These cases can come about as a result of a dispute with your
automobile insurance carrier, your health insurance carrier,
your home insurance carrier, your business insurance carrier,
or your disability insurance carrier.
There are a number of different possible causes of action
against the insurance companies depending on the nature and
extent of their conduct. The claims can vary from a simple
breach of contract to a breach of a fiduciary duty and a bad
faith claim. In the latter two instances, there may be a situation
where the breaching party could also be considered a fiduciary
which means a special relationship between the two parties
which subjects the breaching party to additional penalties.
Furthermore, there are situations involving insurance companies
that they owe a duty of fair dealing to the insured and a
breach of that duty may subject them to a bad faith claim.
Generally these claims for breach of contract must be brought
within 6 years from the date of the breach. There are certain
instances that there may be a shorter statute of limitations
depending on the type of contract involved.