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Taylor
Taylor, Attorney
Category: Personal Injury Law
Satisfied Customers: 218
Experience:  Attorney
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IN CALIFORNIA, CAN ONLY THE INSURED FILE A BAD FAITH CASE,

Customer Question

IN CALIFORNIA, CAN ONLY THE INSURED FILE A BAD FAITH CASE, AND NOT BY THE PLAINTIFF/ACCIDENT VICTIM? if NOT, CAN THAT PLAINTIFF INSTEAD FILE AN INFLICTION (NEGLIGENT OR INTENTIONAL ) OF EMOTIONAL DISTRESS.ASSUMING THE FACTS FOR THIS EXIST...( admitted LIABILITY BY THEIRT INSURED, BUT ONLY A LOW BALL SETTLEMENT OFFER...SO THE NEED TO FILE.)
Submitted: 4 months ago.
Category: Personal Injury Law
Expert:  Taylor replied 4 months ago.

Hi my name is ***** ***** i wold be happy to help you!

Expert:  Taylor replied 4 months ago.

is the insured a different person than the plaintiff?

Expert:  Taylor replied 4 months ago.

here are the requirements in CA (plaintiffs must plead that):

1- they are in a contractual relationship with the insurance company or are an express beneficiary of an insurance policy

2-that benefits are due under the policy; and

3- that the insurance company’s withholding of benefits is unreasonable. (See, e.g., Progressive West Ins. Co. v. Yolo County Superior Court (2005) 135 Cal.App.4th 263, 278 [37 Cal.Rptr.3d 434].)

Expert:  Taylor replied 4 months ago.

if you are either the contractual relationship OR a beneficiary because of benefits covering you in an accident, then you would be able to bring a bad faith claim. Does that adequately answer your question?

Expert:  Taylor replied 4 months ago.

Is there anything further i can help you with? If i have answered your questions i would greatly appreciate a positive rating as thats the only way i am compensated by JA for my time and efforts. Thanks for using JA and best of luck!

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