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Personal Injury

Insurance Bad Faith Attorney in Oklahoma

Your insurance company took your premiums. Now they won't pay your claim. That's not a business dispute—it's bad faith. We hold insurers accountable when they delay, deny, and lowball Oklahoma policyholders.

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Key Takeaways

  • Bad faith = unreasonable conduct: Insurers must promptly investigate, fairly evaluate, and pay valid claims
  • Damages beyond policy limits: Bad faith claims can include punitive damages with no cap in Oklahoma
  • Applies to all policy types: Auto, homeowners, health, life, disability, and commercial policies
  • 36 O.S. § 3629: Oklahoma's statutory framework for bad faith claims against insurers

On This Page

What Is Insurance Bad Faith?

When you pay insurance premiums, you're buying a promise: if something goes wrong, your insurer will be there to pay. Oklahoma law recognizes an implied covenant of good faith and fair dealing in every insurance contract. When insurers violate this duty, they commit "bad faith."

Bad faith isn't simply a disagreement about coverage. It's a pattern of conduct designed to avoid paying legitimate claims. Under 36 O.S. § 3629, Oklahoma policyholders can sue insurers who fail to act in good faith—and recover damages far exceeding the original claim amount.

Good Faith Insurer Conduct

  • Promptly acknowledges and investigates claims
  • Communicates clearly about claim status
  • Fairly evaluates damages based on evidence
  • Pays valid claims without unnecessary delay
  • Explains any denial with specific policy language

Bad Faith Insurer Conduct

  • Denies claims without reasonable investigation
  • Delays response for weeks or months
  • Makes lowball offers ignoring documentation
  • Misrepresents policy language to avoid payment
  • Threatens policyholders who ask questions

Types of Insurance Bad Faith Cases

We handle bad faith claims across all policy types. Click to learn more about each:

First-Party Bad Faith

When YOUR insurer refuses to pay YOUR claim—auto collision, homeowners, health, or disability policies.

Third-Party Bad Faith

When the at-fault party's insurer unreasonably refuses to settle within policy limits.

Storm & Property Claims

Tornado, hail, and wind damage claims lowballed or denied by homeowners insurers.

UM/UIM Bad Faith

Your own insurer fighting against you after a hit-and-run or uninsured driver accident.

Delay & Denial Tactics

Stonewalling, excessive documentation requests, and 'paper to death' strategies.

Health Insurance Bad Faith

Wrongful denial of medical treatment, prior authorization delays, and coverage disputes.

Denied Claims

Wrongful denials without investigation or reasonable basis. We fight back.

Lowball Settlement Offers

Offers far below your documented damages designed to pressure you into accepting less.

Unfair Investigations

Biased IMEs, surveillance abuse, and investigations designed to deny rather than evaluate.

Oklahoma Bad Faith Law

Oklahoma has some of the strongest bad faith laws in the country, providing real teeth for policyholders fighting insurance companies:

36 O.S. § 3629 — Bad Faith Cause of Action

Oklahoma's primary bad faith statute allows policyholders to sue insurers for failing to act in good faith. This creates a tort claim separate from breach of contract, enabling recovery of damages beyond policy limits.

View Statute →

Christian v. American Home (1977)

The landmark Oklahoma Supreme Court case establishing the implied duty of good faith and fair dealing in insurance contracts. This case opened the door to bad faith claims against insurers.

View Statute →

No Cap on Punitive Damages

Unlike many states, Oklahoma does not cap punitive damages in bad faith cases. Juries can award substantial punitive damages to punish egregious insurer misconduct and deter future bad behavior.

36 O.S. § 1250.1 — Unfair Claims Settlement Practices

Oklahoma's statutory framework defining unfair claims practices. While it doesn't create a private right of action, violations are evidence of bad faith conduct.

View Statute →

Common Insurance Company Tactics

Insurance companies have developed sophisticated strategies to avoid paying claims. Recognizing these tactics is the first step to fighting back:

TacticWhat It Looks Like
Delay, Delay, DelayWeeks pass without updates. Adjusters don't return calls. "Still under review."
Paper to DeathEndless documentation requests. Each submittal triggers more requests. Staff turnover loses your file.
Lowball OffersInitial offer is 10-50% of actual damages. Take it or leave it pressure. "Final offer."
Blame the Victim"Pre-existing damage." "Maintenance issue." "You caused this."
Policy MisrepresentationCreative interpretation of exclusions. Citing provisions that don't apply. "Not covered."
Biased InvestigationUsing company-preferred adjusters and experts who always minimize damage.

Document Everything: Keep a log of every call, email, and letter. Note dates, times, and who you spoke with. This documentation becomes critical evidence if you need to prove bad faith conduct.

