Insurance Company Bad Faith Claims
One tactic insurance companies use to circumvent bad faith liability is claiming that they reasonably relied on their experts’ reports to deny a claim. Texas law on bad faith states that an insurer breaches its duty of good faith when: (1) denies or delays payment of a claim for which liability is reasonably clear, and (2) the insurer knew or should have known that liability was reasonably clear. For that reason, you need a team like Elite Roofing Solutions, because insurance companies often claim that because their retained experts decided that there was no valid insurance claim, liability was not reasonably clear and they should not be found liable for bad faith. Courts typically side with the facts of a case which require courts to doubt this argument, just as the Texas Supreme Court did in State Farm Lloyds vs. Nicolau , 951 S.W.2d 444 (Tex. 1997). What happened was a homeowner filed a lawsuit against its insurer for foundation and other structural damage that resulted f...