Bad Faith Insurance in Pennsylvania

You pay your insurance premiums with the expectation that your policy will be there when you need it most. Unfortunately, some insurance companies drag out claims or deny them to protect their bottom line. When that happens, Pennsylvania’s bad faith insurance laws offer protection.

The following sections explain what bad faith is and how to recognize it.  

What Is Bad Faith Insurance?

Insurance companies owe policyholders a duty of good faith and fair dealing. This means they must investigate claims fairly, maintain consistent communication, and pay what’s owed under the policy without unreasonable delay or denial. When an insurer violates this duty, it may be acting in bad faith.

Pennsylvania’s bad faith statute allows policyholders to pursue damages (beyond the value of their original claim) when an insurer acts unreasonably. Pennsylvania law also provides legal standards for determining when an insurance company’s conduct may rise to the level of bad faith. 

A bad faith claim recognizes that insurers hold significant power over policyholders; the law is designed to discourage insurers from abusing that power. 

Examples of Bad Faith in Pennsylvania

Bad faith conduct can take many forms. 

Depending on the circumstances, the following types of insurer conduct may support a bad faith claim:

  • Denying a valid claim without a reasonable investigation
  • Delaying payment without justification
  • Offering a settlement far below the claim’s actual value
  • Failing to communicate with the policyholder about the status of their claim
  • Misrepresenting policy language to justify a denial
  • Demanding excessive or irrelevant documentation to slow down the process
  • Failing to defend a policyholder against a covered claim

Not every claim denial or delay amounts to bad faith. Insurers are allowed to dispute claims in good faith. However, the insurer should have a reasonable basis for its actions.

Types of Cases Where Bad Faith May Arise

Bad faith claims can arise across many types of insurance coverage. 

It’s not just a property insurance issue; it can arise in the following matters:

  • Auto insurance: Particularly for car accidents involving underinsured and uninsured motorists
  • Homeowners insurance: Involving property damage or liability claims
  • Disability insurance: When insurers wrongfully terminate or deny benefits
  • Life insurance: When beneficiaries face unjustified delays or denials
  • Health insurance: When necessary treatment is denied without adequate review

Bad faith claims often surface after a policyholder has already gone through a frustrating claims process, only to realize the insurer’s conduct went beyond an ordinary dispute over coverage. In many of these situations, the policyholder initially assumes the delay or denial is simply how insurance claims work, without realizing the insurer’s specific conduct was unlawful.

What Compensation Can I Recover After Experiencing Bad Faith in Pennsylvania?

If a court finds that an insurance company acted in bad faith, Pennsylvania law allows it to impose additional financial consequences on the insurer.

Under Pennsylvania’s bad faith statute, potential remedies include:

  • Interest: Interest on the amount of the claim at the prime rate plus 3%
  • Punitive damages: Additional damages intended to punish especially wrongful conduct
  • Attorney’s fees: The insurer may be ordered to pay the policyholder’s attorney’s fees
  • Court costs: The insurer may also be required to cover costs associated with the case

The compensation available will depend on the circumstances and the legal claims involved.

Contact the York Bad Faith Insurance Lawyers at Marzzacco Niven and Associates for Help Today

If you believe your insurance company has acted in bad faith in York, PA, you don’t have to accept an unfair denial or a lowball settlement. An experienced York bad faith insurance attorney can evaluate whether your insurer’s conduct crossed the line and pursue the full compensation you’re entitled to under Pennsylvania law. 

Contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963