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…
If your insurance claim is denied, you may be able to pursue legal action, especially if the insurer acts in bad faith. More importantly, you do not have to take on this complex claim process alone. In the guide below, we will review not only the steps to take when your insurance provider rejects your…
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…
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…
When insurance companies wrongfully deny claims, they fail to honor their end of the bargain. However, a denial should not stop you from obtaining the financial support you need. In the guide below, we will review your options if your insurance claim is denied in South Dakota and how an experienced insurance attorney can help…
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….
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,…
In the guise of “medical cost containment,” insurers have established goals to deny or minimize medical claims. These goals are implemented through medical claim review procedures that are performed either by medical providers, insurance company personnel or third-party vendors. Often, the insurer will order an independent medical examination (IME) that is conducted by a medical…
In South Dakota, an insurance company acts in bad faith when it fails to give equal consideration to the interests of its insured. It is also a basic principle of insurance bad faith law is that an “insured’s interests must be given ‘equal consideration’ with those of the insurer, or as it is often expressed…
There are two different types of evidence in bad faith claims. The first type involves only the actions of the claims personnel and seeks to show that their actions were outrageous and caused damage to the plaintiff. The second type of evidence is called “institutional bad faith.” “Institutional bad faith” is a corporate philosophy, implemented…
