The Court of Appeals of Wisconsin issued a decision setting forth the requirements for a bad faith insurance claim. Back in 2007, a driver sustained alleged injuries after his vehicle collided with another vehicle without any insurance. The driver sought coverage for his injuries under the uninsured motorist coverage provisions of his insurance policy. The insurer denied the driver's request for coverage, claiming that his injuries were due to a pre-existing condition. The driver sued his insurer, claiming that the insurer acted in bad faith by denying the claim. The trial court dismissed the driver's lawsuit, holding that the driver failed to allege that the coverage for his insurance claim was not "fairly debatable." The driver appealed. The Court of Appeals upheld the trial court decision, ruling that an insured person must show some evidence that an insurance company's denial of a claim was "unreasonable" to proceed on a bad faith insurance claim. Read the Court of Appeals decision here.
The Milwaukee personal injury attorneys of Samster, Konkel & Safran, S.C. have extensive experience dealing with insurance companies. We do our best to make sure that our injured clients receive the maximum amount of insurance coverage available for their injuries.