Imagine being disabled and unable to earn a living, and not receiving the payments your insurance policy provides for. You have been making payments for years, or decades, and precisely when you need help, the funds you need to live your daily life are withheld.
Rosen Hagood is a recognized leader in South Carolina insurance bad faith actions. As typically seen in these cases, an insurance company has failed to make payments to an insured as required to by their policy. Insurance is a legal contract between the insured and an insurance company. The insured agrees to pay premiums and the insurance company agrees to cover damages or provide benefits for certain events. Under the law, this contract requires the insurance company to deal fairly with the persons they insure. The insurance company cannot look for a way to escape the obligation to investigate a claim or to pay the insured. If they do, it’s bad faith.
If an insurance company is found to be in bad faith, the damages can be considerable, including actual, consequential, and punitive damages and potentially attorneys’ fees. As a result, these cases are textbook high-stakes litigation, particularly if a case goes before a jury rather than being settled. The exposure the insurer faces is enormous. These cases are hard-fought and demanding.
For a local law firm, Rosen Hagood’s experience in this field is unusual. Bad faith actions are infrequent and challenging. They require an in-depth knowledge of insurance company policies and practices, and are very document-intensive. It is not uncommon to review tens of thousands of pages of information in the course of these matters. They are also challenging in that they are suits against massive companies, with essentially limitless legal resources, and a plaintiff who is often under considerable financial and personal pressure.
Our unique experience in representing insureds in bad-faith actions against insurance companies makes us the first choice for clients who believe their insurers have not treated them fairly. We have decades of experience in these cases and have successfully litigated against some of the largest insurance companies in the United States. In one of these matters, we helped make new law, redefining the damages insureds are entitled to when bad faith is found.
We have experience in negotiating with big insurance companies – applying pressure when and where it’s needed, and balancing the desire to settle a matter and receive compensation with the strategic advantage obtained by additional proceedings. And because we are a small firm, we can also provide personal service and attention to a degree larger firms simply cannot match.
When an insurance company fails to keep its promises, insureds are afforded only one opportunity to obtain a remedy. We provide the very highest level of strategic thinking and aggressive advocacy. We also never lose sight of the fact that our clients are human beings, they they’ve already suffered through a life-changing trauma, and that our job is simply to help them get what they’ve already paid for.