FOLLOW US

America January 19, 2023 3 mins read

Insurance Bad Faith: The Consequences of Denying Valid Claims

America ı By Samuel Lopez

0 Comments

Untitled

(USA Herald) - When a policyholder suffers a loss and makes a claim on their insurance policy, they expect their insurer to act in good faith and fairly evaluate and pay the claim. However, not all insurers live up to their obligations. In some cases, insurers may engage in bad faith conduct by denying valid claims or delaying payments without a valid reason. The recent case of Vandervert Construction Inc. v. Allied World Specialty Insurance Co. et al. in the U.S. District Court for the Eastern District of Washington highlights the consequences of such bad faith conduct.

In this case, Vandervert Construction, a contractor, filed a claim for over $7.5 million in storm-related damage to a Hilton hotel it was building. The damage was caused by water leaking from the hotel's unfinished roof in 2016. The contractor held builder's risk policies with Allied World Specialty Insurance and Westchester Fire Insurance. However, the insurers denied the claim, citing a rain exclusion in the policies.

U.S. District Judge Mary K. Dimke issued an order granting the insurers partial summary judgment, saying the rain exclusion in the policies prevented coverage. The judge wrote in her order, "The inevitable conclusion is simple: It rained. Vandervert's invention of a separate peril would vitiate all meaning from the rain exclusion."

While the court's decision may seem reasonable on the surface, it's important to note that the judge declined to rule on whether the insurers acted negligently or in bad faith, or whether they violated the state's Consumer Protection Act.

Vandervert attempted to argue previously that damage to the hotel it was building was caused by ponded water, which the insurers called an improper re-characterization of rain damage. The judge also wrote that she was not ready to say whether the insurers' delays in responding to Vandervert's claim were "motivated by a frivolous or unfounded reason."

This case highlights the importance of thoroughly investigating and evaluating insurance claims. A fair and prompt investigation is essential to determining whether the insurer's denial of the claim is justified and to prevent bad faith conduct. As investigative paralegal with the USA Herald, Samuel Lopez, has stated, "Insurance bad faith conduct not only harms policyholders but also undermines the integrity of the insurance system as a whole."

The failure of an insurer to properly investigate and evaluate a claim can lead to severe consequences for both the policyholder and the insurer. Policyholders may be left to bear the financial burden of their loss, while insurers may face bad faith claims and penalties.

It's important for policyholders to understand their rights and for insurers to fulfill their obligations. Policyholders should consult with legal experts if they believe their insurer has acted in bad faith. Insurers, on the other hand, should ensure that they are conducting fair and thorough investigations of claims and acting in good faith towards their policyholders.

In conclusion, the recent case of Vandervert Construction v. Allied World Specialty Insurance Co. et al. serves as a reminder of the importance of insurers acting in good faith and thoroughly investigating and evaluating insurance claims.

 

Previous Article

North Carolina’s 2024 Gubernatorial Election Begins

Read More
1979 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 15, 2026 Starlink Restrictions Hit Ukraine’s Drones; Musk Points to Trump By – Michallie Harrison
America October 15, 2026 Trump Scraps Hegseth’s Execution Livestream After Backlash By – Michallie Harrison
America October 15, 2026 Trump Weighs ‘Mother of All Bombs’ for Iran, CNN Reports By – Michallie Harrison
America October 15, 2026 Killed by Police Officer? Sandra Birchmore Case By – Jackie Allen
America October 15, 2026 Katie Zacharia’s Lawyer Claims Trigger Bar Complaint By – Michallie Harrison
America October 15, 2026
Bukele Plans Conditional Release for Thousands…

By Samuel López | USA Herald EL SALVADOR – President…

By – Samuel Lopez
America October 14, 2026
Massive Cyberattack Targets Refrigerators In Supermarkets…

What Shoppers and U.S. Supermarkets Need to Know Hackers remotely…

By – Samuel Lopez
America October 14, 2026
Texas Sues Gerber and Nestlé Alleging…

What Parents Need to Know Texas alleges Gerber’s own testing…

By – Samuel Lopez
America October 14, 2026
Millions of Drivers May Have Fed…

What Drivers Need to Know More than 15 million motorists…

By – Samuel Lopez
America October 14, 2026
OpenAI Says Ex-Employee Took 100+ Secret…

What the Court Fight Just Revealed OpenAI says a former…

By – Samuel Lopez
America October 14, 2026
U.S. Sends Hundreds of Troops Into…

Key Takeaways The United States is reportedly sending roughly 600…

By – Samuel Lopez
America October 14, 2026
ICON $200M Series D Puts 3D-Printed…

Most homes take months of hammers, crews and weather delays.…

By – Tyler Brooks
America October 14, 2026
7-Eleven $2.3M Settlement Ends Tobacco Surcharge…

