Insurance Bad Faith Attorneys in Oklahoma City
When you pay for insurance, you expect your insurance company to be there when something goes wrong. You pay premiums month after month because you believe the policy will protect you after a crash, storm, fire, serious injury, disability, property loss, or other covered event. Unfortunately, some insurance companies do not handle claims fairly. They may delay, deny, underpay, misrepresent coverage, or pressure policyholders into accepting far less than they are owed.
Insurance Bad Faith happens when an insurance company fails to treat its insured fairly and reasonably. In Oklahoma, insurance companies have a duty to deal fairly and act in good faith when handling claims. That does not mean every denied claim is automatically bad faith. It does mean an insurer cannot ignore evidence, create unreasonable delays, misrepresent the policy, or look for excuses to avoid paying a valid claim.
At Maples Harrison Zeaman PLLC, our Oklahoma City insurance bad faith attorneys help individuals and families understand whether an insurance company crossed the line. Many people contact us because they are frustrated, confused, and unsure whether they simply received a disappointing claim decision or whether they may have a legal claim against the insurer.
What Is Insurance Bad Faith?
Insurance bad faith is an insurance company’s unreasonable failure to honor its duties to its insured. The most basic duty is this: the insurance company must handle your claim honestly, fairly, and reasonably. When an insurer puts its own financial interests ahead of its policyholder’s rights in an unreasonable way, that conduct may support a bad faith claim.
A bad faith case is different from a simple disagreement over coverage. Insurance policies can be complicated, and sometimes there are legitimate disputes about what is covered, how much a claim is worth, or whether certain exclusions apply. Bad faith focuses on the insurer’s conduct, including:
- Conducting a fair investigation.
- Reviewing the available evidence.
- Explaining its decision.
- Paying benefits that were clearly owed.
- Delaying payment without a reasonable basis.
- Treating the policyholder as an adversary instead of a customer who paid for protection.
Oklahoma law recognizes that the insurance relationship is not like an ordinary business transaction. Most people do not buy insurance because they want to use it. They buy it for protection against financial harm. When a covered loss occurs, the policyholder may be injured, grieving, displaced, unable to work, or facing major bills. The insurance company has more information, more resources, and more control over the claim process. That imbalance is part of why Oklahoma law requires insurers to act in good faith.
Do I Have an Insurance Bad Faith Case?
You may have an insurance bad faith case if your insurance company acted unreasonably in handling a valid claim and that conduct caused you harm. The key question is not simply whether the insurance company denied your claim. The key question is whether the company had a reasonable basis for what it did and whether it handled the claim fairly under the circumstances.
A potential bad-faith case often involves three broad issues. First, there must usually be an insurance policy that provides coverage or potential coverage for the loss. Second, the insurer must have acted unreasonably in investigating, evaluating, delaying, denying, or paying the claim. Third, the insurer’s conduct must have caused damages, such as unpaid benefits, financial loss, emotional distress, loss of use of property, damage to credit, or other harm.
What Are Common Examples of Insurance Bad Faith?
Insurance bad faith can take many forms, but it generally involves an insurance company acting unreasonably when handling a claim. While every situation is different, certain patterns appear repeatedly in bad faith cases involving auto insurance, uninsured motorist claims, homeowners’ insurance, commercial insurance, disability insurance, life insurance, health-related claims, and liability insurance disputes.
Common examples of insurance bad faith include:
- Unreasonable claim denial: Denying a claim without conducting a fair and thorough investigation.
- Unreasonable delay: Taking excessive time to process or decide a claim without a legitimate reason.
- Failure to investigate: Ignoring important evidence or refusing to review information that supports coverage.
- Lowball settlement offers: Offering significantly less than the claim is worth despite clear evidence of damages.
- Misrepresentation of coverage: Incorrectly describing policy terms or telling a policyholder that coverage does not exist when it may apply.
- Repeated unnecessary document requests: Continuously asking for the same information to delay payment.
- Failure to explain decisions: Refusing to provide a clear explanation for a denial, delay, or reduced payment.
- Failure to disclose benefits: Not informing policyholders about benefits that may be available under the policy.
Not every denial, delay, or low settlement offer amounts to bad faith. However, when an insurance company ignores evidence, creates unnecessary obstacles, or puts its financial interests ahead of its policyholders' rights, the situation may warrant a closer legal review.
Is a Denied Insurance Claim Automatically Bad Faith?
