Submitting an insurance claim due to a car accident, personal injury, or property damage can be overwhelming, especially when facing a denial. Unfortunately, insurance companies in South Dakota do not always approve valid claims. In fact, it is not unusual for insurers to deny payment, often leaving policyholders feeling overwhelmed and uncertain about what to…
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….
Taking on the intricate world of insurance claims can feel overwhelming, especially when facing the possibility of bad faith practices by insurers. That is why it’s so important for individuals in South Dakota to know what a bad faith claim really means and how to effectively prove it. This understanding can not only help protect…
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…
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…
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…
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…
