Representing People Who Have Been Wrongly Injured
Insurance Bad Faith Over Three Decades of Experience, Compassion & Results
Bad Faith Update

Awards & Accolades

  • Women's Justice Awards
  • Best Lawyers: 2021
  • Best Lawyers: Best Law Firms U.S. News 2021
  • Lawyer of the Year
  • The National Trial Lawyers: Top 100
  • Missouri Lawyers Weekly
  • Kansas City Business Journal: Best of The Bar
  • Super Lawyers

Insurance Bad Faith Attorneys in Kansas City

Why You Need Presley & Presley, LLC for Your Bad Faith Claim

Bad faith claims and lawsuits against insurance companies are demanding and complicated, especially because these corporations have great wealth, attorneys on their payroll, and a drive to protect profits at the expense of all else. You can be sure they will put up a fight if you accuse them of acting in bad faith. You need a team with the experience, skills, and tenacity to fight back.

Our firm has always had a passion for protecting the rights of those who have been wrongly injured. We have seen countless individuals taken advantage of by insurance companies that are shameless in their unfair tactics. Our Kansas City bad faith insurance attorneys take pride in our demonstrated ability to stand up to large, corporate insurance companies and hold them accountable for the agreements they make with the public.

If you have to file an insurance claim, chances are you have already suffered enough. Unfortunately, in many of these instances, your insurance provider may, in bad faith, refuse to pay. This means even though your claim is wholly legitimate, they will not give you what they owe. Not only can this be frustrating, but it can also make you feel hopeless in the face of mounting bills and other expenses. If this sounds like you, know that you may have recourse.

Nationally-Recognized Representation

Meet Our Award-Winning Team
/

Recent Settlements & Verdicts

Hundreds of Millions Won On Behalf of Our Clients

Our team at Presley & Presley, LLC has decades of courtroom experience when it comes to handling complex cases of insurance bad faith. Insurers are notoriously difficult to deal with, but over more than 45 years and thousands of cases, we have learned their tricks. Don’t accept a claim denial: Call our team to fight for you. If you’re entitled to compensation, we will do all we can to help you receive it.
  • Insurance Bad Faith Case $16,300,000
  • Bad Faith Lawsuit Verdict $11,000,000
  • Insurance Bad Faith Settlement $3,825,000
  • Insurance Bad Faith Settlement $2,500,000
  • Insurance Bad Faith Settlement $1,350,000
  • Insurance Bad Faith Settlement $1,000,000
/

What Does Insurance Bad Faith Look Like?

The point of purchasing an insurance policy is peace of mind. Should a negative and costly event occur, having an insurer will protect you from most, if not all, of the unexpected expenses. This is the basic agreement we all enter with insurers when purchasing a policy.

However, when an insurance company, for whatever reason, fails to act as it is supposed to, you may be involved in a bad faith issue. Bad faith occurs when one party fails to fulfill the legal or contractual obligations to which it has agreed. This may include misleading the other party, entering into a contract without the means or intention to honor it, or violating accepted standards of honesty in business dealings.

The following actions made by your insurance provider often indicate bad faith:

  • Failure to pay, or outright deny, a claim within a reasonable period of time
  • Failure to promptly respond to your questions or concerns
  • Attempt to settle a claim for less than a reasonable person would consider fair
  • Unreasonable documentation and/or paperwork requests
  • Failure to provide supporting documentation when denying your claim

In their attempts to save money, insurers have found many ways to act in bad faith. They may try to dodge paying a claim by purposefully misinterpreting the language used in their policy; fail to disclose certain limitations of the policy when you purchase it; engage in unreasonable delays in your dealings; fail to conduct an investigation of your losses; or make arbitrary or unreasonable requests in asking you to prove the loss you have sustained. Such tactics may be so bad they are considered abuse.

Though auto insurers are the worst offenders, bad faith can occur with any type of insurance policy, from homeowners’ and renters’ policies to health and life insurance. When such a situation arises, your best chance for recourse may be to file a lawsuit. A Kansas City insurance bad faith lawyer from Presley & Presley can help you understand your rights and pursue damages from your insurance company if they have acted towards you in bad faith.

What Can I Do If My Insurance Company Won’t Pay?

Dealing with insurance is frustrating even if the representatives you speak with are forthright. When they try to ignore your claim, it can be hard to know what to do. Your first step should be to contact a Kansas City insurance bad faith attorney with experience handling these types of claims. The team at Presley & Presley can go through the specifics of your case with you and explain what your options are.

