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Atlanta Insurance Bad Faith Lawyer

insurance claim denial

Insurance is meant to provide protection when you need it most, safeguarding your home, health, or vehicle. However, when an insurance company fails to honor its commitments and denies a valid claim, it can leave you feeling vulnerable and uncertain about your future. At The Baer Law Firm, we understand the critical role that insurance should play in your life, and we are here to help when insurers don’t fulfill their obligations.

This page outlines how our lawyers in Atlanta can step in to support you if those responsible for your insurance coverage have let you down. We are committed to helping you get the compensation you deserve across Atlanta, GA.

Insurance Bad Faith & Claim Denial Lawyer Serving Georgia

attorney Bryan BaerThe Baer Law Firm understands how an insurance company’s failure to honor its commitments can throw your life into chaos. You may be coping with denied claims, mounting bills, and the frustration of dealing with an insurer that’s not holding up its end of the deal. The Baer Law Firm can be part of the team that helps you get your life back on track and hold insurance companies accountable for their bad faith actions.

The Baer Law Firm is located at 1819 Peachtree Road NE, Suite 401, Atlanta, GA 30309, and proudly serves clients throughout Atlanta. If you or a family member are dealing with an insurance company acting in bad faith, contact The Baer Law Firm at 404.THE.BAER  to schedule a risk-free, no-obligation consultation.

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Bryan Baer is an exceptional attorney. He has handled two matters on my behalf. I refer him often, most recently to my mother who was also beyond pleased with his service. Bryan is a brilliant lawyer and a kind person. He brings much honor to the legal profession. I’m a former client and practicing attorney. I can’t say enough good things about Bryan!!!” – Catherine H.
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Georgia Statutory Bad Faith Law

Georgia has a bad faith statute designed to protect policyholders when the insurer unfairly denies an insurance claim. The statute allows a policyholder to receive additional damages and attorneys’ fees when an insurer denies a claim in bad faith.

Some examples of situations that may give rise to a bad faith claim in Georgia include:

  • Refusing to pay a claim without initiating a proper investigation
  • Offering far less for a claim than anyone would reasonably expect
  • Failing to offer a fair explanation when denying a claim

Insurance Contract

Georgia Negligent And Bad Faith Failure To Settle

Liability insurance is to protect policyholders from legal liability. If you are in an auto accident and someone is hurt, or if you get sued by someone who claims that you damaged them or their property, you likely face the threat of legal liability. Often, the only way the insurance company can protect you from legal liability is to settle the claim against you so that your personal assets are protected.

In Georgia, an insurance company has a duty to protect the people it insures from legal liability by settling the claim against them if the insurance company has a reasonable opportunity to do so within policy limits. Sometimes the insurance company refuses to pay a fair amount to resolve a claim even when liability is clear and rejects the opportunity to settle within policy limits. This is sometimes referred to as “low balling” which subjects the insured to unnecessary lawsuits and liability in excess of coverage which puts the insured’s personal assets and even income at risk of being collected upon. This is known as negligent or bad faith failure to settle.

Declaratory Judgment Action and Examination Under Oath

In addition to failing to fairly pay a valid claim, an insurer will sometimes institute one or more legal actions or proceedings against an insured such as a Declaratory Judgment Action or Examination Under Oath.

A Declaratory Judgment Action is a lawsuit filed by an insurance company against the insured party (and sometimes the injured party as well) to have a Court declare that the purchased insurance does not actually cover the claim.

An Examination Under Oath is a tool insurance companies use to delay or deny coverage as opposed to accept and pay coverage. An Examination Under Oath allows an insurance company to ask you questions in person, under oath and typically before a court reporter. It takes place in an office setting but is essentially the equivalent to you testifying in a court of law. The process can be intimidating. Practically all insurance policies afford the insurance company the right to conduct an Examination Under Oath. If the insurer asks you to submit to an Examination Under Oath, it is often because they do not believe you are being truthful with them in one or more aspects of the claim.

For example, an insurer may ask a homeowner to submit to an Examination Under Oath following a tragic home fire. Instead of paying the loss, the insurer may look for a reason to claim the insured intentionally set fire to the home and deny paying the claim. You should not subject yourself to any such questioning from an insurer under oath without excellent legal representation.

Insurance Bad Faith Case Results

The Baer Law Firm has handled dozens of insurance coverage and insurance bad-faith cases representing insureds and injured victims alike and proven that the insurance company was wrong in its coverage denial. The case below demonstrates how courageous and compassionate representation can lead to successful results.

$1,000,000 Recovered for General Contractor Whose Claim Against Subcontractor Was Wrongfully Denied

A subcontractor negligently performed work during construction that damaged existing materials and work the general contractor had already installed and performed. Accordingly, the general contractor had to come out of pocket roughly $900,000 to fix the damage made by the subcontractor. The general contractor made a claim against the subcontractor but the insurer for the subcontractor refused to pay or defend the claim. Instead, the insurer denied coverage for the subcontractor leaving the subcontractor without resources to pay. Attorney Bryan Baer first obtained a judgment against the subcontractor and then had the subcontractor assign its claim for coverage to the general contractor. Judgment in hand, attorney Bryan Baer filed suit against the insurer and ultimately prevailed, requiring the insurer to pay damages in the amount of $1,000,000 to his client the general contractor.

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Contact Atlanta Insurance Bad Faith Attorney Bryan Baer At The Baer Law Firm

If your insurance company is not resolving a claim to your satisfaction or has denied your claim for reasons that are not clear, you need to hire attorney Bryan Baer. The Baer Law Firm works with insurance companies every day and knows what it takes to get them to honor the obligations made to policyholders. The Baer Law Firm has the experience and expertise to achieve fair results for deserving victims. Call 404.THE.BAER (404.843.2237) or fill out our online contact form so we may discuss your case in a free consultation.