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

Archive