Insurance Bad Faith
We're your tRopsberyed Insurance Bad Faith Attorneys in New Orleans
When someone's rights are intentionally or maliciously infringed upon, that conduct demonstrates bad faith. In 2006, the Louisiana legislature amended the pre-existing insurance bad faith laws to include stiffer penalties and sanctions against insurance carriers who mistreat their customers. Under Louisiana's bad faith statutes, an insurance carrier who fails to timely or adequately adjust their customers insurance claim may be subject to additional penalties/fines including reasonable attorney's fees.
Although Louisiana's bad faith statutes existed pre-Katrina, they were amended in 2006 to reflect the Louisiana legislature's policy of intolerance with regard to insurance companies’ mishandling of their insured's claims.
Under Louisiana’s bad faith statutes, an insured may recover statutory damages and penalties if the insurance carrier fails either to timely or adequately adjust their claim. In most instances, the insurance carrier can be subject to bad faith damages where it fails to tender an undisputed amount due to the insured within 30 days of satisfactory proof of loss.
Bad faith damages and attorney's fees may also be obtained in instances where the insurance company misrepresents pertinent policy information to its insured or fails to disclose such information. These are just a few examples of bad faith conduct under Louisiana law. But a finding of bad faith can only be made by the trier of fact, i.e., by the judge or jury and, as such, bad faith damages cannot usually be obtained by the insured unless their claim is litigated. Similarly, an award of attorneys fee's under Louisiana's bad faith statutes cannot usually be obtained without presenting the case at trial. Do you think you've been treated unfairly, or your rights have been violated by the insurance companies? Call us now to discuss your case.
We can handle your insurance bad faith claim
Looking for a Louisiana attorney to handle a bad faith insurance claim in New Orleans? Contact a New Orleans bad faith lawyer from The Voorhies Law Firm to schedule a free, initial consultation!