Defendant's Attorney: Megan R. Merritt

Description: Des Moines, Iowa insurance law lawyer represented the Plaintiff who sued the Defendant on a bad faith breach of insurance contract theory claiming $84,000 in damages as a direct result.

"Elements of a Bad Faith Breach of Insurance Contract Claim in Iowa

To succeed in a bad faith breach of insurance contract claim in Iowa, a plaintiff must prove the following elements:

Contract: The plaintiff must have been an insured under an insurance contract with the defendant insurer.

Breach of the duty of good faith: The insurer must have breached its duty of good faith to the insured. This means that the insurer must have acted unreasonably or in bad faith in handling the insured's claim.

Damages: The insured must have suffered damages as a result of the insurer's breach. This means that the insured must have incurred out-of-pocket expenses, lost income, or other losses as a result of the insurer's actions.

Examples of Bad Faith Breach of Insurance Contract in Iowa

There are many different ways in which an insurer can breach its duty of good faith to its insured. Some common examples include:

Denying a valid claim: Denying a valid claim without a reasonable explanation is a common example of bad faith.

Failing to investigate a claim: Failing to investigate a claim adequately can also be considered bad faith.

Delaying payment of a claim: Delaying payment of a valid claim can cause the insured to incur financial hardship, and may be considered bad faith.

Offering a settlement that is unreasonably low: Offering a settlement that is unreasonably low can also be considered bad faith.

Damages in Bad Faith Breach of Insurance Contract Claims

In Iowa, plaintiffs in bad faith breach of insurance contract claims can recover a variety of damages, including:

Economic damages: Economic damages are damages that can be easily calculated, such as out-of-pocket expenses and lost income.

Non-economic damages: Non-economic damages are damages that are more difficult to quantify, such as pain and suffering and emotional distress.

Punitive damages: Punitive damages are damages that are designed to punish the insurer for its bad faith conduct.

Statute of Limitations for Bad Faith Breach of Insurance Contract Claims in Iowa

The statute of limitations for bad faith breach of insurance contract claims in Iowa is generally two years from the date of the breach. However, there are some exceptions to this rule. For example, if the plaintiff was a minor at the time of the breach, the statute of limitations may be tolled until the plaintiff reaches the age of majority.

Consulting with an Attorney

If you believe that your insurance company has acted in bad faith in handling your claim, it is important to consult with an experienced bad faith insurance lawyer as soon as possible. An attorney can assess your case, advise you of your legal options, and help you file a bad faith breach of insurance contract claim."

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

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Defendant's Experts:

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