Understanding Insurance Coverage and Bad Faith Claims
Due to the recent bout of bad weather, we have been contacted by a number of people asking about insurance claims issues. Typically, after getting a brief explanation as to what happened, I am asked, "Am I covered?"

Insurance policies are a contract between the insurance company and the insured. The first step for a policyholder is to review their policy, including all endorsements and forms. This helps determine:

• Who is considered an “insured” under the policy.
• Whether the event in question is a “covered peril.”
• Whether any exclusions apply that could allow the insurer to deny coverage.

Obligations of the Insured
An insured has a responsibility to notify their insurer in a timely manner when making a claim. In some cases, an insurance company may either:

• Deny a claim outright, or
• Issue a reservation of rights letter, which notifies the insured that coverage issues may exist.

What is Insurance Bad Faith?
In all insurance claims cases, the insurance company must:

• Use good faith and honest judgment in handling claims.
• Exercise the same level of care and diligence that a prudent person would in managing their own business.

Failure to do so could give rise to a bad faith claim against the insurer.

Bad Faith Claims Against Insurance Companies
A bad faith insurance claim can involve both contract law and tort law. These claims generally fall into three categories:

• Breach of the Implied Covenant of Good Faith and Fair Dealing
  • Insurance companies must act in good faith when handling claims. If they unreasonably deny or delay a claim, they breach this covenant.
• Negligence Claims
  • If an insurer fails to properly investigate or process a claim, they may be held liable for negligence.
• Statutory Violations
  • Connecticut law provides additional protections under:
    
    • The Connecticut Unfair Insurance Practices Act (CGS § 38a-815)
    • The Connecticut Unfair Trade Practices Act (CGS § 42-110a)

What to Do if Your Insurance Company Acts in Bad Faith
If you suspect your insurer is treating you unfairly:

• Keep detailed records of all interactions, including:
  
  • Dates and times of calls.
  • Names of representatives spoken to.
  • Notes on what was discussed.
• File a complaint with the Connecticut Insurance Commissioner's office, which will investigate your claim.
• Seek legal assistance from an attorney experienced in insurance law to protect your rights.

Protect Yourself
If you believe your insurance company is acting in bad faith, don't face them alone. Reach out to Hastings, Cohan & Walsh, LLP today for a free consultation. Our experienced Connecticut personal injury attorneys are dedicated to ensuring your rights are protected and enforced.

Whether you're dealing with insurance denials, bad faith claims, or policy disputes, we are here to help. Contact a trusted Connecticut insurance claim attorney to navigate the legal process and fight for fair compensation.

Call 888-244-5480 for a free consultation or visit www.hcwlaw.com to download a free eBook on what you should be doing—and what you should avoid doing—when dealing with an insurance claim.