Insurance Recovery and Bad Faith

Singleton Schreiber’s experienced insurance attorneys represent policyholders who are harmed by the unjust practices of insurance companies and predatory financial institutions. Handling cases involving life, property, casualty, fire, auto, and health insurance, we hold insurance companies accountable when they refuse to pay claims, fail to defend policyholders in lawsuits, delay payment of claims, or otherwise operate in bad faith. With decades of trial experience and expertise in the methods and practices of insurance companies, our policy holder attorneys will fight to protect your interests.

What Does Bad Faith Mean in Insurance?

In the context of insurance, bad faith refers to an insurance company's intentional failure to fulfill its contractual obligations to policyholders. Insurance companies are legally required to act in "good faith," meaning they must treat policyholders fairly and handle claims with honesty and diligence. When they deviate from these responsibilities, they are said to be acting in bad faith.

Bad faith can manifest in various ways, including denying valid claims, delaying payouts, or misrepresenting policy terms to avoid liability. These practices undermine the trust between the insurer and the insured and can leave policyholders in precarious financial and emotional situations.

Common examples of insurance bad faith include:

• Wrongful claim denial
• Unreasonable claim delays
• Lowball settlements / underpayment
• Misrepresenting policy terms
• Failure to investigate
• Biased or flawed third-party inspections

Challenging Improper Smoke and Ash Damage Assessments After Wildland-Urban Interface (“WUI”) Fires

One of the most pressing examples of bad faith conduct today involves wildfire smoke and ash damage claims. Smoke and ash contamination are not just cosmetic issues. They constitute real, physical property damage that can render a home unsafe and uninhabitable. Toxic particles from WUI fire smoke can infiltrate HVAC systems, porous building materials, insulation, furnishings, and personal property, creating persistent health hazards and long-term structural contamination. Insurers increasingly outsource inspections to cherry-picked third-party industrial hygienists who produce reports that minimize contamination levels. Insurers use these reports to justify unwarranted partial or complete claim denials.

Singleton Schreiber is actively investigating and litigating claims involving negligent inspections, biased testing protocols, delayed investigations, and the use of flawed or misleading environmental reports as a pretext for underpayment or denial. When insurance companies and their consultants fail to conduct fair, thorough, and science-based assessments, we pursue bad faith and class action litigation to hold them accountable and ensure homeowners receive the full benefits promised under their policies.

Why You Need an Experienced Insurance Lawyer

When you are engaged in a dispute with your insurance company and you believe you are not being treated fairly, you should consult an experienced insurance policy holder attorney who can evaluate your case and recommend the best course of action. Examples of these disputes include, but are not limited to, the following:

1. When your claim is denied. If you believe your insurance company has denied your claim in bad faith, you should consult an insurance attorney. Some insurance policies require that actions, appeals, or lawsuits be filed within a certain period of time and failure to meet those deadlines can prevent you from seeking recourse.
2. When payment is unreasonably delayed. If you are acting in good faith but your insurance company has failed to pay your claim in a reasonable amount of time, you should consult an insurance attorney.
3. When you are accused of fraud or of causing the loss. If your insurance company accuses you of insurance fraud, even impliedly, you should consult an insurance attorney. Your insurance claim could be in jeopardy, you could be reported to the state insurance commissioner, or you could face criminal charges. Seeking the advice of a qualified lawyer is essential to protecting your interests.
4. When your insurance company requests a formal examination. Many policies allow an insurance company to take your statement under oath during a loss investigation. Taking this step is an indication that the insurance company believes there is a serious issue with your claim. To protect your claim, you should consult an insurance policy holder attorney.
5. When your insurance company hires a lawyer. If your insurance company feels they need a lawyer to deal with your claim, you probably need one, too. It is a sign that they believe there is an issue with your claim.  Their lawyer is obligated to protect their interests. You should consult an insurance attorney so that  someone is protecting your interests, as well.
6. When you are not getting straight answers. If you are confused by your insurance company’s response to your claim or your questions, you should consult an insurance policy holder attorney who will evaluate your situation and answer your questions with your best interests at heart.

Documents You Should Have Available

If you believe our experienced insurance policy holder lawyers can help you, please contact us to schedule a free evaluation of your case. Providing as much of the following information as possible will help them accurately evaluate your case:

• The facts of the incident giving rise to the claim.
• Copies of all of your insurance policies — whether they seem relevant or not.
• Copies of any police, fire, or other incident-related reports.
• Records or documents relating to the loss.

It’s crucial to consult with an experienced insurance attorney who can evaluate your case and recommend the best course of action. At Singleton Schreiber, our team is dedicated to holding insurance companies accountable and ensuring that policyholders receive the justice they deserve. Contact us to schedule a free evaluation of your case.

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