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Late release of information deemed bad faith by judge

One the chief complaints that many have when dealing with insurance companies in San Antonio is the time that it often takes to get claims resolved. While at face value, it may seem as though insurers are justified in being thorough in their investigation into claims, the notion that such intensive examination may only be a stall tactic is ever-present. When that examination results in a claim denial, one might be justified in accusing his or her insurer of operating in bad faith

A Louisiana District Court judge recently confirmed that such had occurred in a case involving the years-long legal battle between numerous local parties and two specialty insurance companies. The dispute centered around an industrial accident that occurred in 2012. Citizens, local officials, the state police and even the state's military department ended up suing over unpaid claims. The insurers tried to justify their denials by saying that they had never performed an on-site inspection at the facility where the accident occurred, and thus were unaware of the dangerous operations taking place there. However, evidence recently surfaced proving that an inspection had indeed been done prior to the insurers issuing coverage. Yet that proof only came to light after the period of discovery had passed. 

Fortunately for the insured, the judge hearing the case agreed that the late release of information was proof of bad faith. In many cases, proving that to be the case is not that simple. People seeking coverage may have to work even harder to prove that their insurers might be giving them the runaround. Those in such a situation may be wise to enlist the services of an experienced attorney. 

Source: Minden Press-Herald "Judge rules against Explo insurers" Daniel, Caleb, Feb. 14, 2018

 

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