DGAA bLAWg

Bad Faith Insurance Claims

Web Admin - Friday, October 23, 2015

denied insurance claim, Crystal Lake insurance dispute attorney, bad faith insurance claimsIn some instances when a claim is made on an insurance policy, an insured may believe that the insurer has acted in bad faith in settling that claim. Bad faith may occur through a delay in settling an insurance claim as well as the outright denial of the claim. An insurance company that acts in bad faith in the settlement of a claim may be forced to pay the insured for those actions. 

Claims under the Insurance Code 

Under the Illinois Insurance Code (§155), it is possible to recover a statutory penalty, attorney’s fees, and other costs if an insurer fails to fulfill its obligations in an unreasonable manner after a claim is made. 

Specifically, an insured must prove that there was a delay in settling the claim that is vexatious and unreasonable. Determining if the delay is vexatious and unreasonable requires an examination of the totality of the circumstances. Some of the factors that are considered include the attitude of the insurer, whether the insured had to file a lawsuit to recover, and whether the insured was deprived of his or her property for a period of time. 

The amount that may be recovered as a penalty under §155 violations cannot exceed any of the following: 

- Sixty percent of the amount which the court or jury finds the insured is entitled to recover against the insurance company;

- $60,000; and

- The excess of the amount that the court or jury finds the insured is entitled to recover, exclusive of costs, over the amount that the insurance company offered to pay to settle the claim before the action. 

The primary defense to a bad faith claim is that there is a bona fide dispute as to whether a policy provides coverage for the claim. If a bona fide dispute exists, denying or delaying in the handling of the claim is not considered a violation. Further, it has been held in Illinois that conduct of insurers is also vexatious and unreasonable when the insurer presents a legitimate policy defense, a genuine legal or factual issue as to coverage exists, or the insurer takes a reasonable legal position based on an area of law that is unsettled. 

Action that Results in a Violation of §155 

Conduct that leads to a violation of the duty of good faith and fair dealing includes, but is not limited to, the following: 

- Knowingly misrepresenting relevant facts or insurance policy provisions;Not maintaining prompt and regular communication with the insured;

- Refusing to pay a claim (either in whole or in part) that the insurer acknowledges as being due;

- Settling a claim for less than what it is actually worth; and

- Failing to properly investigate a claim. 

Insurance Dispute Attorneys 

If you believe that your insurance claim has been delayed or denied in bad faith, it is important to reach out to an experienced Crystal Lake insurance dispute attorney. Our firm represents individuals in communities such as Schaumburg, Crystal Lake, Palatine, Des Plaines, Buffalo Grove, Rolling Meadows, Barrington, Arlington Heights, Inverness, and Deer Park. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=021500050K155



