Practicing Good Faith
Frequently, an insurance company won’t deal with the facts that are presented. They’ll pretend that the facts don’t exist or don’t apply to them. Some of this is posturing, but taken to an extreme it can show bad faith on the part of the insurance carrier.
In dealing with a difficult insurance company it’s important to document what has been done and what the phone conversations are. Some of my friends call this setting the insurance company up for a baf faith claim.
I prefer to give the insurance companies an opportunity to practice good faith. I prefer to document what the situation is and believe that the insurance company will do the right thing. A lot of times they do. Sometimes they don’t. But I find it better to think in terms of giving the insurance companies the opportunity to practice good faith.
If the company will still not do the right thing, then you can still file a bad faith action and everything will be documented, but I try not to assume that the insurance company will not do the right thing if the correct facts are shown to them.
