Did Your Insurance Company Fail to Defend You?
One of the many reasons people have insurance is so they will have someone at their side when the unexpected happens. And the insurance company assures potential policyholders that they will be there, defending you, the policy holder, against unjust claims or when an accident happens on your property.
Failure to defend is another example of insurance bad faith. It is another unmet promise made to policyholders. At Girardi | Keese, our lawyers represent policyholders and remind insurance companies of their obligations.
Failure to defend the policyholder may be a breach of contract.
By failing to defend a policyholder, the insurance company wants to minimize its losses. That's understandable. But failure to defend can be a violation of contractual agreements in the insurance policy.
What is a failure to defend?
If there is a claim against a policyholder — a car accident, a dog bite, an accident in a place of business — the insurance company may decide to settle the claim rather than defend the policyholder against the claim. The insurance company chose the solution that worked in their best interests, not in the best interests of the policyholder.
By law, the insurance company has to place your interests equal to their interests. They cannot abandon you just because they would rather not incur the time or expense needed to safeguard your rights and property. By accepting your premium payment, an insurance company has agreed to protect your interests when someone presents a claim for injury or damage against you, That is the agreement they must honor when the policyholder needs a defense.
Our trial attorneys have in-depth experience with insurance coverage litigation. We have the experts and financial resources to investigate how insurance companies meet (or fail to meet) their contractual obligations. Girardi | Keese represent clients throughout California.
