After faithfully paying your insurance premiums on time for years, you might find yourself frustrated when it's time to file a claim. Perhaps the insurer has unjustly denied your claim or has been dragging the case on for far too long. If the insurance company has violated the law, you may have a bad faith insurance case. To help you decide if you have a case, The Law Office of Gregory S. Young, a firm of experienced personal injury attorneys in Cincinnati, OH, offers the following introduction to this topic. 

What Is Insurance Bad Faith?

In general, the law requires insurance companies to deal with their clients fairly when handling with a claim. "Bad faith" constitutes a violation of the law and opens insurers up to a lawsuit for redress and damages. However, the law varies from state to state on what precisely constitutes bad faith, so the validity of your case might depend on whether you live in Ohio, Kentucky, or Indiana and the business residence of the insurer. However, some general guidelines will be useful to help you decide if you're a victim of bad faith.

What Constitutes Bad Faith?

First, you have to be able to show insurance benefits that were due to you were withheld. In other words, you have to show you were owed an amount and document that it was not paid. This might mean that you received nothing or that the payout amount was less than you were due. For instance, if you've suffered a personal injury covered by your policy yet the insurer refused payment to your physician, you can show that such benefits were withheld. Some jurisdictions also require that you submit a "final demand" before bringing suit.

Second, you must show that the withholding was unreasonable. You can accomplish this by proving a number of factors. Although the presence of any one factor is typically not conclusive, each adds weight to your argument. Such factors include the following: The insurer failed to act promptly after receiving the claim or failed to settle the matter within a reasonable time; the insurer failed to provide a reasonable explanation for the denial or used unreasonable standards; or, lastly, the insurer misrepresented the facts of the case or provisions of the policy.

The information above should help you understand if you have a bad faith insurance case. If you think you might, contact The Law Office of Gregory S. Young, a firm of experienced medical malpractice and personal injury attorneys serving the Tri-state area since 1958. For your convenience, they maintain nine offices throughout the region and staff them during evenings and weekends to accommodate your schedule. Call (513) 721-1077 to discuss your case or visit their website for location details.