Pleasant Law Blog (Insurance Claims, Medical Misakes, and Nursing Home Claims)

Would Your Insurance Company Sue You? It Can and Does Happen.

By Thomas Waitt Pleasant, North Carolina Unfair Insurance Colaims Practices Attorney. Toll Free 888.435.7156. Attorneys are seeing an increase in the insurance claim tactic by insurance companies whereby they simply sue their own insured/policyholder, rather than just deny the claim. This is a particularly abusive and unfair tactic in my mind. This is not necessarily a new insurance company tactic, but it seems to be on the increase by a number of big-name insurance companies. Technically, the insurance company may have the legal right to do this under most states' declaratory judgment laws, but the technical right to handle an insurance claim this way does not necessarily make the tactic fair or in good faith. In my opinion, this conduct is without question in bad faith. A typical scenario might be that, after you submit your insurance claim (whether for fire damage to your house, for medical insurance, cancer insurance, etc.), the insurance company decides it thinks there is no coverage. Rather than simply deny the claim in writing with the reasons for the denial, as they relate to the insurance policy provisions (as many states' unfair claims practices laws requires), you get served with a lawsuit. If your insurance company sues you, you should get an insurance attorney immediately. Once you are sued, deadlines will apply to your lawyer's filing of a proper response to the lawsuit, and how this is done can have a dramatic effect on the outcome of your case. If the insurance company did not actually handle your claim properly (for example, by failing or refusing to thouroughly and objectively evaluate your insurance claim), your lawyer should file counterclaims (a countersuit) for unfair claims practices, bad faith, and, probably, several other types of claims. I generally provide free consultations to people who have been sued by their own insurance company. Contact my office Toll Free at 888.435.7156.