Under California law, a bad faith claim against the insurance carrier can be made if the insured can show that:
(1) Benefits due under the policy were withheld; and
(2) The reason for withholding the benefits was unreasonable or without proper cause.
The Judicial Council of California also has defined several factors in determining whether the insurance carrier’s conduct constitutes ‘bad faith,’ including acts such as failing to settle a claim promptly once liability has become apparent, or attempting to settle the claim for less than the amount to which a reasonable person would have believed the injured was entitled. Dunnion Law attorneys are knowledgeable in the legal factors related to ‘bad faith’ and have the experience to pursue aggressive strategies to hold insurance carriers accountable for the injuries caused to our clients, as demonstrated in our result against Golden Eagle Insurance.