Your Rights During a Bad Faith Claim
If you’re a policyholder in Dallas facing a third-party insurance claim, your rights are protected under the Texas Stowers Doctrine. This legal principle holds insurers accountable when they fail to protect you from excessive financial liability during settlement negotiations.
For example, if someone is injured in a car accident, slip and fall, or other incident and files a claim against your auto, homeowner’s, renter’s, or business insurance policy, your insurer must act reasonably and in good faith to defend and settle the claim.
Your insurance company cannot simply deny or ignore a legitimate settlement offer that could protect you from a larger financial judgment later.
What the Stowers Doctrine Means for Policyholders
Under Texas law, your insurer must exercise the same level of care and diligence that an ordinary, prudent person would use in handling their own affairs. The Stowers Doctrine applies when:
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The settlement demand falls within your policy limits;
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The claim is covered under your insurance policy; and
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A reasonable insurer would accept the offer to avoid exposing you to greater liability in court.
If your insurance company fails to settle when it reasonably should, and you end up with a judgment exceeding your policy limits, you may have grounds to file a bad faith or Stowers lawsuit against your insurer. This situation often occurs when an insurance company wrongly denies or delays a claim, or refuses to negotiate in good faith, leaving the policyholder financially exposed.
Filing a Bad Faith Claim Against Your Insurer
If you believe your insurer acted improperly or unlawfully during a third-party claim, contact a Dallas insurance bad faith attorney immediately.
Our team at The Law Giant, Personal Injury & Accident Lawyers will:
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Review your policy and claim history;
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Analyze the insurer’s handling of your case; and
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Determine whether there’s evidence of bad faith or a Stowers violation.
If the insurer’s failure to act in good faith caused you to lose a settlement opportunity or face a major judgment, we’ll help you pursue compensation for your financial losses.