Bad Faith

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Hans G. Poppe
Hans G. Poppe

Practice Area

Unfair Insurance Practices

Helping Kentucky residents in fighting unfair insurance practices.

If you pay for insurance (automobile, health or any other kind of insurance), then you should expect professionalism, coverage, and timely claim handling with no unexplained claim denial. Any service you pay for should be that way – you get the service for the money you pay (in theory this is how it should be). But what if your insurance claim has been denied for no apparent reason? We serve Kentucky and its residents in these situations.

What is bad faith litigation? Bad faith litigation occurs when an insured person suspects that the insurer has acted in “bad faith.” The term “bad faith” means that the insurer has delayed claim processing for no apparent reason or has breached the contract and failed to reimburse the claim all together. It is believed that insurers are trying to avoid paying the claim, hoping to retain the money. In other words they try to make processing such a hassle for you that you practically give up your idea of getting the money you deserve. Some people fall for this trick and settle the case for less than it is worth; however, others will pursue the terms of the contract with its insurer to get the reimbursement, often times with the legal help of an attorney. In most cases such cases are settled prior to trial.

We will try the following insurance claim denials and delays:

All of these types of claims have better outcomes when held by professional attorneys. Hans will personally ensure that your case gets the proper attention. Be sure that we will serve you with professionalism and courtesy.

However, one must realize that not every claim denial is bad faith insurance litigation. There are many insurance companies on the market that play fair and they will deny your claim only in outstanding situations. But if you believe that your insurer is no longer following the terms and conditions specified in the contract, it is in your best interest to pursue bad faith insurance litigation and contact Mr. Poppe to discuss your options and get compensation insurer.

Why should you contact us? It is best to contact an attorney that has prior experience in handling such complex cases. Hans has valuable knowledge and experience in this area of law. Your compensation can include monetary compensation that equals what your claim is worth, plus accrued interest, and any other expenses that may have resulted from the denial of or delay of your claim. Sometimes a customer may be also be eligible for mental suffering compensation.


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Most common questions in my FAQ

  1. What is "Bad Faith?"
  2. What is the difference between first and third party bad faith?
  1. In most states, including Kentucky, insurance companies are required to deal with insureds, and others entitled to insurance proceeds, fairly. When insurance companies refuse to settle claims they are obligated to pay, they are acting in "Bad Faith." Kentucky has two types of bad faith law. One is statutory (written by the legislature)and the other is common law (made and interpreted by judges). Depending on they type of claim you have, one or both may apply. If you think an insurance company has treated you unfairly, give us a call to see if you may have a "bad faith" claim.

  2. Not every state recognizes bad faith. Kentucky is one that does. First party bad faith is when an individual makes a claim against his own insurance company and they refuse to pay or offer less than the claim is obviously worth. An example would be if a person had to make a claim against their own underinsured motorists policy (see the FAQ on underinsured coverage for more information)

    There really is no such thing as "third party bad faith" in Kentucky. If a person has been unfairly dealt with by someone else's insurance company (for example the insurance company of the person who injured you in a car wreck), the you can bring a claim under Kentucky's Unfair Claims Settlement Practices Act. KRS 304.12-230. To bring this type of claim, you have to prove the insurance company violated one of the fifteen sections of the statute.

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