What Is Bad Faith In Regards To The Actions Of An Insurance Company?

Ray Hrdlicka – Host – Attorneys.Media

“Since you raised bad faith, let’s explore that a little bit. That is a phrase that the general public reads about in the newspaper. And realistically, most of the general public has a bad attitude towards insurance companies, even though it’s a necessary evil. So, when they hear somebody being accused of bad faith, it’s almost like I’m going to stand up and clap. What is, other than this particular situation, how do you prove the bad faith?”

Spencer Freeman – Fire-Loss Attorney – Pierce County, WA

“It’s important to understand that bad faith doesn’t necessarily require bad intent by the insurance company, or malice of forethought by the insurance company. Although, those situations would certainly be bad faith. Bad faith, here in Washington, can exist when their position is unreasonable. Even if maybe they’re good people and well-intended…the insurance adjusters. If their position’s unreasonable, then they’re committing bad faith. Or their position is untenable, then they’re committing bad faith. They’ve got a duty to treat their policyholders…let me phrase it this way. They’ve got a fiduciary duty to treat the financial interests of their policyholders equal to their own financial interests.

An insurance company can’t put their financial interests ahead of their policyholders. If you think about it, you’ve been paying money, monthly, to your insurance company. For them to provide you coverage in case something bad happens. For years. So, when something bad happens, you sure as well, want them to be there and have your back. From my perspective, if they don’t have your back, if they’re looking at nickel and diming…this couch wasn’t worth that, and you didn’t own this, and we think maybe you did something wrong here and failed to mitigate your damages, or were you involved in the fire, and they’re wrong in those scenarios, then they should be held accountable. I think those are bad faith actions.”

YOUR PERSONAL INJURY IS OUR PERSONAL BUSINESS

Freeman Law Firm, Inc. is one of the most reputable and reliable attorney enterprises with two locations in Tacoma and Olympia, WA. When an injury happens, one is often so overcome with shock and pain that thinking about the legal course and taking the next steps may feel like an overwhelming task. This is where our team of experts comes in. We’re here to safely guide you through the seemingly puzzling maze of who’s, what’s, where’s and when’s of the legal recourse. Our skilled lawyers, each of whom is equipped with top qualifications and years of experience in the field, will represent your case and stand by your side for what is right.

Life is all about the unexpected – and the unexpected can come as pleasant surprises or non-so- pleasant accidents. We’re here to help you out when life takes a turn for the worst, to get you back on your feet again.

After practicing with a downtown Seattle firm, Spencer Freeman opened the Freeman Law Firm, Inc. in Tacoma, WA in 2005 after the birth of his first son. Over the course of time, the Freeman Law Firm, Inc. has adhered to the needs of its community, both locally and with contacts nationally. These needs have included litigation in several different areas, including Business Litigation, Copyright Infringement Litigation, Personal Injury and Medical Malpractice, First Party Bad Faith Litigation, Criminal Law, as well as Administrative Law. Mr. Freeman’s intent was and is to make those skills he has learned in his career and his passion for trials accessible.

Mr. Freeman’s connections locally and nationally nourished his practice over time. He has served the local community as well as handling cases in federal courts across the country. Locally, Mr. Freeman has assisted local businesses in such matters as contentious shareholder disputes and individuals in matters ranging from catastrophic injuries to class A felonies as well as lawsuits against insurance companies for bad faith claims practices. He tried a Whatcom County Superior Court case for a bail bond company that resulted in the first appellate law in Washington truly outlining the rights of fugitive recovery agents. He has tried cases in many counties throughout the State of Washington, argued before the Court of Appeals Division I and Division II and the Washington State Supreme Court.

Mr. Freeman’s practice has taken him beyond Washington State, where he has handled cases for national Internet multi-media companies enforcing copyrights in states such as Florida, Nevada, Arizona, and California. In those cases, he has successfully argued for jurisdiction in the United States against individuals that reside in other countries. Mr. Freeman also represented a publisher against sheriffs regarding First Amendment Rights to distribute a magazine in county jails, resulting in arguments before the Ninth Circuit Court of Appeals and the first case law of its kind. He has argued before the Ninth Circuit Court of Appeals five times and submitted a briefing to the United States Supreme Court.

On more than several occasions, Mr. Freeman has been retained by parties on the near eve of a trial solely for purpose of being lead trial counsel. One such successful case was against the U.S. Department of Justice in their first trial attempting to enforce the CAN-SPAM Act for the actions of independent contractors.

Mr. Freeman’s passion and strength lay in front of a jury. He finds a beautiful balance between fact witnesses, statutes, case law, rules of evidence, and the different contexts of each jury. Most cases find a resolution before trial, but the best resolution occurs when counsel is prepared to try the case. And, when a case cannot find resolution, Mr. Freeman loves to go to work.