Insurance Bad Faith Claims
In Alaska, every insurance policy contains an implied duty of fair dealing and good faith. Insurance companies are supposed to promptly and fairly pay legitimate claims. When a consumer buys an insurance policy, he is buying peace of mind. An insurance company is required to give the interests of its insureds the same amount of consideration as it gives its own interests. These are all well-established legal principles. In reality, insureds often have to spend many years and tens of thousands of dollars litigating with their insurance company to obtain the benefits promised under the policy. When an insurance company has wrongfully denied coverage, or wrongfully denied or "lowballed" a claim, insureds may be able to successfully sue the insurer for "insurance bad faith." An insurer who commits bad faith may be liable for damages beyond the coverage limits of the policy.
Alaska Personal Injury Law Group attorneys have handled numerous insurance bad faith claims against many different insurers. They are familiar with the law of insurance bad faith, including court decisions and statutory law that require insurers to:
- advise insureds of all coverages and benefits that apply to a particular loss
- consider the interests of their insureds equally with their own interests
- timely and fairly pay legitimate claims
- explain coverage decisions and settlement offers in writing
- not compel insureds to sue for the amounts due under the policy
By virtue of the many insurance bad faith cases they have handled, the attorneys at the Alaska Personal Injury Law Group have extensive knowledge about the claims personnel, standard claims handling procedures and key documents at several large insurers operating in Alaska. They are also familiar with experts who are qualified to testify on the subject of proper claims handling practices.
Mr. Moody and Mr. O'Donnell are currently representing insureds in a certified class action against Allstate Insurance Company based on how Allstate offered and sold Uninsured/Underinsured Motorist (UM/UIM) insurance coverage in Alaska and how it failed to fairly adjust claims under that coverage. Mr. Moody is representing a GEICO insured in a case involving similar issues. A class action has not yet been certified in that case.
Contact us. We have handled numerous insurance bad faith claims and can explain your options if you have been treated unfairly by your insurance company.