Recent Posts


Tags

Illinois bicycle safety Illinois Trust Code Illinois Human Rights Act Crystal Lake car accident lawyer speeding boating DUI Attorney Ken Apicella real estate leasing Palatine construction attorney Illinois job attorney Illinois corporate lawyer Arlington Heights wills and trusts attorneys Des Plaines civil attorney brain injury defective products life insurance policy healthcare claims Rolling Meadows health insurance dispute hit and run accident employee discrimination Long Grove estate planning attorney FSLA Crystal Lake bike accident lawyer Buffalo Grove probate lawyer Buffalo Grove law firm whistleblower protections operating agreements suspended license Buffalo Grove employment lawyer fiduciary rule Barrington civil litigation attorney Arlington Heights employment law attorneys Illinois wills and trusts Forcible Entry Illinois driving without license Riverwoods estate planning lawyer Illinois workplace lawyer South Barrington real estate attorney insurance agents foreclosure construction accidents Crystal Lake car accident attorney federal crimes murder charges Chicago estate planning lawyer advance healthcare directive Illinois business law atorneys jet ski accidents Illinois workers compensation lawyer vacation home life insurance claims estate plan traumatic brain injuries Long Grove estate planning attorneys loopholes Schaumburg civil litigation attorney probate claims process medical malpractice manufacturing Rolling Meadows insurance dispute lawyers Des Plaines real estate attorney car crashes Illinois employee rights attorney. elder abuse Palatine civil attorney Palatine estate planning lawyer work unions ObamaCare Illinois employment laws dealing with problem employees Arlington Heights personal injury attorney real estate pain and suffering expungement elder law dram shop law denied insurance claims Schaumburg insurance lawyers breach of contract taxes construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation comparative negligence pedestrian injuries, pedestrian fatality unfunded trust living trust motorcycle accident DUI attorney Policy Cancellation insurance claim dispute Illinois Sales Representative Act irrevocable trust Schaumburg criminal law attorney capital gains tax Des Plaines insurance attorney real estate contract disability benefits Food and Drug Administration's Food Safety Modernization Act insurance denials Des Plaines personal injury lawyers power of attorney Des Plaines DUI attorney job lawyers wrongful termination controlled substance Inverness elder law lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys paid sick leave residential real estate Illinois personal injury lawyer startup company contracts Illinois small business Schaumburg elder law lawyer construction contracts Crystal Lake medical malpractice attorneys institutional trustee problem employees Liquor Control Act employment law Rolling Meadows insurance lawyer insurance dispute attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Schaumburg traffic lawyer creditors denial of life insurance Buffalo Grove traffic lawyers Schaumburg probate attorney Arlington Heights wills and trusts attorney marijuana DGAA Rolling Meadows employment law attorney Crystal Lake medical malpractice lawyer Barrington estate planning attorney preventing accidents Illinois Workers’ Compensation Commission Illinois speeding lawyer workers compensation benefits severance agreements appealing an insurance claim Arlington Heights personal injury lawyer Illinois traffic laws insurance negligence drug possession digital information bicycle accidents hands free device BAC personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois traffic attorney Illinois employment law attorneys Schaumburg criminal attorney Landlord Tenant Ordinance Illinois home inspection minimum wage auto accidents subcontractor Rolling Meadows litigation lawyer digital assets crossover accidents swimming pools Barrington employment attorney financial advisors Buffalo Grove corporate attorney Chicago attorney Inverness probate lawyer cell phone tower data Arlington Heights tax lawyer estate planning for college students criminal defense homestead rights tax attorney underinsured motorist Crystal Lake insurance lawyer Illinois probate lawyer employee rights Rolling Meadows Attorney Inverness traffic law firm Illinois Probate Act of 1975 nursing home negligence Illinois collections attorney Buffalo Grove traffic attorney Illinois insurance disputes Deer Park traffic accident attorney Palatine criminal defense lawyer life insurance cell phone accidents Barrington personal injury lawyer license Schaumburg estate planning attorney small business college kids Schaumburg car accident attorney bicycle dooring accidents Crystal Lake personal injury attorney driving fiduciary rule delay Schaumburg real estate lawyer Rolling Meadows traffic law firm Illinois injury lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois lawyer in terrorem provision Barrington attorney Class A misdemeanor insurance claim blood alcohol content living trust benefits Legal Info Rolling Meadows employment attorney Palatine civil litigation lawyer Illinois Smoke Detector Act Crystal Lake traffic lawyer special needs trust civil rights violation medical malpractice compensation Schaumburg Attorney gift taxes Schaumburg personal injury lawyers Barrington personal injury attorney slip and fall accidents Illinois elder law attorney Chicago estate planning Illinois Schaumburg injury lawyer PTSD Illinois business lawyer BUI Chicago employment attorney Illinois traffic attorneys rollover accidents corporate law Inverness real estate attorney Des Plaines pet law attorney underage DUI Barrington business law firm Illinois LLC creation Schaumburg drug defense lawyer cell phone Palatine corporate law attorneys license suspension Colin H. Gilbert Fourth of July Palatine insurance lawyer Illinois employment law firm Self-Directed IRA Accounts overtime violations Long Grove wills