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Vivian Torres Foldenauer Law Group
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SAN DIEGO INSURANCE BAD FAITH ATTORNEYS

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People and businesses should be commended for their prescience of obtaining insurance. Along the same lines, insurance companies do not always deserve a greedy bad reputation. In fact, the majority of legal disputes in civil court involve an insurance company trying to find the fair cost of an accident. Sometimes, however, the insurance companies make unreasonable denials of claims or refuse to defend an insured in situations they should defend. To protect people and business from poor choices made by insurance companies, the law places a duty of good faith and fair dealing on the insurance company. An insurance company breaches this duty when it acts unreasonably in the handling of an insured’s claim – commonly referred to as “bad faith.” Foldenauer Law Group has successfully represented plaintiffs in insurance bad faith claims in mediation, arbitration, and trial in state and federal courts.

Bad Faith

An insurance company may have acted in bad faith for any of the following actions:
  • Withholding benefits granted under the insurance policy
  • Delaying and repeatedly asking for additional information to support a valid claim
  • Failing to state in writing why it has denied a claim
  • Failing to objectively evaluate a claim
  • Refusing to defend an insured who has been sued
  • Engaging in a pattern of unfair insurance practices
  • Misrepresenting the coverage granted under the insurance policy
  • Groundless attempts or threats to rescind an insurance policy
  • Refusing to accept a reasonable settlement demand in a lawsuit against an insured

Defenses

Insurance companies have numerous defenses to bad faith claims. Some of these defenses are as follows:
  • The insured misrepresented information on the insurance application
  • The insurance company relied on advice of its lawyers
  • The insurance company acted properly and reasonably
  • There is a genuine dispute as to the facts upon which the insurance company relied

Damages

When an insurance company is found to have acted in bad faith, the insurance company may be responsible for the following damages:
  • The amount due under the policy
  • Prejudgment interest
  • The insured’s attorney fees and costs
  • Damages for the emotional distress caused by the insurer’s bad faith conduct
  • Punitive damages if the bad faith conduct is found to be malicious, oppressive or fraudulent

Everything Matters

Foldenauer Law Group has prosecuted many business disputes for our clients resulting in settlements and awards of millions of dollars. We have defended business owners and obtained “zero dollar” and “nuisance value” settlements. We have litigated cases resulting in early case dismissals and through jury or bench trial resulting in defense verdicts. We have built our success on nearly 30 years of combined experience and have a proven track-record. It’s no accident. We work exceptionally hard to obtain extraordinary results for our clients.

We are selective. We limit the number of cases we accept at any given time to ensure that our clients’ cases receive the extra time and effort needed to achieve extraordinary results.

To us – everything matters.

CONTACT A TOP-RATED INSURANCE BAD FAITH ATTORNEY TODAY

If you or your business are in need of a top-rated insurance bad faith attorney, please call us today at (619) 564-8877. We will provide a free in-person consultation, listen to all of your questions and concerns, and will assist you or your business in developing a winning strategy. We look forward to earning your trust and the honor of being your attorneys. We also welcome case referrals and inquiries for co-counsel, local counsel, and consulting from other law firms in California and nationwide.

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