Bad Faith Claims: What You Need to Know

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Bad Faith Claims: What You Need to Know

David Granat | May 13, 2026 | 

A bad faith claim arises when an insurance company fails to fulfill its legal duty to handle your insurance policy with honesty and fairness. Under Missouri law, insurance providers must investigate claims fairly and pay valid claims promptly. The Granat Law Office helps residents in St. Louis understand their rights when an insurance carrier acts in a way that causes emotional distress or financial loss. We work to hold insurance providers accountable for the promises they made in your insurance contract. If you believe your insurance company is acting unfairly, call 314-222-7777 to discuss your bad faith claim.

Understanding the Foundation of Insurance Bad Faith

Insurance companies must act fairly because an insurance policy is a legal contract that relies on trust. When you pay your premiums, the company promises to protect your financial interests during a claim. We help you determine if your insurer has failed to meet these basic legal obligations.

The Covenant of Good Faith and Fair Dealing

Every insurance contract in Missouri includes an implied promise of good faith and fair dealing. This means the insurance company cannot act in a way that destroys your right to receive the policy benefits. They must prioritize your protection over their own desire to save money on a settlement offer. When a primary carrier ignores this duty, it may be liable for bad faith insurance practices. The Granat Law Office reviews your policy language to ensure your insurer is following these established standards.

Defining Bad Faith vs. Simple Disagreements

Bad faith is more than just a difference of opinion about how much your property damage is worth. It involves wrongful conduct where the insurance carrier denies a claim without a reasonable basis. A simple mistake by a claims adjuster is usually not bad faith, but a pattern of deceptive practices is. For example, if a primary carrier refuses to investigate claims or ignores witness statements, they are likely acting in bad faith. We look for evidence of intentional delays or dishonest handling of claims to build your case.

A clear understanding of these rules helps you spot when an insurance company is taking advantage of you. Knowing the difference between an honest dispute and bad faith is the first step toward a legal recovery. Our team provides the clarity you need to hold your insurance providers accountable.

First-Party vs. Third-Party Bad Faith Claims

The type of bad faith claim you file depends on which insurance company is failing to follow the rules. Some cases involve your own insurance provider, while others involve the company representing the person who caused your injury. We examine your specific situation to determine which legal path fits your needs.

First-Party Claims: When Your Own Insurer Fails You (UM/UIM and Property)

A first-party claim involves a contract between you and your own insurance company. You might file this type of claim for a collision claim or for storm damage to your home. It also applies when you use medical payments coverage or uninsured motorist (UM) benefits after an auto accident. If your own insurance carrier uses deceptive practices to deny these policy benefits, they are acting in bad faith. The Granat Law Office holds your insurer to the promises they made in your insurance contract.

Third-Party Claims: Liability and the Duty to Defend

A third-party claim involves the liability insurance of another person or business. For example, if you are hurt by another driver, their primary carrier has a duty to settle the case fairly. Bad faith occurs when an insurance carrier refuses a reasonable settlement offer within the policy limits. This can leave the person they insure facing an excess judgment that exceeds their liability coverage. We look for wrongful conduct that puts financial pressure on victims and policyholders alike.

Identifying the relationship between you and the insurance company is vital for your case. Both first-party and third-party situations require the insurer to meet specific claim-handling standards. Our team ensures that the appropriate legal standards are applied to your specific bad-faith litigation.

The Validation Framework: Is It Bad Faith or a Legitimate Dispute?

Determining whether an insurance company broke the law requires examining the reasons behind its decisions. A simple disagreement over the value of a car or house does not always mean the company is acting unfairly. We examine the facts to see if your insurer had a valid reason to question your claim.

Understanding Debatable Claims Under Missouri Law

Missouri law allows insurance providers to investigate claims that seem debatable. If there is a genuine question about who caused an auto accident, the company can take time to review the facts. They might look at comparative fault to see if you share some blame for the crash. However, they cannot use a minor dispute as an excuse to ignore their fiduciary duty to you. The Granat Law Office checks if the insurance carrier had a reasonable basis for their actions. We work to show when a legitimate dispute is actually a cover for bad faith practices.

