If you’ve had a claim for insurance benefits without a reasonable explanation, it’s important to explore your legal rights and options. Insurance companies that handle claims in Lancaster, Pennsylvania, have an obligation to do so in good faith. Unfortunately, this doesn’t always happen. The experienced Lancaster bad faith insurance lawyers at Marzzacco Niven & Associates can help you make things right.
Since 2008, we have helped accident victims and families in Lancaster take on powerful insurance companies. Our attorneys, with over 120 years of combined experience, level the playing field and force these corporations to handle claims honestly, in compliance with the law, and in the best interests of the people we represent.
The award-winning Pennsylvania trial attorneys with our firm have recovered tens of millions on behalf of deserving clients. Now, we’re here to help you hold the insurance company accountable for their bad faith actions and make things right for you. Contact our law office in Lancaster, PA, today at (717) 616-2954 to learn more. Your first consultation is free.
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How Marzzacco Niven & Associates Can Help if You’ve Been the Victim of Bad Faith Insurance Tactics in Lancaster, PA
Insurance companies are powerful. They control the claims process. They have considerable resources at their disposal and are represented by skilled adjusters and attorneys. When you file a claim, they have the advantage from the start.
Even though the insurance company is legally obligated to be honest, transparent, and with the intent to fulfill the terms of the insurance policy, this doesn’t always happen. Some insurance companies try to manipulate or trick claimants into giving up or walking away with less money than they deserve.
Marzzacco Niven & Associates is here to set things straight and help you secure the compensation to which you’re entitled under the terms of the insurance policy.
Our Lancaster personal injury lawyers are known and respected litigators with a reputation for going up against tough insurance companies and winning big.
When you turn to us for help with your bad faith insurance claim, we will:
- Carefully review the details of your underlying claim
- Determine how the insurance company breached its duty to act in good faith
- Document all of the insurance company’s bad faith conduct
- Gather evidence during the discovery process
- Collaborate with expert witnesses as we build your claim, identify your damages, and calculate what your case is worth
- Engage in meaningful negotiations with the insurance company and work to leverage a substantial settlement offer on your behalf
- Bring your bad faith insurance lawsuit to trial in Lancaster County, PA, if the insurance company refuses to admit wrongdoing or make you a fair settlement offer
When you choose Marzzacco Niven & Associates, you don’t have to worry about the added cost of hiring a personal injury lawyer to help you take on the insurer. Since we work on a contingency fee basis, there’s no cost to you unless we win compensation for your bad faith insurance case. Our fees come right out of your recovery, so there’s no added financial stress for you.
Contact our Lancaster law office to discuss the details of your bad faith insurance claim today. Members of our team are standing by to help you set up a free consultation now.
What Does Bad Faith Insurance Mean?
Insurance policies are contracts. When you buy a policy, you pay premiums in exchange for coverage in the event of an accident, personal injury, or death. Both the claimant (the person who files the insurance claim) and the insurance company assume an obligation to act in good faith.
Good faith means intending to resolve a claim honestly, transparently, and within the terms of the policy.
However, insurance companies have been known to deny claims without reasonable justification, unnecessarily delay the claims process, pay claimants less than their cases are worth, and even intentionally misinterpret the terms of a policy.
These are known as bad faith insurance practices, and they’re illegal in the Commonwealth of Pennsylvania.
An insurance company’s requirement to act in good faith is codified in Pennsylvania law at 42 Pa.C.S. Section 8371. Under the law, an insurance company can be sued if it acts in bad faith.
When you sue an insurance company under Pennsylvania law, you must prove:
- There was no reasonable justification for denying your insurance claim (or another similar bad faith action), and
- The insurance company knew or ignored the fact that there was no basis for denying your claim (or another similar bad faith action).
When you can prove an insurance company acted in bad faith, you can be compensated for the struggles you’ve had to endure.
Bad faith insurance lawsuits can involve both first-party and third-party claims.
First-party claims involve the policyholder and their insurance company. For instance, let’s say you’re injured in a car accident in Lancaster. Under Pennsylvania’s “choice no-fault” system, you’re generally required to seek compensation from your own insurance provider (depending on the option you’ve chosen). In this instance, you’d be filing a first-party claim since you’re seeking benefits from your own policy.
Third-party claims involve an insurance company and a third party who is covered by a policy. For instance, let’s say you slipped and fell at a local business in Lancaster. You could reserve the right to file a claim with the business’s insurance company. This would be a third-party claim since you are not the policyholder.
Common Examples of Bad Faith Insurance Practices
Bad faith insurance isn’t limited to denying a claim without a good reason. In reality, there are many actions that can be classified as “bad faith,” cause you to suffer an injury, and set the stage for litigation.
Examples of bad faith insurance practices include:
- Knowingly offering a settlement for less than a claim is worth
- Delaying the claims process without a valid reason
- Intentionally misconstruing the terms of an insurance policy to the detriment of the claimant
- Changing the terms of an insurance policy without the claimant’s knowledge or consent
- Refusing to communicate about the claim
- Failing to provide a claimant with all necessary paperwork
- Delaying payment of an insurance settlement without justification
If the insurance company’s tactics are designed to hurt you and don’t serve any legitimate purpose, you may have the right to take legal action.
Do you suspect that an insurance company has handled your insurance claim in bad faith? Contact Marzzacco Niven & Associates. Our bad faith insurance attorneys in Lancaster are here to help.
When Can an Insurance Company Deny a Claim?
Just because an insurance company denies a claim does not necessarily mean that it has acted in bad faith.
There are legitimate reasons why an insurance might deny a claim, such as:
- The policy has lapsed due to the nonpayment of premiums
- The claimant is not covered under the policy
- The policy does not cover the type of injury suffered
- There is a legitimate dispute regarding liability
At the end of the day, an insurance company can only deny a claim when there is a legitimate reason. They must provide this reason to you if and when a claim is denied.
What Types of Damages Can Be Awarded to Victims of Bad Faith in Lancaster?
The purpose of a bad faith lawsuit is to help you recover the compensation you sought through an insurance claim and to hold the insurer accountable for their unsavory actions.
This means you can potentially recover both economic damages and punitive damages if you win.
Pursuant to Pennsylvania state law, the following damages can be awarded in a bad faith action:
- The original value of the underlying claim
- Interest plus 3 percent
- Attorney’s fees and court costs
- Punitive damages
Non-economic damages, like those for pain and suffering, normally cannot be awarded in these types of personal injury cases. Our lawyers will make sure to look into all sources of compensation so that we put as much money into your case as we can.
When Do I Have To File an Insurance Bad Faith Lawsuit in Pennsylvania?
Since bad faith lawsuits are a matter of personal injury law in Pennsylvania, you’ll typically have two years from the date your claim is denied to sue the insurance company.
You must meet the deadline established by the statute of limitations if you want to recover the compensation to which you’re entitled. Protect your rights by reaching out to our bad faith insurance lawyers in Lancaster for help today.
Schedule a Free Consultation With an Experienced Lancaster Bad Faith Insurance Lawyer Today
Insurance companies have to be held accountable when they deny claims without a good reason. If you’ve been harmed by an insurance carrier’s bad faith actions in Lancaster, PA, call Marzzacco Niven & Associates.
Our Lancaster bad faith insurance lawyers are here to help you make things right. Benefit from a team with over 120 years of collective experience and a passion for justice. We’ve helped clients win millions. Now, we’re here to fight for you, too.
We offer a free case evaluation, so contact our Lancaster law office today.