Sunday, February 23, 2014

Has Fidelity National Title Insurance Company acted in Bad Faith in the Handling of Your Claim????

As I have heard from dozens of claimants insured by Fidelity National Title Insurance Company.  Although the particulars of each claim is unique the handling of the claim is consistent.  Each claimant felt that they either had to fight to get Fidelity to accept the claim and once accepted they were bounced from office to office delaying the handling of the claim and finally found that the claim was not paid to the value of the loss.

Fidelity National Title Insurance Company may breach the implied covenant of good faith and fair dealing, commonly referred to as acting in "bad faith," when they unreasonably  or willfully deny benefits under an existing and enforceable insurance policy on a valid claim.

In other words, it is enough to show bad faith if Fidelity National Title Insurance Company simply handles your claim in an unreasonable fashion.  If Fidelity National Title Insurance Company has acted in bad faith, you have a right to seek legal representation by an experienced bad faith insurance attorney.

Are you involved in a claim on your property with Fidelity National Title Insurance Company please ask yourself the following questions:

1.  Did Fidelity National Title Insurance Company refuse to pay a valid insurance claim?  Sometimes insurance companies refuse to pay a valid claim without any reasonable or valid justification.  Such conduct is quintessential bad faith.

2.  Did Fidelity National Title Insurance Company refuse to pay the full value of your claim under the insurance policy?  An insurance company must pay all that it owes you.  Anything less is unreasonable and in bad faith.

3. Did Fidelity National Title Insurance Company take too long to pay or deny your insurance claim?  Most who buy insurance expect our valid claims to be paid right away.  Generally insurance companies are required to accept or deny your insurance claim within forty days.  Unreasonable and unjustified delay is bad faith.

4.  Did Fidelity National Title Insurance Company refuse to provide an attorney to defend you or your property rights?  Most auto, homeowners and business insurance policies have liability provisions.  This means that if you are sued, and you are covered under the policy, Fidelity National Title Insurance Company has to pay for your attorneys plus other expenses necessary to defend you.  Unreasonably refusing to provide such a defense is bad faith.

5.  Did Fidelity National Title Insurance Company fail to timely, thoroughly, objectively and fairly investigate your insurance claim?  Insurance companies are supposed to be on your side when you file a claim.  Generally, the insurance company is supposed to look for insurance coverage - not ways to deny your claim.  The claim process is not supposed to be adversarial.  The insurance company is not suppose to put its interests above yours.  Failure to investigate your insurance claim fairly and objectively is unreasonable and in bad faith.  (This is the most common complaint that I receive from individuals that are insured by Fidelity National Title Insurance Company.)

6.  Did Fidelity National Title Insurance Company fail to comply with your state's fair claims settlement regulations?  We all need insurance.  In some circumstances it is required by law, such as automobile liability coverage.  Insurance has become a vital part of our society.  Because it is so important and subject to abuse by insurance carriers, some states have passed legislation to regulate insurance carriers.  These regulations tell insurance companies certain things that they must do when adjusting your insurance claim.  And insurance company's failure to follow these regulations is unreasonable and evidence of bad faith.

If you answered yes to any of these questions about Fidelity National Title Insurance Company, you may be entitled to all damages caused by this bad faith conduct including emotional distress, lost income, lost opportunity, insurance attorney fees, interest and other types of damages.

Stand tall, Stand firm.

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2 comments:

  1. Can you give some examples of these actions of bad faith??

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  2. I feel that I can only comment in this way about my own experience with Fidelity National Title but as soon as I have time to write another post I will certainly do so again. I have commented extensively on how I feel Fidelity National Title Insurance Company, in my opinion, mis-handled my claim and I do sincerely believe that they acted in bad faith. Unfortunately after the huge loss that I suffered - I was not financially in a position to fight them in court. In lieu of that I have chosen to help as many as possible with their claims in which Fidelity National Title Insurance Company is representing them (or not) in their investments in real estate - either as an investment or as their home.

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