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claim, or if it does not provide a reason for the denial. Further, if you file
an action against someone and the insurance company does not make a
faithful attempt to settle the claim, they will be acting in bad faith and
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could be liable.
Therefore, if you file suit against another person for injuries you
sustained in an automobile accident and his or her insurance company
delays the payment, will not cover your expenses, or denies that they can
pay, then you may have an action against the insurance company for its
bad faith actions.
Potential Pitfall: If an insurance company has refused to satisfy
your claim or negotiate a settlement on your behalf, then you should
speak to an attorney whether the company may have acted in bad faith.
To file an action for bad faith, you must meet every technical
requirement under the law. Your attorney needs to be experienced with
this kind of suit and the high standards that must be proven in order to
succeed with this kind of action.
19 Cotton States Mut. Ins. Co. v. Brightman, 580 S.E.2d 519 (2003); S.
Gen. Ins. Co. v. Holt, 416 S.E.2d 274 (1992).
20 Great American Ins. Co. v. Exum, 181 S.E.2d 704 (1971).
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