Quitting a habit is supposed to be rewarded. For some…

By – Tyler Brooks
America October 14, 2026
Netflix Cuts 1,000 Jobs Raising Questions…

What Netflix Workers and Investors Need to Know Netflix is…

By – Samuel Lopez
America October 14, 2026
Zocdoc Acquires Sohar Health in First…

Some companies spend two decades building before they ever buy…

By – Tyler Brooks
America October 14, 2026
US Cuts Obamacare Subsidies for 189,000…

Audits rarely make headlines until the numbers get big enough…

By – Tyler Brooks
America October 14, 2026
Drake Bell SAG-AFTRA Insurance Eligibility Dispute…

Thirty-five years in the business can still leave an actor…

By – Tyler Brooks
America October 14, 2026
Bus Stop Fight: Georgia Prosecutor Declines…

A Bus Stop Fight involving two middle school students in…

By – Jackie Allen
America October 13, 2026
Trump Ally Pitches Ballot Seizures, Talks…

WASHINGTON — Attorney Peter Ticktin, an ally of President Donald…

By – Michallie Harrison
America October 13, 2026
Bank of America Fined $1.2B After…

WASHINGTON — Federal regulators imposed more than $1.2 billion in…

By – Michallie Harrison
America October 13, 2026
Archbishop to Catholic Troops: Seek Firing…

WASHINGTON — Archbishop Timothy Broglio is directing Catholic troops assigned…

By – Michallie Harrison
America October 13, 2026
Trump’s Fight to Shield DOGE Records…

WASHINGTON — The Supreme Court agreed Tuesday to hear the…

By – Michallie Harrison
America October 13, 2026
SETI Scientists Hunt For Alien Technology…

What Scientists Are Watching Researchers are proposing a forensic search…

By – Samuel Lopez
Business October 14, 2026
Six Senators, Including Four Republicans, Demand…

WASHINGTON, D.C. — A bipartisan group of six U.S. senators,…

By – Derek Johnson
America October 13, 2026
Standing Rock Reopens Dakota Access Pipeline…

What’s at Stake Beneath Lake Oahe Standing Rock is asking…

By – Samuel Lopez
America October 13, 2026
Trump Forces Kimberly Guilfoyle to Resign…

Kimberly Guilfoyle, the U.S. ambassador to Greece and a longtime…

By – Jackie Allen
America October 13, 2026
Ilhan Omar Faces Federal Search as…

Ilhan Omar, is a current Minnesota Democratic congresswoman known for…

By – Jackie Allen
America October 13, 2026
David Grusch Takes Pentagon FOIA Fight…

Key Takeaways Former U.S. intelligence officerDavid Grusch is fighting the…

By – Samuel Lopez
America October 12, 2026
Corcept Moves to Bar Retired Federal…

What’s at Stake in the Korlym Fight Corcept Therapeutics wants…

By – Samuel Lopez
America October 12, 2026
Selma Blair Faces Issues After Alleged…

Selma Blair, the actress known for her roles in Cruel…

By – Jackie Allen
America October 12, 2026
Medicare Insurer Sues CMS After Star…

What’s at Stake Alignment’s largest California Medicare Advantage contract fell…

By – Samuel Lopez
America October 9, 2026
Mother of Dead Russian Plague Lab…

What Readers Need to Know Darya Shipilova’s mother says the…

By – Samuel Lopez
America October 9, 2026
Cornell Rape Case Raises a Difficult…

SIDEBAR Major research generally places demonstrably false sexual-assault reports at…

By – Samuel Lopez
America October 9, 2026
Kevin Hart’s 2017 Sex Tape Could…

SIDEBAR Kevin Hart’s former assistant Miesha Shakes has identified both…

By – Samuel Lopez
America October 8, 2026
Hegseth’s Execution Livestream Is a Disgrace

The Pentagon plans to livestream the firing-squad execution of Nidal…

By – Michallie Harrison
America October 11, 2026
AP Poll Top 25: Georgia Claims…

Georgia has reclaimed the top spot in the AP Poll…

By – Rachel Moore
America October 10, 2026
A.J. Armstrong: Former NFL Player’s Son…

 HOUSTON — Antonio “A.J.” Armstrong Jr., the son of former…

By – Jackie Allen
America October 9, 2026
NFL Pro Tyreek Hill Takes the…

What the Jury Is Hearing Lakeeta “Keeta” Vaccaro Hill testified…

By – Samuel Lopez
America October 9, 2026
Terrell Owens Sued By Nolan Wells’…

What Readers Need to Know Three young men who were…

By – Samuel Lopez
America October 3, 2026
California Sends Cease and Desist Letter…

What Matters in This Fight California regulators have reportedly ordered…

By – Samuel Lopez
America October 3, 2026
Costco Faces $5 Million Sugar-Free Lawsuit…

By Samuel López | USA Herald Costco Wholesale Corporation is…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter