"Good Faith to an Insurance Company is, what do we do to maximise our profits and then what steps do we take, in order to accomplish that? And that's at the peril of the insured!" Quoted from a video by Richardson Law Firm


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Insurance Claim Bad Faith

AUSTRALIA INSURANCE CONTRACTS ACT 1984 - SECT 13

"The duty of the utmost good faith. A contract of insurance is a contract based on the utmost good faith and there is implied in such a contract a provision requiring each party to it to act towards the other party, in respect of any matter arising under or in relation to it, with the utmost good faith".

Insurance Contracts Act 1984 [Amended 24/07/08] Download PDF Version

Visit Commonwealth Of Australia Law
for more information.


What Is Insurance Claim Bad Faith? - How Will It Effect You?

Insurance Claim Bad Faith is a legal term of art, that describes a 'tort claim', that an insured person may have against an Insurance Company, for its Bad Acts. Under the law of most jurisdictions in the United States, Insurance Companies owe a Duty of Good Faith & Fair Dealing to the persons they insure. This duty is often referred to as the "implied covenant of good faith and fair dealing", which automatically exists by operation of law in every insurance contract.

If an Insurance Company violates that covenant, the insured person (or "policyholder") may sue the company on a 'tort claim' in addition to a standard breach of contract claim.

The contract-tort distinction is significant because as a matter of public policy, punitive or exemplary damages are unavailable for contract claims, but are available for tort claims. The end result is that a plaintiff in an Insurance Bad Faith case, may be able to recover an amount larger than the original face value of the policy, if the insurance company's conduct was particularly egregious. - Source - Wikipedia

Friday, July 10, 2009

Home Insurance Claim Denial - Find Clues!

A CLUE To Why Your Home Insurance Maybe Denied

The CLUE Why Your Home Insurance May Be Denied!

Make Sure You Do Your Home Insurance Homework Before Buying Your Home!

You Need To Have A Clue As To Whether Your Insurance Company Will Insure Your Home!

The Last Thing You Want Is A Home Insurance Claim Denied!

The following excerpt is taken from an article, by Paul Banister of Bankrate.com.

CLUE is the Comprehensive Loss Underwriting Exchange, which tracks insurance-claim histories of both people and properties, and it can be a major roadblock on the highway to homeownership.

Home buyers who have never made a claim on their own policies are finding themselves being rejected for insurance coverage on the house they've just bought, because the house itself has a poor CLUE record.

If you can't get insurance coverage, you can't get a mortgage. Worse, if you pay cash for a house and then get turned down for coverage, you can find yourself between a rock and a hard place -- either paying excessive premiums to get your property protected or "going bare" with no insurance protection against a variety of perils.

"Buyers assume that because they have a good insurance history that getting a policy on their new home will be routine," says John Dixon, a Chicago real estate lawyer.

You might find, after closing, you can't get a policy, and you're in breach of your mortgage, which requires you to keep the property -- the lender's collateral, after all -- protected.

Visit Bankrate.com for the full report.

Our further investigation and your input, may provide an answer for our Australian readers, as to whether there is a similar database here in Australia?

Another great article on the CLUE database can be found on privacyrights.org. This website explains in detail the CLUE database, how to get a report and further tips for Insurance Consumers.

The CLUE Why Your Home Insurance May Be Denied!

Bad Faith Insurance News

Home Insurance Claim News