Defendant's Attorney: Charleston, West Virginia insurance defense lawyer represented the Defendant.

Description: Charleston, West Virginia insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.

This case was filed in the Circuit Court of Kanawha County, West Virginia, 23-C-368, and was removed to federal court by the Defendant.

The elements that make up bad faith insurance lawsuits. Typically, a plaintiff
must possess these elements to have grounds to file a claim. The elements of a bad faith claim vary state to state. Under common law, a policyholder generally has to prove three main elements for a successful lawsuit:

First, Plaintiff must establish that the insurance claim was valid and complied with the terms of the contract. Plaintiff will need documentation of your original claim and the insurance company’s response/denial letter.

The insurance company unreasonably withheld benefits. Second, Plaintiff must show that the insurer was unreasonable in its treatment of the claim. What is “unreasonable” will depend on what a reasonable and prudent company or agent would have done in similar conditions.

Plaintiff must suffered damages because of the insurer’s actions. Plaintiff must have sustained some type of damage to sue, such as withheld benefits or emotional distress. If the defendant’s actions didn’t cause Plaintiff any harm, Plaintiff has nothing on which to stake a claim.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

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Defendant's Experts:

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