My Insurer Won’t Pay for a Crash I Caused

Though insurers tend to put their own interests first when it comes to paying claims, they are actually contractually bound to act in your best interests. When facing claims from a third party, it is illegal for them to:

  • Fail to defend you if a claim is made against you
  • Refuse to settle for damages that are within the scope of your policy

Both of these negligent actions could lead to you facing a lawsuit and having your finances threatened. It should go without saying that, if an insurer has agreed to cover certain damages, they cannot pass that burden on to you. If they try to, our team can help you file a lawsuit to compel them to pay.

I Have Uninsured/Underinsured Motorist Coverage, but My Insurer Won’t Honor It

Also known as a first-party claim, this type of refusal to provide payment contractually owed you is illegal. That means if you purchased uninsured/underinsured motorist coverage and were involved in a hit-and-run that would be covered by it, your insurer must take action to resolve it in a timely matter. They cannot deny a claim without solid evidence to support their decision, nor can they refuse to investigate your claim to avoid their obligation to pay.

If your insurer is unreasonably delaying your claim or has denied it for an invalid reason, you may be able to take them to court for vexatious refusal to pay. Our Kansas City bad faith insurance attorneys can help you get your suit started.

Frequently Asked Questions

  • Q:What Does Bad Faith Mean?

    A:The definition of bad faith varies from state to state. In Missouri, all insurers have a duty to defend and indemnify (to compensate for harm or loss) their clients. When an insurance company breaches either duty, the insured may have a cause of action for a bad faith claim. Missouri insurance policies are regulated by “the implied covenant of good faith and fair dealing” when it comes to negotiating and providing settlements. If an insurer acts unfairly or without transparency while working on your settlement, they are likely acting in bad faith.

  • Q:Are Bad Faith Claims Different Than Failure to Defend?

    A:Missouri courts have recently recognized that failure to provide their insured a defense can be considered bad faith. These cases normally arise from a wrongful denial of coverage. If your settlement or financial wellbeing is affected in any way by a first- or third-party insurer, you may have grounds for a bad faith claim.

  • Q:What’s the Difference Between First-Party and Third-Party Bad Faith Claims?

    A:An easy rule of thumb to differentiate first-party and third-party claims is this: First-party claims involve benefits you are owed directly under the terms of your own policy, like uninsured motorist coverage, medical payments, and the like. Third-party claims involve your carrier protecting you from personal liability when you are responsible for someone else’s injuries. Here are some examples of how these claims may look. 


    First-party bad faith is very simple: If you make a claim against your own insurance company for benefits, like uninsured or underinsured motorist coverage, and the insurer fails or refuses to pay your claim, you may be allowed to claim additional damages if their actions have no reasonable cause or excuse. This is known in Missouri as a vexatious refusal to pay.  

    For third-party claims, you may face the prospect of financial penalties when you should not. If you cause an accident, for example, and the person you harmed requests a settlement of full policy limits, your insurance company should negotiate the request to protect you from a lawsuit. If your insurer does not act in your best interest by settling the case for the policy limits when they had the chance and thereby puts your personal assets at risk, you may have grounds for a third-party bad faith claim.

  • Q:Is There a Statute of Limitations for Bad Faith Insurance Claims in Missouri?

    A:Yes. In Missouri, you should have 5 years to file a formal claim against your insurance company. This is per Missouri revised statute 516.120. However, you should also be mindful of your insurance company’s regulations, as they might differ from state law.

  • Q:What Damages Can I Recover from a Bad Faith Lawsuit?

    A:The process of gathering evidence of bad faith begins with the insurance company claim file. Typically, carriers maintain a “claims diary,” or a computer record of all file activity. This can help you lay out a timeline for your claim. You can also help your case by keeping a record of all correspondence received from your insurer and making detailed notes of any conversations with its adjusters. This will go a long way toward demonstrating the bad faith approach your insurer took.

  • Q:What Is the Duty of Proof in Bad Faith Lawsuits?

    A:The process of gathering evidence of bad faith begins with the insurance company claim file. Typically, carriers maintain a “claims diary,” or a computer record of all file activity. This can help you lay out a timeline for your claim. You can also help your case by keeping a record of all correspondence received from your insurer and making detailed notes of any conversations with its adjusters. This will go a long way toward demonstrating the bad faith approach your insurer took.

Quality Your Case Needs 

Why Choose Presley & Presley?
  • Hundreds of Millions Recovered for Our Clients
  • Helping People for More Than 30 Years
  • One of the Most Distinguished Firms in the Industry
  • Attentive & Compassionate Representation
  • Highly Skilled in Personal Injury & Insurance Bad Faith
  • Track Record of Success

Let's Discuss Your Case

Schedule Your Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.