Des Moines Bad Faith Insurance Attorneys

When you pay your insurance premiums or rely on workers’ compensation, you expect to be taken care of. But sometimes, massive insurance corporations try to cheat you out of what you deserve. At Spaulding & Shaull, PLC, what we do best, and what our firm is truly centered around, is advocating for people who have suffered from an injury or been taken advantage of.

Each attorney at our firm is a proud graduate of Drake Law School and a knowledgeable member of the Des Moines community. We call you back in 24 hours, and there’s nothing we enjoy more than holding an irresponsible insurance company accountable for denying your valid insurance claim.

What Is Bad Faith Insurance?

In Iowa, to establish a first-party bad faith claim, an insured must prove that the insurer had no reasonable basis for denying or delaying benefits, and that the insurer knew or recklessly disregarded that it lacked a reasonable basis. At this point, it is no longer a simple contract dispute – the insurance company has intentionally wronged you. Examples of insurance bad faith behavior include:

• Denying valid claims such as issuing an unreasonable denial, making a flat-out bad faith denial or aggressively fighting a previously denied claim without cause.
• Delaying treatment by purposely dragging their feet, causing delayed benefits, or withholding vital medical authorizations for months.
• Cutting off benefits unfairly, such as stopping your weekly checks while your doctor says you are still unable to work.

When an adjuster commits a flagrant breach of duty, they are not just trying to save a few dollars; they are playing with your livelihood. The best tool that you can use to protect yourself from this wanton and willful misconduct is filing a bad faith claim.

Bad Faith Insurance FAQs

We have answered some of the most common questions our clients ask about bad faith insurance claims in Iowa.

What’s bad faith insurance in Iowa?

Bad faith insurance in Iowa is a specific legal claim that you can make in a situation where an insurance company has denied, delayed or canceled your benefits, or failed to defend or settle in good faith.

How do I know if my insurance company is acting in bad faith?

If your insurer is not returning your calls, declining to fully examine the injury, or denying you payment, take note. However, if the health data clearly proves the injury or your benefits are revoked while you have not yet recuperated, the claims handler may be acting in bad faith.

What are punitive damages, and can I get them?

Under Iowa Code § 668A.1, punitive damages cannot be awarded for mere carelessness. A plaintiff must prove by clear and convincing evidence that the insurer acted with willful and wanton disregard for the insured’s rights.

What if my workers’ compensation benefits were cut off unfairly?

Do not accept it as the final answer. Insurers sometimes attempt to reduce or terminate weekly benefits to save costs, even if you are unable to return to your job. Let us fight the insurer and possibly pursue legal action on your behalf.

Schedule An Initial, Free Consultation

You are not alone, and there is no need to be taken advantage of by an insurance company that may want to intimidate or threaten you. Let the local Drake Law School graduates at Spaulding & Shaull, PLC, take on the fight for you. Call us at 515-620-3355 or use the online form.