and trusts attorneys Palatine traffic lawyer Illinois insurance lawyer Inverness civil lawyer Barrington boating accident attorney workplace sexual harassment pregnant women estate planning attorney Palatine probate lawyer dog bites Rolling Meadows corporate lawyer Illinois employment lawyer unauthorized overtime Illinois Wage Payment and Collection Act new real estate form Crystal Lake civil litigation lawyer Illinois trusts attorney Crystal Lake pedestrian accident lawyer breathalyzer test Federal Food Drug and Cosmetic Act Illinois real estate living trust vs will Rolling Meadows car accident lawyers insurance disputes POA traffic violations defense distracted driving accidents Barrington employment law firm clemency insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys owner responsibility sexual harassment Arlington Heights medical malpractice lawyer South Barrington real estate lawyer pedestrian-automobile accident Inverness injury lawyer Rolling Meadows estate planning attorney Arlington Heights Attorney Crystal Lake estate planning lawyer Rolling Meadows employment law attorneys probate process Chicago trucking accident attorney low-ball insurance settlement life insurance lawyer Rolling Meadows criminal attorney Illinois insurance claim dispute lawyer coronavirus Palatine elder law attorney Palatine employment attorney estate planning lawyer texting while driving Des Plaines personal injury lawyer Buffalo Grove car accident lawyer Deer Park criminal attorney real estate attorneys Illinois car accident attorney real estate lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace privacy laws changes to mortgage law civil litigation attorney Crystal Lake employment law attorney Illinois personal injury dynasty trusts criminal law DNR sexual images fatal car accidents deadly crashes wills Palatine employment law lawyer Crystal Lake business law attorneys Crystal Lake employment attorney Home Sale Contingencies probate fees estate planning Arlington Heights estate planning attorney Rolling Meadows tax attorney DUI penalities Barrington estate planning lawyer criminal Arlington Heights lawyer pedestrian accident fault based insurance Rolling Meadows business lawyer estate planning trusts senior citizens Des Plaines injury law firm Inverness insurance attorney Illinois insurance dispute lawyers underfunded trust icy parking lots Barrington litigation attorney Barrington criminal defense lawyer Des Plaines privacy Des Plaines tax law firm Illinois insurance claims lawyers medication errors Schaumburg personal injury attorney defective products lawyer Long Grove real estate attorney Illinois employment attorneys Rolling Meadows real estate attorney power of attorney for healthcare Illinois medical malpractice case LLCs rollover car crashes reckless homicide mortgage spinal cord injury Schaumburg construction accident lawyer Deer Park real estate law firm Des Plaines drug lawyer Palatine law firm Mount Prospect real estate lawyer Barrington medical malpractice lawyers Rolling Meadows criminal lawyer landlord tenant law Transfer on Death Instrument car accident bike accident Rolling Meadows drug defense attorney Arlington Heights criminal lawyer Rolling Meadows marijuana attorney Illinois Transfer on Death Instrument Affordable Care Act medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Home Remodeling Repair Act workers compensation head on collisions preventable medical errors Illinois estate planning Crystal lake insurance dispute attorney traumatic brain injury Chicago car accident lawyer Chicago will attorney Illinois personal injury attorney Illinois trucking safety Deer Park workers compensation lawyer Deer Park motorcycle accident lawyer license reinstatement child safety Illinois criminal defense attorney modern family estate planning Illinois pet lawyer Arlington Heights traffic attorney Illinois registered agent Des Plaines accident attorney Illinois pedestrian accident attorney Arlington Heights TBI attorney no contest clauses independent contractor Mount Prospect elder law attorney internet Arlington Heights wills and trusts lawyer Crystal Lake traffic attorney probate claims involuntary manslaughter revenge porn insurance claim denials insurance dispute Rolling Meadows boating crash lawyer Barrington Illinois estate planning lawyer Schaumburg corporate attorney personal injury accidents products liability trucking accident lawyers trauma after an accident criminal record School Visitation Rights Act living wills drunk driving employees vacation home fines rent to own real estate contracts car accidents Detainer Actions Inverness corporate attorney Illinois real estate lawyer Inverness estate planning lawyer Rolling Meadows DUI lawyer natural gas Illinois insurance attorney Des Plaines claims law firm Buffalo Grove personal injury lawyer mass shooting Palatine trusts lawyer car crash Kenilworth estate planning attorneys investment property Illinois medical malpractice lawyers Illinois workplace discrimination attorney Rolling Meadows probate lawyer natural gas explosion Buffalo Grove insurance claim dispute lawyers distracted driving accident victims Colin Gilbert Palatine real estate lawyer Barrington employment law attorney Inverness personal injury attorney Illinois living will TBI holiday statistics condo association Rolling Meadows accident lawyer employment lawyer Buffalo Grove criminal defense lawyer Kenilworth estate planning attorney first degree murder Barrington real estate lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, pizza emoji Illinois civil litigation lawyer drunk driving statistics Mount Prospect wills and trusts lawyers commercial real estate insurance adjusters motorcycle accident lawyer denied insurance claim GM ignition switches Crystal Lake personal injury lawyer Retaliatory Discharge Illinois DUI attorney Fair Labor Standards Act license revocation Barrington drug crime attorney Palatine personal injury lawyer Crystal Lake criminal defense attorney