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N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9134
Experience:  since 1983
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We had a fire our ins co sent out an agent that cursed every

Customer Question

we had a fire our ins co sent out an agent that cursed every other word then after getting fired for wrongful conduct with a woman in a local motel while working on our claim then asked us to lie to his supervises about the time he came to inspect damages. the next agent lied to us twice telling us debris wasn't covered then told us only for a small percent. then after him giving the claim to his supervisor she turnd it over to an outside co that fixed the numbers shorting us thousands. this is just to name a few ways they have done us bad and we are still trying to get them to pay a fair amount. what can we do
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  N Cal Attorney replied 1 year ago.

I am sorry to hear this.

In which State is the property located?

Does the policy have an arbitration clause?

Customer: replied 1 year ago.
Oklahoma. No arbitration clause or at least I don't think.
Expert:  N Cal Attorney replied 1 year ago.

It sounds like the insurer is acting in bad faith.

Misrepresenting coverage is generally considered an act of bad faith.

There is an extensive discussion of this issue posted at

http://adams.law.ou.edu/olr/articles/vol59/106Kernannoteblu.pdf

citing an Oklahoma Supreme Court opinion which sates:

"[W]hen the insurer unreasonably and in bad faith withholds

payment of the claim of its insured, it is subject to liability in tort.

We approve and adopt the rule that an insurer has an implied duty

to deal fairly and act in good faith with its insured and that the

violation of this duty gives rise to an action in tort for which

consequential and, in a proper case, punitive, damages may be

sought."

You can get a free consultation from some of the bad faith attorneys listed by location at

http://lawyers.findlaw.com/lawyer/practicestate/bad-faith-insurance/Oklahoma

You can file a complaint with the Insurance Department, see

http://www.ok.gov/oid/Consumers/Consumer_Assistance/File_a_Complaint.html

but I suggest that you consult with an attorney who specializes in this type of case prior to taking any action.

Please follow up on this with a local attorney.

I hope this information is helpful.