Desai Law, PLLC is a West Virginia bad faith insurance lawyer that holds the insurance companies accountable. Get legal help when you’re facing bad faith. Get the compensation you deserve. Call (304) 974-1974 to talk with attorney Chirag Desai about your case.
Table of Contents
- Bad Faith Insurance Lawyer in West Virginia
- Get Compensated for Insurance Company Bad Faith
- Insurance Companies Should Keep Their Promises
- What Is Insurance Bad Faith?
- Cases We Handle
- The Claim
- West Virginia Insurance Bad Faith
- The Compensation
- We Fight for Victims
- What to Do if You Suspect Bad Faith
- Taking New Claims – Contact Us
- Talk to a Bad Faith Insurance Lawyer Today
Bad Faith Insurance Lawyer in West Virginia
Chirag Desai is a bad faith lawyer representing clients in West Virginia. He represents the people who have insurance policies. When you have insurance, and the insurance company won’t pay, Desai Law can represent you. Our law firm helps people take action against insurance bad faith.
We can represent you as an individual, family, company or other organization. We don’t represent insurance companies, we represent you – the people who deserve justice when they’re treated unfairly by the insurance company. Contact (304) 974-1974 or message us to begin your case.
Get Compensated for Insurance Company Bad Faith
If the insurance company delays your claim or denies it for no reason, it can be frustrating. You don’t have to just accept it. You can get the compensation you deserve. You can get justice.
You can:
- Take legal action against the insurance company
- Get the compensation that the insurance company should have paid
- Receive additional damages if you have losses because of the bad faith
- Seek a payment for emotional suffering
- Have a lawyer represent you through the entire process
Insurance companies act in bad faith because they think they can get away with it. At Desai Law, it’s our mission to hold them accountable.
If you’ve been a victim, we want to help you. Call (304) 974-1974 to talk about your specific situation.
Insurance Companies Should Keep Their Promises
We believe:
- You deserve to have a valid insurance claim paid.
- Insurance companies should keep their promises.
- When the insurance company acts in bad faith, they should pay.
- Policy holders should have legal representation to fight the insurance companies.
The law gives victims a remedy when the insurance company doesn’t honor their obligations. Having a West Virginia bad faith insurance lawyer gives you a trained advocate to fight for you.
What Is Insurance Bad Faith?
Insurance bad faith is when an insurance company denies a claim in a way that is unreasonable or incorrect. The insurance company has a legal obligation to promptly pay a valid claim. When it’s clear a claim is covered, and the insurance company doesn’t pay, they act in bad faith.
Cases We Handle
Bad faith can occur in many types of insurance claims:
Wind
Thunderstorms, windstorms, tornadoes and other wind events can cause damage. A home or other primary building may suffer damage to the roof, siding and other components. Trees may fall, and secondary damage may occur. Landscaping and outbuildings may sustain harm.
Fire
Fire damage may result from cooking, storms, electrical problems or lightning. A policy may cover dwelling, structure and personal property damage.
Hail
Hail may damage the roof, siding and windows. West Virginia receives significant amounts of hail, resulting in damage claims.
Water
Water damage may come from a storm or a problem in the home like a burst pipe or plumbing failure. Our team can review your policy to determine coverage and your right to compensation.
Homeowners
A homeowner insurance policy may cover various perils including your home, belongings or injury to persons.
Automobile
Car insurance companies commit bad faith by delaying and denying claims under uninsured motorist and underinsured motorist policies.
The Claim
A claim for insurance bad faith is brought by the party that takes out the insurance policy. It alleges several things:
- There is an insurance policy. The person bringing the claim took out the insurance policy from the insurance company.
- A loss occurred. The person has a valid insurance claim.
- The insured person made a claim. Formally, they asked the insurer to pay on the policy.
- Despite the request, the insurance company didn’t pay. They didn’t comply with the contract.
- Losses occurred. Not receiving the payment is a loss in and of itself, but there may be additional losses, too.
A bad faith insurance claim is not a reasonable dispute about insurance coverage. It’s when payment should be made, and the insurance company refuses to pay it. Bad faith is just that – bad actions. The insurance company knows what they should do and doesn’t do it, or they don’t even bother to fairly investigate the situation.
West Virginia Insurance Bad Faith
Bad faith is a matter of contract and statutory law. Insurance bad faith claims fall under West Virginia Code § 33-11-4, unfair claims settlement practices. A claim may also be pursued under a common law breach of contract theory.
Examples of insurance bad faith are:
- Misrepresenting facts relating to coverage
- Unreasonable delays in responding to communications
- Refusing to pay without really investigating
- Not deciding within a reasonable period of time
- Failing to settle equitably when liability is clear
- The company not having standards for prompt investigations
- Forcing the insured to bring litigation to recover what the insurance company should have paid
- Trying to settle the claim for too little
- Paying without providing a statement of coverage, denying a claim without an explanation
- Routinely appealing arbitration awards to compel a lower settlement
- Requiring a preliminary report and subsequent formal proof of loss, when substantially the same
As you can see, there are many ways that an insurer can act in bad faith. The commonality is that the insurance company doesn’t do what they’re supposed to do in a reasonable period of time.
What is an example of a bad faith insurance claim?
You have an insurance claim. You complete your proof of loss paperwork and expect payment. However, the insurance company asks for more and more information, and then they stop returning your calls. They never pay the claim. This is an example of when an insurance company may have acted in bad faith.