Buffalo Grove real estate attorney automated cars Crystal Lake employment lawyer Buffalo Grove injury lawyer blended families Arlington Heights car accident lawyer Arlington Heights real estate lawyer overtime pay ken apicella Arlington Heights insurance attorney Illinois construction accident attorney IRA trust transfer insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois insurance claim attorney income distribution deducation Deer Park personal injury lawyer Illinois rollover accident lawyers Illinois employment law attorney medical marijuana estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, personal injury Des Plaines drug crimes lawyer Schaumburg employment attorney liability civil litigation Illinois boating accident lawyer Kenilworth estate planning lawyer CAM attorney fees DMV rest breaks insurance claim denial truck collisions Rolling Meadows Traffic Lawyer Illinois traffic ticket lawyer employment attorney Rolling Meadows insurance dispute lawyers, insurance dispute Do Not Resuscitate condo Jay Andrew Deer Park employment law attorney Rolling Meadows traffic attorney workers comp unpaid assessment Palatine business attorney Palatine drug lawyer commercial leases spinal cord injuries Mt Prospect Attorney personal injury law firm traffic laws insurance claims Des Plaines Traffic Lawyer personal injury lawyer insurance claim dispute attorney medical research Barrington Traffic Lawyer Illinois medical malpractice claim bad faith insurance claims Illinois estate planning attorney Arlington Heights car crash attorneys golf accidents Barrington criminal lawyer real estate zoning IRS murder defense Illinois workers compensation attorney trustee home inspection lawyer estate attorney IRELA Deer Park accident attorney employee misclassification texting and driving Crystal Lake pet attorney agent medical malpractice claims business litigation Illinois jet ski accident lawyer FMLA personal injury attorney Des Plaines motorcycle accident attorney Rolling Meadows personal injury attorney Illinois wrongful termination lawyer employment law, Illinois employment laws foreclosed rental property Palatine injury attorney Palatine Attorney wage theft Rolling Meadows insurance attorney traffic violations Chicago biking tips Crystal Lake injury attorney car collision marijuana crimes attorney eluding a police officer Illinois personal injury lawyers Illinois red light cameras Arlington Heights trucking lawyer caregiver car accident lawyer uninsured motorist federal regulations for LLCs right to work pet bites liens traffic accidents llinois Real Estate Lawyers Association Illinois law Illinois will lawyer digital evidence Chicago traffic lawyer Chicago insurance law firm hiring employees Deer Park medical malpractice attorney Palatine punch death insurance denial appeals Des Plaines real estate lawyer social media after death trench injuries Family Medical Leave Act jet ski insurance attorney rumble strips ACA anesthesia errors drugs premises liability Super Mario employment contract deed transfer product liability Chicago employment lawyer Deer Park traffic lawyer traffic crimes pet law Barrington workers compensation attorney Crystal Lake law firm Illinois traffic accident lawyer Crystal Lake medical malpractice law firm back injuries Deer Park DUI lawyer field sobriety test estate tax Arlington Heights wills and trusts lawyers DUI defense accidental death benefits trucking accidents Schaumburg estate attorney Illinois motorcycle accident lawyer Crystal Lake accident attorney traffic offenses Rolling Meadows personal injury lawyers Illinois insurance claim dispute lawyers estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Chicago lawyer commercial leasing gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Schaumburg employment law attorneys Illinois employment law boating under the influence unpaid overtime Schaumburg personal injury lawyer Palatine employment lawyer Palatine corporate attorney Illinois wills and trusts attorneys consent to a search DUI Long Grove real estate lawyer personal injury claims Rolling Meadows personal injury lawyer Schaumburg food poisoning car crash injuries probate landlord Arlington Heights Traffic Lawyer filing a medical malpractice claim Crystal Lake tax lawyer boating accidents Thanksgiving trust payments employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Crystal Lake will lawyer drug crimes lawyer pedestrian accidents real estate attorney Palatine traffic accidents Inverness DUI lawyer meal breaks Joliet general practice lawyers Schaumburg estate planning lawyer Arlington Heights pedestrian accidents Long Grove estate planning forming a corporation in Illinois Buffalo Grove personal injury attorney drug crime Chicago corporate attorney wrongful death wills and trusts Illinois defective products attorney Palatine workers compensation lawyer caretaker rights loss of consortium healthcare Schaumburg wrongful death attorney murder probate lawyer traffic deaths Illinois mortgages Barrington injury attorney Employment Discrimination Law Des Plaines personal injury attorney real estate closing liability claims Arlington Heights injury attorney comp time Schaumburg medical malpractice lawyer compensatory time Exclusions surgical mistakes Des Plaines criminal attorney Arlington Heights employment attorney insurance claim delay Chicago insurance claim attorneys Illinois attorney Inverness real estate lawyer Buffalo Grove medical malpractice lawyers pay when paid contract Des Plaines collections attorney car accident lawyers trusts installment contracts Whistleblower Claims drug crimes slip and fall insurance agent negligence Illinois estate planning law firm Illinois tax attorney sole proprietorship BAIID personal injury claim Illinois medical malpractice attorney traffic tickets Rolling Meadows medical malpractice lawyers IRA benefits Arlington Heights accident attorney guardianship attorney Inverness accident lawyer Des Plaines medical malpractice attorney

Archive