Treated fairly and insurance bad faith
California, has accepted the position of insurance companies are obligated to treat the impartiality and good faith, they are insured policyholders submitted applications. All insurance policies, including the implied obligations of good faith and fair dealing, which indicates whether the insurance company are not insured will damage the other side to get the benefits of the agreement. Must take into account the interests of the insured in the same assessment of the insurance company, the insurance company in order to successfully fulfill its obligations of good faith and fair dealing.
If insurance companies can not be deprived of the benefit of the insured, the policy is reasonable or not justified, it is a breach of good faith and fair dealing implicit obligations. More than that can not be used with caution. You do not have to prove the insured, insurance requirements deliberately refused to maintain the company to assume.
If the insured that their insurance company deliberately placed roadblocks in this process, or unfairly refused to meet the requirements, they may pursue the matter in civil court to collect the judgment. Representatives of the insurance company might think that his approach is correct, trust between the insurance company and deposit the client may have a negative impact, but the lies, deceit and unnecessary delays. The fiduciary duty is more complex: it may be obvious malice and in good faith, may call more than just honest transaction. As it is impossible to catalog all types of malicious ago some type of judicial decision recognized evade the spirit of the agreement, or relax efforts, voluntary reporting of poor performance, abuse of power by the terms and specific conditions, interference or failure Cooperation respective performance.
To make the law clearer, examples of the insurance company may be malicious look. Auto insurance if they are insured, the insurance company offers uninsured drivers uninsured motorist involved in the accident, the insured, the insurer will pay the policy to ensure the fair and expeditious. Even if they can possibly pay claims, the insurance company may be malicious, they discuss the value of insured losses, or suspension of payments. If late payment, the insurer may submit malicious.
Insurance bad faith, it will also appear an unreasonable interpretation of the policy on the basis of the insurance company refused the request (if the benefits of life insurance, property damage, etc..) This situation often occurs, explained policies because no specific policy describes the definition of the conditions or prerequisites for coverage. Insurance companies left to define or explain the language, its own policy. The insurer may hold a grudge, they ignore the plain meaning of the word, or negligence, the interpretation of the insured policy to give appropriate weight. Remember, any ambiguity in the policy is written in a way favorable to the insured, rather than the insurance companies. Are excluded from the insurance policy must be reasonable, easy to understand, rather than a range.