Distinguishing Between Adjuster Error and Systematic Bad Faith

Sometimes a single claims adjuster makes a mistake on a claim form or misses a deadline. While annoying, a one-time human error is usually not considered bad faith litigation material. Bad faith usually involves a systematic failure to adhere to claim-handling standards. This could mean the primary carrier has a policy of making a low settlement offer to everyone. It might also involve a failure to clearly describe the policy benefits in the fine print. We review internal communication logs to determine whether the errors were part of a broader plan to save the company money.

Knowing the difference between a mistake and a plan to cheat you is essential for your case. Our team looks for the patterns that prove an insurance company is acting in bad faith. We provide the professional assessment you need to move forward with confidence.

The Role of the Insurance Adjuster and Internal Records

The actions of a claims adjuster often serve as the primary evidence in a bad-faith claim. These professionals manage the daily details of your file and decide how much the insurance company will pay. We examine their internal notes to determine whether they followed the law in handling your case.

How Claims Handling Standards Influence Your Case

Every insurance carrier must follow specific claim handling standards to ensure fairness. These rules require insurance adjusters to respond quickly to your letters and perform a thorough claim investigation. If an adjuster ignores your phone calls or refuses to look at new medical bills, they may be breaking these rules. The Granat Law Office looks for gaps in these standards to prove that the company acted with wrongful conduct. Following these industry norms is a basic requirement for any primary carrier in Missouri.

The Importance of Claims Exams and Internal Communication Logs

Insurance providers keep detailed records called communication logs for every claim they handle. These logs show exactly when an independent adjuster looked at your file and what they said about your injuries. Sometimes, these notes reveal that the company knew your claim was valid but chose to deny it anyway. We may also review results from claims exams to see if the company used biased doctors to lower your insurance payout. These internal records often provide the smoking gun evidence needed for bad faith litigation.

Why Adjuster Incentives Matter in Bad Faith Litigation

Some insurance companies give bonuses to adjusters who keep payouts low or deny a certain number of claims. These incentives create a conflict of interest that harms the policyholders who need help. If an adjuster prioritizes company profits over their fiduciary duty to you, it is a clear sign of bad faith insurance practices. We investigate whether the primary carrier encouraged its staff to use deceptive practices to save money. Uncovering these hidden motives helps us hold the entire insurance industry to a higher standard.

The logs and notes kept by an adjuster tell the true story of how your claim was handled. Accessing these files allows us to determine whether the insurance company acted honestly. Our team focuses on these records to build a strong foundation for your legal action.

Building Your Case: A Proactive Documentation Roadmap

Proving that an insurance carrier acted in bad faith requires a strong collection of evidence from the start. You must show that the company intentionally ignored facts or delayed the claims process without a good reason. Our team helps you organize your records to demonstrate exactly where the insurer failed to meet its duties.

Creating a Paper Trail: Confirming Phone Calls via Email

Insurance adjusters often make promises or give instructions over the phone that never appear in the official file. After every call, you should send a brief email to the adjuster summarizing what you discussed and any deadlines they mentioned. This creates a permanent record that prevents the insurance company from changing its story later. These emails serve as vital evidence in bad faith litigation if the company tries to deny a verbal agreement. The Granat Law Office uses these logs to hold primary carriers accountable for their words.

The Importance of Preserving Witness Statements and Medical Bills

Every piece of information about your personal injury or property damage helps prove the true value of your claim. You must keep copies of all medical bills, lost wages records, and original witness statements. If the insurance company ignores this evidence to offer a low settlement offer, it shows they are not investigating claims fairly. Keeping these records safe ensures the insurer cannot claim they lacked the facts to pay your policy benefits. We compare your records against the insurance carrier's internal logs to identify gaps in their investigation.

