The knowledgeable Charleston, West Virginia, insurance bad faith attorneys of Heavens Law Offices are committed to defending policyholders who are the victims of bad faith denials or underpayment. We hold insurance companies liable for benefits owed to the insured. Our firm provides the highest quality legal representation to clients throughout West Virginia. Chris Heavens began his legal career working for insurance companies. His experience working within the insurance industry gives him a unique insight into the most important issues when taking on insurance companies that violate the law or simply breach their duty of good faith to policyholders.

At Heavens Law Offices, they are very familiar with insurance regulations and we keep up with current developments in the law of insurance bad faith and insurance policy interpretation. They have a network of expert consultants with whom they work to evaluate cases and advance their client’s position when they believe the client has a meritorious case. Heavens Law Offices carefully screens all insurance bad faith cases and they do not accept frivolous cases. While they cannot guarantee a certain result for clients, clients can rest assured when Heavens Law Offices agrees to take their case that the case is a meritorious case worthy of fair compensation.

An insurer has a duty to act in “good faith” toward the insured. This means reasonably fulfilling the terms of the contract as the parties intended. The implied covenant of good faith implies a promise to act fairly when handling claims. But fulfilling the reasonable expectations of policyholders is not always in the best financial interests of the insurer. Insurance companies often have good economic reason to deny or underpay valid claims. When an insurer intentionally withholds or tries to underpay benefits owed under the policy, the insured may be entitled to compensation through a “bad faith” claim. Examples of bad faith include:

• Failing to promptly or thoroughly investigate a claim
• Unreasonable delay in payment
• Breach of duty under insurance contract
• Unreasonable denial of benefits
• Misleading or hidden terms in policy
• Unreasonable interpretation of policy language
• Refusal to settle case or reimburse loss
• Dishonest, deceptive, or fraudulent conduct

While insurers have the right to deny a claim, they also have a duty to honor their obligations under the contract. This may require paying what is due to the insured or providing good cause for denying the claim. Insurers looking out for their own bottom line try to minimize their liability for your loss. They do this by finding any reason to deny or underpay the insured. Many companies get away with this behavior because few policyholders challenge their actions. Even if a few people appeal the wrongful denial of their claim and recover a substantial verdict or settlement against the insurer, the company has still saved millions of dollars by denying the vast majority of claims that remain undisputed.

West Virginia law protects insured policyholders who are wrongfully denied benefits under an insurance claim. Unfortunately, most people become discouraged by the confusing terms and conditions in the contract. The language seems purposely obscure and ambiguous. The specter of out-negotiating claims adjusters is likewise daunting, forcing most policyholders to give up. But a qualified insurance attorney can conduct a detailed examination of the contract and defend your rights in a bad faith claim. Contrary to what you might think, insurers are prohibited from attaching obscure terms and conditions that completely waive their duty to the insured. Any ambiguous or misleading terms are likewise construed in favor of the insured.

If the case goes to trial, the insured is entitled to all consequential losses and damages incurred as a result of the denial. This includes damages for emotional distress as well as attorneys’ fees and costs. Where the insurer has exhibited gross misconduct, the court may also award punitive damages to deter the company from causing future harm. However, state law provides a very limited time period to present a claim for loss; policyholders who wait too long to bring a claim for bad faith forfeit their right to relief. After an efficient review of your policy, a qualified insurance attorney can quickly determine whether your loss is covered and evaluate your claim.

If you have been denied benefits under an insurance policy, contact the experienced Charleston bad faith insurance lawyers at Heavens Law Offices immediately. Insurers tend to take a complaint more seriously when a lawyer becomes involved. Our firm has compelled many insurance companies to modify their earlier bad faith denial to avoid having to justify their actions in court. We have recovered substantial verdicts and settlements for clients in all types of bad faith claims. Our firm is committed to helping you obtain the compensation you deserve. Call 1-866-HEAVLAW for a free consultation or contact us online.