Kansas City Bad Faith Insurance Lawyer
Has your insurance company wrongfully denied or refused to pay your claim in Kansas City, Missouri? Cohen Law Firm can help when you call (816) 323-0955. We offer a free consultation with a Kansas City bad faith insurance lawyer who can review your situation and explain your options for pursuing relief.
Insurers sometimes have legitimate reasons for denying claims, but other disputes involve refusing payment without reasonable cause. Missouri law provides remedies for certain improper insurance practices, including contractual claims, statutory claims for refusal to pay, and bad faith claims involving a failure to settle in good faith.
Why Choose Cohen Law Firm for Your Bad Faith Insurance Case in Kansas City?
Insurance disputes can be intimidating. The insurance company has adjusters, lawyers, claims manuals, investigators, and years of experience interpreting its own policies. An individual policyholder may be confronting a major insurance dispute for the first time. Cohen Law Firm can investigate the insurer’s actions and determine what legal options may be available.
Clients in Kansas City, MO, will benefit from our firm’s:
- More than seven years of experience. Zach Cohen has spent his legal career handling significant civil disputes.
- Tens of millions recovered. Attorney Cohen has won tens of millions of dollars in compensation for deserving clients.
- Detailed case preparation. Insurance cases can turn on policy language, correspondence, claim records, settlement opportunities, and the insurer’s reasons for its decisions.
- Litigation experience. When an insurer will not resolve a legitimate dispute, litigation may become necessary.
- Individual attention. The appropriate strategy depends on the policy, type of insurance, underlying claim, and insurer’s conduct.
An unfavorable decision from an insurer is not necessarily the final word. A lawyer can review the policy and determine whether the company’s position is supported by Missouri law. Reach out today to schedule a free consultation with a Kansas City personal injury attorney.
What Is My Bad Faith Insurance Case Worth in Missouri?
There is no standard value for an insurance dispute. Depending on the claim, Missouri law may allow recovery of the amount owed under the policy, interest, statutory damages, and attorney’s fees. In third-party bad-faith failure-to-settle cases, damages are not necessarily limited to the policy’s liability limit.
Factors affecting a case may include:
- The language and limits of the policy
- Amount of the covered loss
- The insurer’s stated reason for denying payment
- Evidence available when the insurer made its decision
- Whether there was a legitimate coverage dispute
- Opportunities to resolve an underlying liability claim
- Financial losses caused by the insurer’s conduct
- Whether statutory penalties or attorneys’ fees are available
A Kansas City personal injury lawyer can examine the insurance policy and claim history before estimating the potential value of the case.
What Kinds of Damages Are Available in a Kansas City Bad Faith Insurance Case?
The compensation available in a bad faith case will depend on the legal claim being pursued. Missouri does not treat every disagreement with an insurance company as the same type of “bad faith” case.
Policy Benefits and Contractual Losses
If an insurer improperly refuses to pay benefits owed under a policy, the insured may have a claim to recover the benefits due under the insurance contract. The specific damages will depend on the policy and the nature of the breach.
In Missouri, when an insured’s dispute concerns the insurer’s refusal to pay the insured a first-party benefit, the remedy is usually based on the contract. These damages may be supplemented by statutory damages in some cases.
Payment Refusal Damages
When an insurer refuses to pay a covered loss without reasonable cause, Missouri may allow additional remedies. Under the law, additional damages may include up to 20% of the first $1,500 of the loss and 10% of the loss exceeding $1,500.
However, losing a coverage dispute does not automatically make an insurer’s refusal improper. Some cases involve bona fide disputes concerning coverage or liability. Consult with an attorney to determine whether an insurer’s refusal to pay a claim has been conducted in bad faith.
Bad Faith Failure-To-Settle Damages
A different analysis applies when an insurance company controls the defense or settlement of a liability claim against its insured.
Missouri recognizes a duty to act in good faith in settling third-party claims against its own insured. In Missouri, this duty arises from the insurer’s control over the settlement process. Bad faith failure-to-settle is a tort.
Damages in these cases depend on the harm caused by the insurer’s breach.
How Much Does It Cost To Hire a Bad Faith Lawyer in Kansas City?
Some cases may be accepted on a contingency fee basis. Under this arrangement, attorney fees are generally calculated as a percentage of the recovery rather than traditional hourly billing.
This means:
- No hourly attorney fees
- No large attorney retainer
- Attorney fees are tied to financial recovery
Always review the specific agreement carefully before hiring an attorney.
How Long Do I Have To File My Bad Faith Case in Missouri?
The applicable statute of limitations depends on the cause of action, policy, and facts. Don’t assume every Missouri insurance dispute has the same deadline. Insurance disputes can involve contract, statutory, or tort theories. It is risky to calculate the deadline without analyzing the specific claim.
Contact a Kansas City Bad Faith Insurance Lawyer Today
You paid for insurance protection in Kansas City, MO. When a legitimate claim arises, you should be able to expect the insurer to fulfill its obligations. When that doesn’t happen, legal action may be necessary.
If your insurer is unfairly delaying or denying a legitimate claim, don’t hesitate to get help. Contact Cohen Law Firm for a free consultation with a Kansas City bad faith insurance attorney.