How to Use Claim Forms and Formal Demands Effectively

Filling out claim forms accurately is the first step in starting the formal claims process. Once the insurer has all the facts, a formal demand letter can set a clear deadline for a fair settlement offer. If the company refuses to pay within the policy limits after receiving a solid demand, they may face an excess judgment. These documents provide a clear timeline that shows when the insurer had a chance to do the right thing but chose not to. We help you track these submissions to prove the company knew the claim was valid but acted with wrongful conduct.

A well-documented case makes it much harder for an insurance company to use deceptive practices. Your records act as a shield against unfair delays and wrongful denials. The Granat Law Office focuses on these details to build a case that stands up in court.

Regulatory Oversight: The Missouri Department of Insurance

The Missouri Department of Commerce and Insurance oversees how insurance companies treat people in the state. This agency sets the rules that every insurance carrier must follow to keep its license. We explain how these regulations protect you from unfair treatment and what steps you can take if an insurer fails you.

Filing a Consumer Complaint vs. Pursuing Legal Action

You can file a formal complaint with the state if you believe an insurance company is using deceptive practices. The state will look into the matter to determine whether the company violated any specific claim-handling standards. However, a state complaint usually does not result in the company paying you compensatory damages or punitive damages. For that, you often need to take legal action through a personal injury attorney. The Granat Law Office helps you decide which path is best for your specific insurance dispute. While the state handles licenses and fines, a lawsuit focuses on getting you the money you lost.

The Role of the Unfair Claims Settlement Practices Act (UCSPA)

The Unfair Claims Settlement Practices Act is a set of rules that defines what counts as wrongful conduct. It lists specific actions, such as failing to investigate claims or refusing to settle in good faith. Missouri law uses these standards to judge if a primary carrier is acting with vexatious refusal to pay. If an insurance company ignores these rules, it may face heavy fines from the state. More importantly, proof that they broke these rules can strengthen your bad faith claim in court. We use these regulatory standards to show that your insurance providers knew the rules but chose to ignore them.

State regulations provide a clear baseline for how the insurance industry must operate. These rules help ensure that every insurance policy is handled with basic fairness. Our team uses these laws to hold every insurance carrier accountable for their actions.

Frequently Asked Questions About Bad Faith Claims

What is a bad faith insurance claim? 

A bad faith claim is a lawsuit against an insurance company for failing to honor its contract or handle a claim with basic honesty and fairness.

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

Signs include denying a claim without a reason, refusing to investigate claims, intentional delays, or offering a settlement offer much lower than the actual value.

What is vexatious refusal to pay in Missouri? 

This is a specific legal term for when an insurer refuses to pay a first-party claim without a reasonable cause or excuse under Missouri law.

Can I recover more than my policy limits in a bad faith case? 

Yes, if a primary carrier acts in bad faith, a court might award an excess judgment, punitive damages, or attorney's fees beyond the original policy benefits.

What is the difference between a first-party and third-party claim? 

A first-party claim is with your own insurer, while a third-party claim involves the insurance carrier of the person who caused your personal injury or damage.

How long do I have to file a bad faith claim? 

Missouri has specific statutes of limitations for contract and tort cases, so you must act quickly to preserve your right to take legal action.

When to Contact a Missouri Personal Injury Attorney

You should contact a Missouri personal injury attorney if your insurance company refuses to pay a fair settlement offer or stops communicating with you. A lawyer helps you determine if the insurance carrier is using deceptive practices to avoid paying for your medical bills and lost wages. The Granat Law Office in St. Louis protects the rights of policyholders who face unfair claim handling or wrongful denials.

A personal injury attorney acts as your voice against powerful insurance carriers in the St. Louis area. We manage the bad faith litigation so you can focus on your recovery and your family. Our team is dedicated to uncovering wrongful conduct and securing justice for our clients. Call us at 314-222-7777 to schedule a consultation and learn how we can help you get the insurance payout you deserve. Do not let an insurance company use bad-faith insurance tactics to take away what you are owed under Missouri law.

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