Our office opens regular office hours during COVID-19 Emergency.
Justia Lawyer Rating
Super Lawyers
BBB Rating A+
Avvo Rating 10.0
Consumer Attorneys California
AV Preeminent

Bad Faith

Under California law, a covenant of good faith and fair dealing is implied in every contract, including insurance policies. Insurance companies can be held liable for “bad faith” with the assistance of a San Diego insurance bad faith lawyer in a variety of situations based on the unreasonable withholding of insurance policy benefits. For example, with first-party property damage claims under homeowners and automobile policies, insurers have a duty to make a thorough and prompt investigation of the insured’s claim for benefits. Insurance companies are exposed to potential “bad faith” liability for failing to make a proper investigation and for unreasonable delay or withholding of policy benefits.

In third-party cases, where the insured has potential liability coverage for lawsuits filed by third parties, insurance companies can be liable for bad faith based on an unreasonable refusal to settle, as well as a delayed or unreasonable settlement. An insurer’s unreasonable refusal to defend also constitutes “bad faith”.

Bad faith liability exposes an insurance company to tort damages, in addition to contract damages. Damages that a San Diego insurance bad faith attorney help you potentially recover include emotional distress caused by the insurer’s conduct, as well as punitive damages. In addition, an insured can recover attorney’s fees (Brandt fees) incurred to obtain policy benefits that were wrongfully and unreasonably denied by the insurer.
Client Reviews
"Walton Law Firm was amazing. Very professional, but personal. Having a lawyer to make sure that everything is taken care of removed so much stress." - Wayne G., Encinitas
"After my husband was killed in a motorcycle accident, Randy was there from the moment I first called." - Suzanne S., Escondido
"Calling Randy was the best decision I could have made. He got me an excellent settlement that covered all my medical bills and put a sizable chunk of money in my pocket." - Erik S., San Marcos
"Truly as good as it gets, if not beyond great, for Randy Walton and his paralegal Sarah Earnest. He and she are both incredibly dedicated to what they do and I never felt I couldn't trust him." - Natalie T., Lake Elsinore
"Randy is a great lawyer and a better person. He went above and beyond the call of duty to reach a settlement in my case. He believed in my case when no one else did." - David C., San Diego