Can an insurance company ever deny a claim without it being in bad faith?
Yes. If the damage doesn’t fall under the policy, a policy doesn’t exist or the losses fall under an exception, the insurance company can lawfully deny a claim. Bad faith occurs when the insurance company knows that they should pay or when they don’t timely investigate a claim.
Can I file a bad faith insurance claim without a lawyer?
Anyone can file a legal claim without a lawyer. However, there are many things to know and do to make a claim successful. The court can’t give you legal advice, and the insurance company has a team of lawyers working against you. Having a lawyer represent you may be critical to your success.
Why is there insurance bad faith?
Insurance bad faith exists because insurance companies have a lot of power. The typical consumer can’t easily take them to court to pay a claim, and they shouldn’t have to. Insurance companies just hope that people will give up and not pay. Bad faith laws incentivize the insurance companies to do the right thing without special legal action. It gives victims recourse when the insurance company chooses not to follow the law.
The Compensation
An insurance bad faith claim is a civil legal claim. It seeks money – financial compensation for the losses incurred by the victim.
Clients often want to know – How much will I get paid for an insurance bad faith claim? It’s a great question. The answer depends on your losses. Types of compensation you may seek are:
- Value of the policy – What should the insurance company have paid under the policy?
- Compensatory damages – Do you have additional financial losses?
- Personal harm – Have you suffered emotionally or physically because of bad faith?
- Punitive damages – Has the insurance company acted in an especially egregious manner?
- Attorney fees – (See Sally — Mike Properties v. Yokum, 365 S.E.2d 246 (W. Va. 1986)).
Compensation payable in each case is specific to that case. Your loss may be more or less than someone else’s loss – you deserve fair compensation for your personal situation as allowable under the law.
As your West Virginia bad faith insurance lawyer, we’ll diligently investigate your situation, evaluating your rights under the law. Then, we’ll pursue the full compensation appropriate for your claim.
We Fight for Victims
People choose Desai Law because we fight for victims. Our devotion to our clients is what drives our work each day. Here are some reasons people work with Desai Law:
- We handle claims throughout West Virginia. From our offices in Morgantown, we can represent you wherever you need us.
- Our law firm fights for people and insured parties. It’s our job to fight for the little guy against the big insurance companies.
- A graduate of West Virginia University College of Law, Chirag Desai, attorney at law, chose to make Morgantown his home. He is proud to serve the members of his community.
- We’re capable of handling your case. Chirag Desai is experienced in fighting for people like you. Having previously worked at a personal injury law firm, he founded Desai Law to be a voice for victims. When you’re up against the big insurance company, you have a trained and experienced litigator, fighting for you.
- AVVO Client’s Choice Award winner. Our clients report satisfaction working with our law firm.
- Super Lawyers Rising Stars (2020-2023). We’re proud of our success advocating for justice.
As your lawyer, we take up your cause. We are here to help people. If you believe we may help you, we invite you to contact us.
Accepting cases throughout West Virginia
From our offices in Morgantown, West Virginia, we accept bad faith insurance claims throughout the state. Most claims are filed in the local Circuit Courts rather than a Magistrate Court because the dollar amounts in question place the case within the jurisdiction of the Circuit Court. We accept cases in Monongalia County Court, and any of the 31 Circuit Courts in West Virginia’s 55 counties.
What to Do if You Suspect Bad Faith
If you believe insurance bad faith has occurred, do the following:
- Keep records of all communications with the insurance company. Make notes or keep a journal of interactions with their representatives.
- Look at your insurance contract. The terms of your insurance policy determine your payment.
- Read your paperwork carefully. Some insurance denials are easy to resolve with more information or by clearing up a misunderstanding. Make sure that isn’t the case.
- Beware of deadlines. You have a limited time to file a claim.
- File a complaint. You may file a complaint with the West Virginia Offices of the Insurance Commissioner. This shouldn’t replace bad faith legal action.
- Contact a lawyer. Don’t fight a big insurance company alone. We can handle the legal steps and interaction with the insurance company on your behalf.
The sooner you involve a lawyer in your situation, the better. Desai Law can investigate, build the evidence and pursue your legal rights. West Virginia bad faith insurance lawyer Chirag Desai takes care of everything needed to seek justice.
We resolve claims through trial and settlements. It’s our job to build the evidence to prove your claim. We file legal documents and use legal procedures to advance the case. We learn the facts of your situation and your personal goals so that we can advocate for your interests.
Taking New Claims – Contact Us
Desai Law is taking new West Virginia bad faith insurance claims now. If you need help getting a fair payment from an insurance company, and damages for their bad faith actions, we want to help. Qualified legal representation is what you deserve when you’re treated unfairly by the insurance company. You can have a lawyer that cares about your case and works for justice on your behalf.
Talk to a Bad Faith Insurance Lawyer Today
Start your case with a free consultation with West Virginia bad faith insurance claim lawyer Chirag Desai of Desai Law. When we represent you, you know your team personally. If you have questions about your situation, or if you are ready to begin, call us to discuss your case.
Talk to a bad faith insurance lawyer today. Call (304) 974-1974 or message us now.
Desai Law, PLLC
449 Fortress Blvd
Suite 2100
Morgantown, WV 26508
(304) 974-1974
