Bad Faith Insurance

Bad Faith Insurance Practices in Arizona: Holding Insurers Accountable

You pay your insurance premiums faithfully, expecting your insurer to uphold their end of the bargain when you need to file a claim.

Unfortunately, some insurance companies prioritize their profits over their policyholders’ legitimate needs, engaging in “bad faith” practices. If you believe your Arizona insurer is not handling your claim honestly and fairly, this link can help you understand your rights and explore your legal options.

What is Insurance Bad Faith in Arizona?

Insurance companies in Arizona have a legal duty to act in good faith and deal fairly with their policyholders. This means they must:

  • Investigate claims thoroughly and promptly.
  • Objectively evaluate a claim.
  • Pay legitimate claims in a timely manner.
  • Provide a reasonable explanation for any claim denial or offer of a reduced settlement.

 

Bad faith occurs when an insurer unreasonably and without proper cause denies, delays, or underpays a claim, or otherwise fails to fulfill its obligations under the insurance policy and Arizona law.

 

Examples of Bad Faith Insurance Practices in Arizona
  • Denying a claim without a reasonable investigation or legitimate reason.
  • Unreasonably delaying the investigation or payment of a claim.
  • Failing to accept or deny a claim within a reasonable timeframe (Arizona law generally requires insurers to accept or deny a claim within 15 working days after receipt, and to conduct investigations within 30 days after notification, unless there’s a valid reason for delay).
  • Offering significantly less money than a claim is reasonably worth (lowball offers).
  • Misrepresenting facts or insurance policy provisions.
  • Failing to disclose policy limitations or exclusions before purchase or when a claim is made.
  • Requiring excessive and unnecessary paperwork or documentation to stall the process.
  • Failing to provide a clear, written explanation for a claim denial.
  • Refusing to defend you against a third-party claim when the policy requires it.
  • Making threatening statements or using aggressive tactics to dissuade you from pursuing your claim.

It’s important to note that a simple mistake or a legitimate dispute over the value of a claim does not automatically constitute bad faith. However, a pattern of unreasonable conduct or a denial without a sound basis may be grounds for a bad faith lawsuit.

What to Do If You Suspect Bad Faith

Document Everything

Keep copies of all correspondence with your insurer, notes from phone calls (dates, times, names, what was discussed), your policy documents, and any evidence related to your original claim.

Communicate in Writing

When possible, communicate with your insurer in writing (email or certified mail) to create a paper trail.

Don't Delay

Pay attention to deadlines and respond to insurer requests promptly (as long as they are reasonable).

Consider Filing a Complaint

You can file a complaint against an insurance company with the Arizona Department of Insurance and Financial Institutions (DIFI). This can sometimes prompt an investigation and resolution.

Consult with an Experienced Arizona Bad Faith Insurance Attorney

This is the most critical step. An attorney can assess whether your insurer’s actions constitute bad faith, explain your rights, and represent you in negotiations or litigation.

How AZ Law Now Can Help

Insurance companies have vast resources and legal teams. You need an advocate on your side who understands Arizona bad faith law and isn’t afraid to take on powerful insurers. At AZ Law Now, we will meticulously review your case, advise you on the best course of action, and fight vigorously to hold your insurance company accountable.