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Claims Against Your Insurance Company

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Sometimes insurance companies deny and refuse to pay valid claims. When a claim is wrongfully denied, you may need a lawyer to help pursue a claim against your insurance company.

An insurance company's responsibility to pay for a claim is controlled by the terms of the insurance policy. The insurance policy is a contract between the insurance company and the policyholder (e.g., the insured person or the insured company). An insurance company breaches the contract when it refuses to pay a claim that should be covered under the policy. You may be able to sue your insurance company for breach of contract when your claim has been wrongfully denied.

You may also be able to sue your insurance company for bad faith.

Insurance companies have a duty to act in good faith when handling your claim and deciding whether to pay the claim. In Tennessee, an insurance company can be held liable for bad faith where (1) a claim is due and payable under the terms of the insurance policy; (2) a demand for payment of the claim has been made; and (3) the insurance company has refused to pay the claim in bad faith.

In most cases, the Tennessee Bad Faith statute, Tenn. Code Ann. § 56-7-105, requires an insured to wait 60 days after making a demand for payment of the claim before filing a lawsuit. The statute also provides for a penalty of up to 25% of the claim amount in certain circumstances.

Contact us today if your insurance company has not fairly, properly, and promptly settled your valid claim. You may need a lawyer to file a breach of contract or bad faith lawsuit on your behalf. Your insurance company may owe you for more than just the coverage it originally agreed to in the policy if it has wrongfully denied your claim.

We help individuals and businesses pursue claims that have been wrongfully denied by an insurance company. We provide free case evaluations and consultations.

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