Houston, TX personal injury attorney Richard Plezia describes what a bad faith insurance claim is and his experience in this area working on them.
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Well, there’s two different types in Texas there’s what we call third party bad faith or first party bad faith. First party bad faith is where your insurance company let’s say for a homeowners comes in, looks at damages, and gives you an unreasonable offer to settle your case. You find that a lot in hurricane type cases and we’ve handled a lot of hurricane type damages where a house suffers certain damages and either the delay is made for payment or it’s an unreasonable payment that’s made and that’s your first party.
Your third party is where you put the other person’s insurance, like the defendants insurance carrier on notice that you have a very high damage claim and they don’t offer you their policy limits in a reasonable time. And as a result of that, you get a jury verdict over that. You can actually get a turnover order and go after the insurance company directly for the remainder of your damages that you got in the first portion of the case.