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BAD FAITH

Insurance Coverage and Bad Faith Claims

Are you getting the run-around from your insurance company on a claim you believe they should have settled?  This is not uncommon. Insurance companies maximize their profit margin by making more money in policy premiums than they are required to pay in settlement of insurance claims. All too often insurance companies have an unspoken practice of denying claims they receive, hoping those who are denied settlement will give up and go away.  

Under North Carolina law, insurance companies must adhere to an implied duty of good faith and fair dealing in evaluating claims against the policies they issue.  Pursuant to this implied duty, insurance companies are obligated to conduct a legitimate review of each and every claim and consider all the facts and evidence presented in each matter. An insurance company acting in a manner consistent with this implied duty will not deny claims outright, and will not search for policy exceptions or other reasons to deny a claim without due process.  If you believe your insurance claim was denied without a full and fair review, you may have a claim for bad faith against the insurance company.

There are many reasons that an insurance company can use to deny a claim against their policy. Bad faith denials can include a decision that the person claiming damages is not insured under the policy, or that the loss you suffered is not covered.  Proving that an insurer acted in bad faith in failing to settle a claim can prove challenging. Claims made directly against insurance companies for bad faith and unfair business dealings involve complex legal issues that require the experience and skill of an attorney who is accustomed to handling bad faith insurance claims. At DeMent Askew & Johnson, we handle bad faith insurance claims for all types of policies, including but not limited to the following:

  • Automobile Liability
  • Uninsured or Underinsured Motorist Policies
  • General Liability
  • Employer Liability
  • Workers Compensation Insurance
  • Professional Liability
  • Property Insurance
  • Homeowners Insurance
  • Accident Insurance
  • Health Insurance
  • Director and Officer (D&O) Liability
  • Errors and Omissions (E&O) Policies
  • Umbrella/Excess Liability/Life Insurance

At DeMent Askew & Johnson, our firm brings more than 40 years of experience in bad faith insurance litigation. We secure a legal advantage for you and level the playing field in combating insurance companies that operate in bad faith.  We put our skill to work to make sure you recover damages and other compensation to which you may be entitled following an insurer’s breach of implied duty to operate in good faith. Call us today to speak with one of our bad faith insurance litigation lawyers. Call today for a consultation with one of our experienced attorneys at 919-833-5555.

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333 Fayetteville Street, #1513
Raleigh, NC 27601-2950

PROVEN TRIAL SUCCESS

North Carolina Crime Lab Firearms Examiner Wins 9 Million Dollar Verdict in 3 ½ Week Long Libel Jury Trial Against the News and Observer

October 14, 2016

9 Million Dollar Verdict is Top Verdict in North Carolina for 2016 as Reported by Lawyers Weekly! Attorney: James Johnson, Dement Askew Date of Verdict: October 2016 In 2006, North Carolina expert firearms examiner Beth Desmond was asked to examine some bullet fragments and shell casings from a homicide crime scene. The incident occurred in…

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Long-time Sales Associate at Plumbing and HVAC Supply Company Receives Confidential Settlement as a Result of Medical Malpractice

July 11, 2016

DeMent Askew & Johnson’s client was in his yard filling a birdfeeder with birdseed when he fell and twisted his left leg in an awkward position. He immediately heard a crack and saw that his left ankle was turned in an awkward position. His wife called 911. EMS arrived and transported him to a local…

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Stroke Victim Resident of a Nursing Home that Was Raped by Co-Resident Receives Large Confidential Settlement

October 11, 2015

DeMent Askew’s client had suffered a stroke years ago. She could not speak as a result of the stroke, and she was also confined to a wheelchair. However, she was still very sharp mentally. She was residing in a nursing home because of her physical limitations. One day, a new resident appeared in the nursing…

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Single Mother on Her Way to Work Hit by Pick-Up Truck Running a Red Light Receives $122,500.00 Settlement Just Before Trial

September 14, 2015

DeMent Askew & Johnson’s client was driving south on Lake Wheeler Road in Raleigh on her way to work. She was approaching the intersection with Centennial Parkway and was intending to travel straight through the intersection. At the same time, the Defendant was driving a large pick-up truck traveling in a northerly direction on Lake…

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Man Moving from Georgia to West Virginia to be Closer to Family Hit by 18-Wheeler in North Carolina Receives $140,000.00 Settlement After Extensive Litigation

January 14, 2019

Mr. Johnson’s client was driving a Dodge pick-up truck northeasterly on the on-ramp for traffic exiting off of I-485 and onto I-77 north in Charlotte. He was in the process of moving from Georgia to West Virginia and was pulling a U-Haul trailer. He had a full load in the bed of his truck. One…

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NC COURT OF APPEALS AFFIRMS MULTI-MILLION DOLLAR JURY VERDICT AGAINST THE RALEIGH N&O

February 12, 2019

In a unanimous opinion filed on December 18, 2018, a three-judge Court of Appeals panel affirmed the $6.12 Million Dollar jury verdict Mr. Johnson and associate Chynna Smith won on behalf of their client, a former state firearms examiner, Beth Desmond, in her libel case against the Raleigh News & Observer and reporter Mandy Locke.…

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9 Million Dollar Verdict is Top Verdict in North Carolina for 2016 as Reported by Lawyers Weekly!

January 14, 2019

Attorney: James Johnson, Dement Askew On a summer afternoon, Mr. Johnson’s client was mowing the lawn at the residence of a friend house in Raleigh. The property line running along the back of where he was mowing the lawn runs alongside and is adjacent to the back of the yard of a house which was…

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Nurse at Local Hospital Involved in Automobile Collision Receives $300,000.00 Settlement After Extensive Litigation

February 11, 2019

Mr. Johnson’s client was driving north on Capital Blvd., approaching the intersection with Wake Union Church Road. The Defendant was driving south on Capital Blvd in a large SUV owned by a local landscaping company. As our client approached the intersection, the traffic light for her direction of traffic was emitting a steady green light.…

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Estate of Elderly Mother of Three That Suffered Through Negligent Care at a Nursing Home Resulting in Death Receives Large Confidential Settlement

November 14, 2016

The deceased was a resident of a North Carolina nursing home. She had recently been sent to a local hospital for an unrelated illness and was recovering well from this prior illness. During this recovery period, she developed an ulcerous wound in and around her sacrum. The nursing home staff failed to timely detect the…

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Part-Time Student and Restaurant Worker Attacked by Two Pit Bulls While Mowing Grass Receives $101,000.00 Settlement After Extensive Litigation Including Separate Lawsuit Regarding Insurance Coverage

February 11, 2019

On a summer afternoon, Mr. Johnson’s client was mowing the lawn at the residence of a friend house in Raleigh. The property line running along the back of where he was mowing the lawn runs alongside and is adjacent to the back of the yard of a house which was being kept two Pit Bull…

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