No. A denied insurance claim is not automatically bad faith. Insurance companies can deny claims when they have a legitimate, reasonable basis for doing so. However, the denial must be based on a fair review of the facts, the policy, and the applicable law.
This distinction matters because many potential clients feel that any denial is unfair. Sometimes it is. Sometimes the problem is a breach of contract, meaning the insurer failed to pay what the policy required. Sometimes the problem goes further and becomes bad faith because of how the insurer handled the claim. In some cases, both claims may exist.
A bad faith attorney can review the denial letter, the policy, the claim file, the communications, and the evidence submitted to the insurer. The attorney may look at whether the insurer relied on an exclusion that does not apply, whether it ignored documents, whether it used biased experts, whether it failed to communicate, or whether it created unreasonable obstacles to payment.
What Are Signs That an Insurance Company May Be Acting in Bad Faith?
Signs of possible bad faith include long delays without explanation, changing reasons for denial, failure to respond, unreasonable document requests, and pressure to accept a low settlement. One red flag alone does not prove a case, but patterns matter.
You should pay attention if:
- The insurance company will not explain what it needs to finish reviewing your claim.
- The insurer keeps saying your claim is “still under review” but does not identify any real investigative step being taken.
- The insurer asks for the same documents repeatedly, especially after you have already provided them.
- Adjusters discourage you from speaking with an attorney, suggesting your claim is suspicious without providing evidence, refusing to provide a written explanation, ignoring clear proof of covered damage, or offering a settlement that does not come close to documented losses.
In injury related claims, bad faith may involve refusing to pay uninsured motorist benefits even when liability, coverage, and damages are reasonably clear.
What Types of Insurance Claims Can Lead to Bad Faith?
Many types of insurance claims can lead to bad faith when the insurer acts unreasonably. These may include
- Car insurance claims
- Uninsured and underinsured motorist claims
- Homeowners' claims
- Property damage claims
- Business loss claims
- Disability claims
- Life insurance claims
- Health insurance disputes
- Liability insurance claims
In personal injury situations, bad faith often arises after a serious crash involving uninsured or underinsured motorist coverage. If the at-fault driver has no insurance or not enough insurance, the injured person may turn to their own insurance company for benefits. At that point, the injured person may expect their own insurer to treat them fairly. Unfortunately, some insurers become adversarial and undervalue the claim, even when the injuries are serious and the coverage was purchased for that exact situation.
Property damage claims can also create bad faith disputes. After a storm, fire, water loss, or other covered event, an insurer may undervalue repairs, blame uncovered causes without a fair investigation, or refuse to consider contractor estimates. Homeowners and business owners can suffer serious financial harm when benefits are delayed or denied.
What Should I Do If I Think My Insurance Company Is Acting Unfairly?
If you think your insurance company is acting unfairly, document everything and speak with an attorney before accepting a final payment or signing a release. The steps you take early can make a major difference.
Some important actions to take include:
- Keep copies of your insurance policy, claim forms, denial letters, emails, text messages, and other communications.
- Save repair estimates, medical records, photographs, receipts, and any documents related to your loss.
- Write down the date, time, name of the person you spoke with, and what was discussed during phone calls.
- Ask the insurance company to provide important explanations and decisions in writing.
- If your claim is denied, request the specific policy language and factual basis supporting the denial.
Do not exaggerate your claim, but do not minimize it either. Be honest, accurate, and consistent. Continue getting necessary medical treatment if your claim involves injury. Protect damaged property when reasonable, but take photographs before repairs are made. Avoid giving broad recorded statements or signing documents you do not understand without getting legal advice.
What Evidence Helps Prove Insurance Bad Faith?
Evidence that may help prove bad faith includes the insurance policy, claim correspondence, denial letters, claim notes, payment history, expert reports, photographs, repair estimates, medical records, and proof of damages. The insurer’s internal claim file may also become important during litigation.
The policy helps determine what benefits were available. The claim file may show what the insurance company knew, when it knew it, and why it made certain decisions. Communications can show delays, inconsistent explanations, or failure to respond. Expert reports may reveal whether the insurer relied on a biased or incomplete review. Medical records and repair estimates may show that the insurer ignored strong evidence supporting payment.
Bad faith cases are often built by comparing what the insurer should have done with what it did. A reasonable insurance company should investigate promptly, evaluate all available evidence, communicate clearly, and pay covered benefits when they are owed. When the record shows the company did not do those things, the case may become stronger.
What Damages Can Be Recovered in an Insurance Bad Faith Case?
