West Virginia Personal Injury Attorney To-do's Insurance bad faith happens when the insurance company fails to honor its obligation towards its policy holder. Insurance bad faith leads to the policy holder receiving insufficient claim which the law deems unlawful. In another scenario, insurance bad faith happens when the company deliberately manipulates the process for its own acquire. For instance, if the company delays the investigation or assessed the damage with fraud, the law considers such acts as insurance bad faith. As such, consumers are always warned to conduct investigations themselves before purchasing a policy.
It is quite hard to tell if the insurance company is performing its duties as required by the law.
There are times when the company falls short in estimating the damages but one can?t label this action as malicious.
Like the example stated above, poor investigation would usually lead to under valuation but this does not mean that the company is attempting to dupe the policy holder. For fraudulent actions, it usually involves malice because some companies attempt to flee from their obligation when one of their policy holders had an accident. This must be proven in court and if the jury concludes that the company is acting fraudulently, it can pay the policy holder the amount of the policy plus damages. Here are additional scenarios that would make the action appear in bad faith.
1.It is considered bad faith if the company declines a claim because the cost of damage is steep.
2. Immediate termination of the policy is also considered bad faith even if the claim is within the provision or contract.
3. Using inaccurate or wrongful information of a factual or legal nature to diminish, deny or delay payment of a claim.
4. It is also considered bad faith if the investigation is partial when the law states that it should be free from prejudice.
5. Blaming the policy holder so the insurer can avoid paying the right amount is also considered unlawful.
6. Settling the claim but the process was manipulated without notice or knowledge of the insured is also considered wrong.
An insurance company is expected to act in good faith whenever settling its obligation to its policy holders. The law protects the well-being of insurance policy holders and any omission from the other party will be held liable. Which is why both parties must act in good faith in order to create a harmonious relationship so the insurance industry will continue to flourish. West Virginia Personal Injury Attorney
False arrest happens on the real world and not just in fictional TV series or movies. Nobody knows why this type of arrest happens but it may be due to the system employed by the state. The system without a doubt will not be excellent, and many times arresting officers are confused on how to employ the foundations. This article will discuss later on scenarios which involve wrongful arrests so readers like you would know what to do.
One of the most common scenarios where people are arrested wrongfully is when the arrest has no legal basis. In some instances it is considered wrongful for authorities including the police to detain you while not a warrant. An arrest warrant is definitely a writ issued by a state choose once it sees a probable cause which writ is handed into the arresting officer which they might present with the particular person in problem. For instance, if there is a murder and the judge believes that you have been involved in some way, he or she can issue a warrant so you can be invited, questioned, or detained in order to speed up the investigation. However, if there is no warrant, the arrest should be questioned because it is deemed unlawful. However, certain cases does not require warrant such as if the crime is currently happening or if the officer has reason to believe that you are endangering yourself and the people around you.
In addition, you can also resist arrest if you have reason to believe that you are being seized wrongfully. If the arresting officers are inviting you for questioning nonetheless they don?t have warrant for it, you may genuinely refuse the arrest. It is even wrongful to apprehend you unjustly or if the officers fail to read your rights which you can raise later in court. The officers are all informed by such occurrences that they are careful in arresting people too.
All in all, an arrest should be performed in a correct manner as mandated by the regulation or else the arrest is considered unlawful.