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Two Pershing Square
2300 Main Street, Suite 170
Kansas City, MO 64108
Insurance is a way to provide a safety net in case you suffer serious injuries, damage to your property or become involved in a lawsuit.
As a policy holder, the insurance company has a duty to:
With that comes an implied duty of good faith.
But what happens when there is a breach of this contract – a failing to uphold these duties by
An insurance company operates in bad faith when it fails to pay a legitimate first party claim by an insured. This means that your insurance company has refused to pay a claim – for instance, property damage or health insurance claim – without a reasonable basis or without investigating the claim in a timely manner.
In the state of Missouri, when insureds and insurers have a dispute about payment on a claim, Missouri statutes give you the right to bring lawsuits against insurance companies for bad faith, referred to as “vexatious refusal to pay.”
In Missouri, this cause of action is governed by Mo. Rev. Stat. 375.420 and Mo. Rev. Stat. 375.296.
As the insured, the burden of proof lies with you. Insurance law in Missouri can be complicated. Best advice is to discuss your situation with an attorney knowledgeable in insurance bad faith, however, check to see if you have these elements:
Insurance companies can face liability beyond the limits of the insurance policies they issue if they operate in bad faith.
When you want to obtain compensation for your personal injuries, you wlll need to prove who was at fault. Depending on your situation, this can get complicated. With the help of a personal injury lawyer the odds of a successful outcome increase.
Contact the capable counsel at Nash & Franciskato. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation case evaluation.
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