When an insurance company violates its duty of good faith and fair dealing, a policyholder should have a remedy for the insurance company's breach of duty.
West Virginia highest court has ruled that an insurer did not waive its policy's vacancy provision by continuing to renew the policy after it became aware, at the time of a vandalism claim, that the building was vacant.
There is a growing concern that claims adjusters too commonly deny claims without performing a reasonable investigation of the injury and ignore pertinent information they do have in their possession at the time a denial is issued.