For example, in a case where both the injured party, as well as impartial witnesses, state that a particular driver ran a red light, it is simply unacceptable that the insurance company would force an injured victim to file a lawsuit. These sort of denials can be the result of unfair dealing where an insurance company is attempting to deny or delay payment to an injured party. There is a separate lawsuit for this type of insurance claim handling, called a bad faith claim. In Kentucky, such a lawsuit was created by case law in 1989. See Curry v. Fireman's Fund Insurance Co., Ky., 784 S.W.2d 176 (1989). The Kentucky Supreme Court’s opinion stated in pertinent part as follows:
“From cradle to grave individuals willingly pay premiums to insurance companies to obtain financial protection against property and personal loss. Without a reasonable means to assure prompt and bargained-for compensation when disaster strikes, the peace of mind bought and paid for is illusory.”
Kentucky insurance company bad faith is not uncommon, and is a type of insurance abuse that is not limited to Bowling Green, Ky and the surrounding counties.
At the law office of Natalie T. Stuart, I can help you if you or someone you know feels an insurance company is denying a claim for damages without just cause. I will provide you with the answers you need and inform you of your options, including whether or not a lawsuit should be filed.