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For the filing fee of approximately $250, anyone can file a bad faith lawsuit. Just saying an insurance company acted in bad faith is not proof. Words are easy to say. Some people jump to the conclusion that there is bad faith when there isn’t any. There is a significant difference in filing papers at the courthouse and actually winning a trial. Filing a bad faith lawsuit means writing words on a legal document. Proving bad faith in a trial means providing evidence to the court of the bad faith.

In order to prove bad faith there must be admissible evidence.

Not all evidence is admissible. For example, courts generally do not allow hearsay evidence.  As another example, evidence that is not relevant is excluded from trial. Judges look at the information you want to give the jury, then make legal decisions about the admissibility.

To prove bad faith, the person who sued typically must have evidence to show:

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Bad faith is when the insurance company wrongfully refuses to pay a valid insurance claim. It is not a simple mistake during the claim. It is not a genuine dispute over the coverage or damages.

Bad faith isn’t present just because the claimant wants more money.

The courts in Oklahoma (and courts in other states) have identified misconduct that is bad faith. Although not a complete list, actions declared to be bad faith include:

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Oklahoma bad faith law protects the public from unscrupulous claim practices. The courts apply the common law precepts of good faith and fair dealing in order to fashion remedies. The laws balance the unequal bargaining position of the parties.

An insurance company has the greater financial resources and usually a lot more sophistication in claims. To the contrary, the insured policyholder may be in a poor financial position at the time of a loss. Due to the imbalance, the courts require the insurer to act in good faith in paying claims.

The public extends to homeowners, businesses, families, and even other insurers. Generally, Oklahoma bad faith laws are in place to make sure insurance claims are promptly paid. If an insurance company acts in bad faith, then damages can be awarded.

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Oklahoma bad faith is NOT:

* action by the underwriting department while underwriting a policy

* the activity of an insurance agent in selling the coverage

* the action of an

In Oklahoma, an insurance company has a legal duty to fairly pay claims. This duty is technically to act in good faith and with fair dealing. An insurance company that refuses to fairly pay claims can be sued for bad faith for not complying with the law. The insured policyholder can claim emotional distress, financial losses, etc., caused by the bad faith.

It is good to keep in mind that the term bad faith is a short hand version of the duty of good faith and fair dealing. However, most adjusters and insurers use “bad faith” to describe this type of litigation. In everyday communication, saying breach of the implied duty of good faith and fair dealing is a mouthful. Bad faith is a whole lot shorter and easier to say.

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The losses caused by the recent fire are tragic. The number of families affected by the loss of loved ones continues to grow. Countless people have lost friends, co-workers, and been impacted by the lives claimed. The loss of human life carries grief and brings an emotional pain that is impossible to articulate. The fire