Wrongful Denial of Claims

Carl and Steve Frederick routinely represent individuals against insurance companies who wrongfully deny coverage or refuse to pay claims.

Kentucky law requires insurance companies to exercise good faith by dealing fairly with policy holders and others making claims for benefits. Failure to do this makes the insurance company subject to a lawsuit for what is commonly called "bad faith". Although "bad faith" is the most commonly used term used in describing these claims, it is a misnomer. In order to prevail, the insured claimant need only prove that the insurance company acted with a reckless disregard for the claimants rights. They need not show "bad faith" or some type of evil motive.

If you have had a valid claim denied, you may have a claim against that insurance company for unfair claims practices.

These claims can arise in a number of settings, including:

personal injury claims after car wrecks;
property damages claims;
disability claims;
claims for payment of medical bills, etc.

Insurance companies realize that individuals who have these types of claims are often distraught about their situation and therefore vulnerable. Sometimes they attempt to take advantage of claimants and exploit this vulnerability by using unfair settlement tactics to deny claims.

In an unfair claims practices lawsuit, you can get not only the damages you are owed under the insurance policy, but you may also be compensated for personal injuries such as the stress and emotional suffering caused by the denial of a claim. In certain instances, an insurance company can be made to pay punitive damages to punish them for their wrongful conduct and to deter similar conduct by the insurer in the future.

The basis for these claims comes from the Kentucky legislature and can be found in the Kentucky Revised Statutes.


Call us at 866-KYTRIAL or contact us online to obtain a free assessment of your insurance needs and claims.