By Mark R. Schmidt, Esquire
?Insurance Fraud? usually causes a person to think about an individual seeking benefits or money from an insurance company based on untrue or misrepresented facts. The reason for this perception is because the insurance industry spends a significant amount of money to run television and radio advertisements, post billboards and otherwise ?socialize? the public into believing that insurance fraud is only committed by individuals against insurance companies. However, insurance fraud also applies to improper tactics used by insurance companies to deny or discourage individuals from pursuing legitimate claims.
In a general sense, the Unfair Insurance Practices Act, 40 P.S. Sect. 1171 (a.10) prohibits insurance companies from engaging in the following practices:
? denying claims without performing an adequate investigation;
? misrepresenting the amounts and/or existence of coverage;
? failing to negotiate a settlement in good faith when liability is clear; or
? appealing Decisions as a matter of policy, solely to negotiate a settlement for less than the amount awarded.
Additional Practices Which Constitute Unfair Insurance Practices
There are additional practices which constitute ?unfair? insurance practices which may subject insurance companies to Criminal or Civil penalties. The common thread behind these provisions is that insurance companies must exercise Good Faith in their handling of claims ? both in regard to protecting their insured AND in dealing with the injured person.
The Pennsylvania Worker?s Compensation Act includes additional provisions. Insurance companies may not make any statement known to be false regarding an injured worker?s entitlement to benefits, with the purpose of discouraging the injured worker from pursuing their claim. Violation of this law may result in a criminal conviction and an Order to pay restitution. 77 P.S. Sect. 1039.2-.6.
Philadelphia Workers? Compensation?& Personal Injury Lawyers Located in Media, PA
If you have been injured in a workplace accident, car accident, slip and fall or other type of accident resulting in personal injuries, you need the skill and experience of an attorney who knows the law and will protect your rights. The?Philadelphia Workers? Compensation?and personal injury lawyers at Schmidt, Kirifides & Fridkin will make sure that the insurance company acts fairly and will obtain the maximum compensation available for you. For a FREE consultation, contact us online or call toll-free 1-877-268-6466. With offices in Philadelphia and Media, Pennsylvania, and Wilmington, Delaware, we have a location convenient to serve you.
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