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The Ins and Outs of North Carolina Bad Faith Insurance Claims

by Whitfield Bryson | Bad Faith Insurance | Share

Once you file a claim with your insurance company, your fate is in the insurer’s hands. Even if you fill out all the necessary forms, answer all questions, cooperate with inspectors and adjusters, you can’t make a carrier pay as quickly as you need the funds. You depend on the insurance company to pay for your losses as described in the policy. But, since insurance companies get paid the premiums first, when it comes to paying your claim, they aren’t really incentivized to give the money back.

Insurance companies do not always treat their customers fairly. Sometimes they engage in illegal sales and claims practices. If an insurance salesperson has misrepresented a policy to you, or if your insurer refuses to pay a legitimate claim, you may be in a position to assert a bad faith or unfair practices claim against your insurer.

Insurers are expected to deal fairly and in good faith with the insured. North Carolina has relatively few explicit claims handling requirements, but numerous North Carolina cases have held insurance contracts contain an inherent implied covenant of good faith and fair dealing, which restricts both the insured and insurer from behaving in a way that impairs the ability to receive benefits under the agreement. North Carolina General Statute Chapter 58 governs the actions of insurance companies in North Carolina. North Carolina courts have held any breach of a duty under Chapter 58 constitutes an unfair and deceptive trade practice.

North Carolina Insurance Lawyers

No matter where your insurer’s headquarters are located, the carrier must comply with North Carolina law when serving policyholders in the state. We regularly work with policyholders to handle any disputes that arise. The attorneys at Whitfield Bryson LLP have decades of experience handling bad faith claims against all kinds of insurers. Our lawyers successfully represent individuals, businesses, and insurers in disputes arising out of all types of insurance. Put our record of success to work for you. Contact us today if you suspect your insurance company has acted in bad faith in dealing with your legitimate claim.


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