West Virginia Insurance Claim Attorney – Bad Faith Laws

West Virginia house flooded and homeowner's insurance denied in bad faith

Insurance Dispute – Bad Faith Lawyers in Charleston, WV

Insurance companies often act in bad faith and make it difficult for West Virginians to recover the insurance benefits they are entitled to after a loss or damage to their car or home. Fortunately, under West Virginia law, insurance companies have many duties to the people they sell insurance to, and an insurance claim attorney can help you understand all of your rights.

For example, insurance companies have a duty to treat you fairly and act in good faith when handling your West Virginia insurance claim. When insurance companies act in bad faith and breach this duty, they may be held accountable entitling you to financial compensation.  This duty extends to all insurance claims including those involving automobile crashes, damage and loss to your home or business, and life and disability insurance policies.

At West Law Firm, our insurance claim attorneys represent people who have been treated unfairly by insurance companies, and we will work hard to make sure you recover the benefits you’re entitled to and hold the insurance company accountable. If you feel your insurance company is acting in bad faith in denying, delaying, or paying you less than the fair value of your claim, we invite you to contact one of our experienced insurance claim attorneys for a free case evaluation. Our toll-free number is 1-877-943-WEST (9378), and at West Law Firm, there’s never a fee unless we win.

What is a Bad Faith Claim in West Virginia?

West Virginia insurance adjuster evaluation a disputed property damage insurance claim

West Virginia’s insurance bad faith laws allow an insured person to recover compensation from an insurance company for failing to settle or pay a claim in good faith. The Black’s Law Dictionary defines insurance bad faith as follows: An insurance company’s unreasonable and unfounded refusal to provide coverage in violation of the duties of good faith and fair dealing owed to an insured. Bad faith often involves an insurance company’s malicious failure to pay the insured’s claim or failure to pay the full value of the claim or failure to pay the claim in a timely manner.

Insurance companies also must assist policyholders with processing their claims and pay claims without unreasonable delay. When an insurance company acts in bad faith or unfairly against a policyholder, then that policyholder may have a West Virginia bad faith insurance claim and be entitled to monetary compensation above and beyond the benefits promised in the insurance policy.

Indications You May Have a West Virginia Bad Faith Insurance Claim

  • Your insurance company failed to evaluate or pay your insurance claim in a timely manner.
  • Your insurance company denied a reasonable claim.
  • Your insurance company unreasonably underestimated the cost to repair your home.
  • Your settlement was unreasonably low.
  • Your insurance company did not assist you with your claim.
  • Your insurance company refused to pay benefits covered under any life, health, disability, home or auto insurance policy.
  • Your insurance company acted dishonestly, deceptively or fraudulently.
  • Your insurance company engaged in unfair settlement practices.

Can Third-Parties Sue Insurance Companies for Bad Faith in West Virginia?

Unfortunately, no they cannot. West Virginia lawmakers passed WV Code § 33-11-4a, which eliminated the rights of third-parties to sue West Virginia insurance companies when insurance companies act in bad faith toward them.

What this means is that only the person who is directly insured by the insurance company can sue West Virginia insurance companies for bad faith. Of course, this would include anyone who purchased the insurance policy at issue. However, it also may include others who are insured by the insurance policy but who are not named in the policy.

For example, if you’re a passenger in your friend’s car and you were both hit by an underinsured driver. If your friend has underinsurance coverage, then it would apply to you and you would be considered an insured. Consequently, your friend’s insurance company would have a duty to treat you with good faith and you may have a right to sue the insurance company if they handle your underinsured claim in bad faith.

West Virginia bad faith law is complicated, and if you think you may have a claim, it’s usually best to at least speak with an experienced West Virginia insurance claim attorney like those at West Law Firm.

Get a Free Evaluation of Your West Virginia Bad Faith Insurance Claim

There is no clear definition of insurance bad faith. That is why if you are an insurance policyholder and are not receiving all of the benefits to which you think you are entitled, it is important to discuss your case with an insurance claim attorney experienced in West Virginia insurance disputes and litigation.

At West Law Firm, our insurance bad faith lawyers are experienced in helping people who have been treated unfairly by insurance companies recover full compensationies. So, we know how insurance companies think and what it takes to get full and fair compensation for you.

If you have been affected by the bad faith conduct of an insurance company, we invite you to call us for a free and confidential case evaluation. Our toll-free number is 1-877-943-WEST (1-877-934-9378). West Law Firm is located in Charleston, West Virginia, and we serve clients throughout the state and country. If you cannot come to us, we will send an experienced West Virginia bad faith insurance lawyer to you.

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