What are your Insurance Company's Duties?

Every insurance company in West Virginia has certain duties and responsibilities to you, their insureds. If your insurance company fails to fulfill these duties, you may have a claim against them.

In West Virginia, your insurance company may not violate any of the following laws with such frequency as to indicate a general business practice:

(1) Misrepresent pertinent facts or insurance policy provisions;

(2) Fail to acknowledge and act reasonably promptly upon communications relating to claims;

(3) Fail to adjust and implement reasonable standards for prompt investigation of claims;

(4) Refuse to pay claims without conducting a reasonable investigation;

(5) Fail to affirm or deny coverage of claims within a reasonable time after submitting proofs of loss;

(6) Not attempt in good faith to effectuate prompt, fair, and equitable settlements when liability is reasonably clear; and

(7) Compel insureds to institute litigation to recover amounts due by offering substantially less than amounts ultimately recovered.

If you believe your insurance company has violated any of these laws, you may have a claim against your insurance company. Contact one of our West Virginia Bad Faith lawyers immediately to discuss your options. Fitzsimmons Law Firm has handled hundreds of claims against insurance carriers, including State Farm, Allstate, Westfield, Progressive, Erie, AIG, Nationwide, St. Paul, Motorists, Liberty, Cincinnati, Grange, State Auto, and Geico. The Fitzsimmons Law Firm has obtained numerous verdicts and settlements over $1 Million against various insurance companies, including a $39 Million Verdict for insurance bad faith.


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