Professional insurance counseling

Statute of Limitations for Filing Bad Faith Insurance Claims in South Dakota

When you purchase an insurance policy, you expect your provider to handle claims fairly. Unfortunately, insurance companies sometimes act in bad faith by wrongfully denying claims, failing to properly investigate a claim, or delaying payments. If you believe your insurer has mistreated you, you may have legal grounds to file a bad faith insurance claim….

How to Avoid Common Mistakes When Filing Insurance Claims in South Dakota

How to Avoid Common Mistakes When Filing Insurance Claims in South Dakota

Submitting an insurance claim can be challenging and sometimes intimidating. It demands careful attention to detail and strict compliance with the guidelines established by the insurance provider. Mistakes during this process can lead to several consequences, including considerable delays, outright rejections, or compensation that may fall short of your rightful expectations. These challenges can be…

What You Need to Know About South Dakota’s Bad Faith Insurance Claims

What You Need to Know About South Dakota’s Bad Faith Insurance Claims

If you believe that the insurance company is deliberately denying your legitimate claim, neglecting to conduct a thorough and fair investigation, or unjustly restricting your payout for their own financial advantage, it is important to understand your rights and the steps you can take to address these serious issues. In the guide below, we will…

Building blocks with insurance images

Can I Sue My Insurance for Denying My Claim in South Dakota?

It is not unusual for insurance companies to deny claims even when policyholders fulfill their contractual obligations. Unfortunately, some of these companies employ misleading tactics to reject legitimate claims. This unethical behavior is referred to as “insurance bad faith.” Even well-known insurance providers with substantial resources have been known to systematically deny claims or create…

How To Appeal a Denied Insurance Claim in South Dakota

How To Appeal a Denied Insurance Claim in South Dakota

Even those who take careful steps to avoid issues with insurance payments may still encounter the unexpected challenge of a claim denial. However, managing denied insurance claims can be incredibly frustrating, often leading to confusion and delays. The process may also be lengthy and cumbersome, posing significant challenges. Nevertheless, there are practical strategies individuals can…

attorney and client

Scope of Attorney-client Privilege: Overcoming Insurer Objections

Elements of Privilege In order for attorney-client privilege to apply, these elements must be met: (1.) a client; (2.) a confidential communication; (3.) a communication made for purpose of facilitating rendition of professional legal services to the client; and (4.) a communication made in one of the five relationships enumerated in S.D.C.L. § 19-13-3. State v….

payment

Unreasonable Delay in Claim Payment: Eventual Payment Does Not Release Insurer From Bad Faith Liability

In South Dakota, the eventual payment of a plaintiff’s insurance claim does not extinguish the wholly separate tort claim of bad faith. The South Dakota Supreme Court specifically embraced this principle in Champion v. U.S.F.& G. when it concluded: . . .an insurer’s violation of its duty of good faith and fair dealing constitutes a tort,…