How Do You Prove Bad Faith In Court?

March 1, 2022 | By Greene Broillet & Wheeler

It is unacceptable for an insurance company to act in bad faith. Insurance providers have a duty to act in good faith and fair dealing, which means they must be truthful about their statements regarding the law and your policy.

There are many ways to prove that an insurance company has acted in bad faith, but as with any other legal case, the success of your case will always depend on the evidence presented. Read on to learn more.

How to Prove Insurance Bad Faith in Court

Some of the most effective pieces of evidence for holding insurance companies accountable for bad faith include the:

• Testimonies of expert witnesses in the handling of insurance claims.
• Insurance provider’s corporate policies.
• Insurance provider’s own file of your claim.

Expert Witness Testimonies

It can be helpful to your case to have the testimony of witnesses with expertise in the handling of insurance and claims.

Expert testimonies are typically permitted by the courts on elements that reach beyond the typical understanding of the general public. Expert testimony is usually admissible so long as the court determines it will help with the jury’s understanding of the evidence.

Proof of Corporate Policies

Your insurance provider’s corporate policies may be relevant in proving your case because they may demonstrate that the company encourages claims adjusters to serve policyholders unfairly. In addition, training materials, as well as internal policies and procedures, may provide evidence that claimants are frequently treated unfairly as a result of the way the company conducts business.

Your Provider’s Claim File

The documents included within your insurance provider’s file for your claim can reveal intricate details proving the insurance company’s true intent with your case. Details within the file may include:

• The provider’s impressions of your case,
• Any correspondence between you and the provider, and
• The extent to which an investigation has been conducted.

We Can Help Victims of Insurance Bad Faith

If you’ve fallen victim to an insurance provider’s bad faith, it is critical to hold your provider accountable for wrongdoing. It is unacceptable for bad faith to occur and we will do everything possible to fight for justice on your behalf.