Damages in an insurance bad faith case may include unpaid policy benefits, financial losses caused by the insurer’s conduct, emotional distress, attorney fees in certain situations, and punitive damages in appropriate cases. The available damages depend on the facts, the policy, and the harm caused.
Unpaid benefits are often the starting point. If the insurer should have paid $100,000 under the policy but paid nothing or paid far less, that unpaid amount matters. But bad faith damages may go beyond the policy benefits when the insurer’s unreasonable conduct causes additional harm. For example, delayed payment may cause a person to fall behind on bills, lose property, suffer credit damage, delay necessary medical care, or experience severe stress.
Punitive damages may be available in some cases involving particularly wrongful conduct. These damages are not available in every dispute. They are generally reserved for cases where the insurer’s conduct is more than a mistake or ordinary disagreement. An attorney can evaluate whether the facts support that kind of claim.
How Long Do I Have to File an Insurance Bad Faith Claim in Oklahoma?
You should speak with an attorney as soon as possible because deadlines can affect your rights. Oklahoma bad faith claims are generally treated as tort claims, while breach of contract claims may involve different deadlines. The exact deadline can depend on the type of claim, the policy, the date of denial, the date the insurer’s bad faith conduct occurred, and other facts.
Waiting too long can make your case harder to prove. Evidence can disappear, memories can fade, property can be repaired, and claim documents can become more difficult to obtain. Even if you are still communicating with the insurer, you should not assume that ongoing discussions automatically protect your legal deadline.
The safest approach is to have an attorney review the situation early. A lawyer can identify possible claims, preserve evidence, communicate with the insurer, and determine whether legal action may be necessary.
Why Choose Maples Harrison Zeaman PLLC?
Maples Harrison Zeaman PLLC represents individuals and families in Oklahoma City and throughout Oklahoma in serious injury and insurance related cases. Our firm understands how insurance companies evaluate claims, defend claims, and attempt to reduce payouts. That knowledge matters when a policyholder is facing a powerful insurance company alone.
Ray Maples began his legal career handling personal injury litigation for large corporations and insurance companies before choosing to fight for injured people. That background gives the firm valuable insight into how insurers think and operate. Rilee Harrison prepares cases as if they may go to trial, a strategy that can create leverage when an insurance company refuses to act reasonably. Christian Zeaman brings decades of Oklahoma legal experience and a strong belief that lawsuits can promote accountability and deter wrongful conduct. Joseph Albert is a dedicated Oklahoma trial attorney who uses his experience defending insurance companies to aggressively advocate for individuals and families facing life-changing injuries and losses.
Our firm offers free consultations, and we use a client focused approach. We know that many people who contact us are not sure whether they have a bad faith case. They may only know that something feels wrong. We can help review the facts, explain your options, and determine whether the insurance company’s conduct should be challenged.
What Should I Bring to a Free Consultation?
Bring your insurance policy, denial letter, claim number, emails, texts, photographs, estimates, medical records, bills, and any notes from phone calls with the insurance company. If you do not have everything, do not let that stop you from reaching out. An attorney can help identify what may be missing.
It is also helpful to prepare a basic timeline. When did the loss happen? When did you report the claim? What did the insurance company ask for? What did you provide? When did the insurer deny, delay, or underpay the claim? Who did you speak with? What explanations were given?
The more information you bring, the easier it is to evaluate whether the insurer had a reasonable basis for its actions. But even if you are overwhelmed or unsure where to start, a consultation can help you understand the next step.
Call Our Oklahoma City Insurance Bad Faith Attorneys
Call Maples Harrison Zeaman PLLC today at (405) 705-5050 for a free consultation with an Oklahoma City insurance bad faith attorney.
Awards & Memberships
Maples Harrison Zeaman PLLC is an Oklahoma City personal injury law firm whose awards, ratings, and professional memberships reflect a commitment to representing injured clients across the state.
Rated “Superb”
by Avvo, a national attorney ratings organization
“AV” Rated
by Martindale-Hubbell, the highest rating for legal ability and ethics
Listed among the Top 100 Trial Attorneys
in Oklahoma by The National Trial Lawyers
Lifetime member of the Million Dollar Advocates Forum
Lifetime member of the Multi-Million Dollar Advocates Forum
Member and officer
of the Bar of the U.S. Supreme Court since 2015
Oklahoma Bar Association
Oklahoma Trial Lawyers Association
Oklahoma Association for Justice
American Association for Justice