David E. Fink Has Over 15 Years Of Experience Fighting Insurance Companies
Professional disability insurers have been found liable for denying coverage on claims brought by disabled professionals. In the 1970s and 1980s some of these insurers grossly oversold disability policies to younger professionals, anticipating that few claims would mount from this low risk population. However as the policyholders aged and professionals became disabled, the claims mounted steadily. Some of the companies decided to cope by unfairly denying claims to cut their losses.
Bad faith claims are basically a breach of the insurance contract, when insurers use non-legitimate reasons to deny claims. Insurers have a duty to the insured to examine claims in good faith and use fair dealing when evaluating claims. To act in bad faith requires the insurer to engage in unfair dealing not just a mistake.