Damages Available in Bad Faith Cases

Bad faith claims allow recovery far beyond what your original policy would pay:

Compensatory Damages

  • Original claim amount owed under policy
  • Additional costs from the delay (repairs worsening)
  • Interest on unpaid amounts
  • Out-of-pocket expenses caused by non-payment
  • Lost income if delay affected work

Non-Economic & Punitive

  • Emotional distress from the ordeal
  • Mental anguish and anxiety
  • Loss of peace of mind
  • Punitive damages (no cap in Oklahoma)
  • Attorney fees in some cases

Oklahoma Bad Faith Verdicts

Oklahoma juries have returned substantial verdicts against insurance companies for bad faith conduct. Because punitive damages are uncapped, egregious cases can result in multi-million dollar awards—sending a message that insurers cannot abuse their policyholders without consequence.

Related Practice Areas

Bad faith claims often arise alongside other legal claims. We handle the complete picture:

Car AccidentsTrucking AccidentsPersonal Injury

Frequently Asked Questions

Insurance bad faith occurs when an insurance company unreasonably denies, delays, or underpays a valid claim. Under Oklahoma law (36 O.S. § 3629), insurers owe policyholders a duty of good faith and fair dealing. When they violate this duty—through delay tactics, lowball offers, or wrongful denials—you may have a bad faith claim entitling you to damages beyond the original policy amount.
Warning signs include: unexplained claim denials, excessive documentation requests, long delays without communication, lowball settlement offers far below your damages, misrepresenting policy language, failing to investigate your claim, or threatening to cancel your policy if you pursue a claim. If your insurer is making it unreasonably difficult to get paid, consult an attorney.
First-party bad faith involves YOUR insurance company refusing to pay YOUR claim (e.g., your homeowner's insurer denying hail damage). Third-party bad faith involves the at-fault party's insurer acting unreasonably in handling your claim against their policyholder. Both types are actionable in Oklahoma, though third-party claims often arise through assignment after an excess judgment.
You can recover: (1) the original claim amount, (2) consequential damages caused by the denial (additional medical bills, property deterioration, etc.), (3) emotional distress damages, and (4) punitive damages if the conduct was reckless or intentional. Oklahoma allows uncapped punitive damages in bad faith cases, meaning egregious conduct can result in substantial awards.
Oklahoma's statute of limitations for bad faith claims is generally 2 years from the date of the wrongful conduct. However, the specific deadline depends on whether you're pursuing breach of contract (5 years) or tort-based bad faith claims (2 years). Because insurance companies may engage in ongoing bad faith, determining when the clock starts can be complex. Consult an attorney promptly.
Yes, if the denial was unreasonable. Not every denial is bad faith—insurers can legitimately deny claims outside policy coverage. But if your claim is valid and your insurer denies it without reasonable basis, fails to investigate, or ignores evidence supporting your claim, you likely have grounds for a bad faith lawsuit. We evaluate whether the denial crossed the line from legitimate dispute to bad faith.
Key evidence includes: your insurance policy, all correspondence with the insurer, claim denial letters, documentation of your damages (photos, receipts, estimates), records of phone calls and dates, proof of any damages caused by the delay, and evidence of the insurer's investigation (or lack thereof). We subpoena the insurance company's internal claim file to expose their decision-making process.
Potentially. Oklahoma sees significant storm damage claims, and some insurers systematically undervalue roof and property damage. If the insurer's estimate is far below independent contractor estimates, if they used a biased adjuster, or if they're pressuring you to accept inadequate payment, you may have a bad faith case. We regularly handle storm damage underpayment claims across Oklahoma.
Health insurance bad faith cases are complex because many employer-sponsored plans fall under federal ERISA law, which limits your remedies. However, individual health plans purchased directly are subject to Oklahoma state law and full bad faith remedies. If your health insurer wrongfully denied necessary medical treatment, we analyze your policy type to determine available claims.
We handle insurance bad faith cases on contingency—you pay nothing unless we recover compensation. Our fee is a percentage of the recovery, aligned with your success. Initial consultations are always free. This means you can pursue your claim without financial risk, and we're motivated to maximize your recovery.
Oklahoma's Unfair Claims Settlement Practices Act (36 O.S. § 1250.1 et seq.) establishes standards for how insurers must handle claims. Violations—such as misrepresenting policy provisions, failing to act promptly, or not attempting good faith settlement—can constitute evidence of bad faith. While the Act itself doesn't create a private right of action, it informs what conduct is unreasonable under Oklahoma bad faith law.
Yes. Oklahoma allows punitive damages in bad faith cases when the insurer's conduct was reckless, oppressive, or intentional. Unlike compensatory damages, punitive damages are designed to punish the insurer and deter future misconduct. There's no statutory cap on punitive damages in Oklahoma bad faith cases, which is why some verdicts reach into the millions.

Your Insurance Company Has Attorneys. You Should Too.

Don't let insurance companies get away with bad faith. We've recovered millions for Oklahoma policyholders whose claims were wrongfully denied, delayed, or underpaid.

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