In Missouri, a first-party bad faith claim against an insurer is known as a vexatious refusal to pay claim. If the insurer fails to pay or refuses to pay for 30 days after receiving a demand according to the insurance contract terms, and this refusal is vexatious and without reasonable cause or excuse, a plaintiff may recover damages and attorneys’ fees. When determining whether an insurance company has unreasonably refused, the court will look at the facts presented to the insurer when it was asked to pay.
If you or a loved one have suffered serious injuries or the loss of a loved one, as the result of someone else’s negligence or misconduct, you may have grounds to bring a lawsuit. Often, an insurer for the other party will try to shift the blame in order to avoid paying damages. It is important to consult an attorney before talking to the other party’s insurance adjustor.
At the A.W. Smith Law Firm, our Columbia personal injury attorneys can present your case effectively, so that you can assert your rights to the fullest extent of the law. Contact us today for a free initial consultation if you need a car accident attorney or representation in any other type of personal injury or wrongful death claim.