Leisa Stallworth v. Shelter Insurance Company

Tulsa, Oklahoma insurance law lawyer represented Plaintiff who sued defendant on a breach of contract theory.



In Oklahoma, an insurance company can be held liable for bad faith breach of an insurance contract if it unreasonably denies or delays payment of a claim. To establish a bad faith claim, the insured must show that the insurer:



Knew or should have known that its denial or delay of payment was unreasonable;

Acted with a conscious disregard for the insured's rights; and

Caused the insured to suffer damages as a result of its actions.



The standard for determining whether an insurer's conduct is unreasonable is whether a reasonable insurer would have denied or delayed payment under the same circumstances. In making this determination, the court will consider the following factors:



The insurer's knowledge of the facts;

The insurer's conduct in investigating the claim;

The insurer's reasons for denying or delaying payment; and

The prejudice to the insured caused by the insurer's actions.



If an insurer is found to have acted in bad faith, the insured may be entitled to recover damages for:



The amount of the claim;

Interest on the amount of the claim;

Punitive damages; and

The insured's reasonable attorney's fees.



If you believe that your insurance company has acted in bad faith, you should contact an attorney to discuss your legal options.



Here are some examples of bad faith insurance claims in Oklahoma:



An insurance company denies a claim for property damage after a fire, even though the insured has met all of the requirements of the policy.

An insurance company delays paying a claim for medical expenses, even though the insured has submitted all of the necessary documentation.

An insurance company refuses to settle a claim for an injury, even though the offer is within the policy limits.



If you believe that your insurance company has acted in bad faith, you should contact an attorney to discuss your legal options.

MOTION to Enforce Settlement Agreement ) by Shelter Insurance Companies ; (With attachments) (Gunn, Andrew) (Entered: 05/31/2023)