Questions + Answers About

Insurance Bad Faith

How long do I have to file a claim in an insurance bad faith case?

The statute of limitations is a time limit established by the laws of Wisconsin, and it determines how long you have to file a lawsuit. The statute of limitations varies depending on the details of your insurance bad faith case, so we recommend you pursue your case immediately.
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Do I still have a bad faith case if my insurance paid part of a claim?

Yes, if the payment was less than you are owed under your insurance policy, you can still bring a bad faith case against your insurance company.
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Are only certain types of insurance held accountable under bad faith laws?

All types of insurance are accountable under bad faith laws, with cases most commonly brought against auto, health, life or homeowner’s insurance companies.
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What if the case is not with my insurer?

This is called a third-party bad faith insurance claim. While the insurance company for the negligent party has fewer duties to third-party victims than to its insured, it still has a duty to investigate the claim and resolve it within a reasonable time period.
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I believe I have a bad faith insurance case. What should I do?

Start by thoroughly reviewing your insurance policy. Insurance policies are long, complicated documents with lots of excluded perils, or types of damage that aren’t covered. Not every claim denial rises to the level of bad faith. There are legitimate situations where your policy may simply not cover the type of damage your property suffered.

If you still believe your insurance company is acting in bad faith, collect as much relevant documentation as possible. Your current policy, correspondence regarding your claim and supporting evidence — photos, medical/police reports, etc. — will help support your case.

Lastly, get in touch with Gingras, Thomsen & Wachs for a review of your case. Our experienced attorneys will review your insurance bad faith situation and recommend next steps, which may include legal action.
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