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

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

Archive