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In an insurance bad faith case, can I also sue for false advertising and misrepresentation?

Malibu, CA |

I was shocked when my agent sent a letter thanking me for all my years of business and saying that they're always here for me. This is in the midst of a long delayed claim with little to no investigation and no payments. I am on the verge of filing suit and I receive this ludicrous letter. I would like to tack on false advertising and misrepresentation. Is it possible against a big insurance company?

Attorney Answers 4


  1. Assuming that the facts support it, you can plead any cause of action you wish. However, based on these facts alone it may not be a clear cut case of false advertising / misrepresentation. Best of luck. I would recommend consulting with an attorney to review your potential claims.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. You can include any viable cause of action in your complaint, including causes of action based on Business & Professions Code section 17200 et seq. (unfair competition), false advertising, and fraud/deceit. However, based on the information in your posting without more it is doubtful you will be successful on such causes of action. You may want to consider discussing your case in more detail with an attorney. Perhaps there are additional facts not apparent from your posting which will support such causes of action.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


  3. Best bet is to retain a local lawyer to hold their feet to the fire, and get your claim paid.


  4. The false advertising claim would have to be about some advertising that the insurance carrier made to you about what your benefits of contracted with them would be, which ended up being false. I don't think it has much to do with the letter that they sent you. I do think speaking to an attorney about the bad faith allegation is a good idea. Insurance bad faith is a very serious claim that the insurance carriers do not take lightly. If you are that fed up, maybe after speaking to an attorney to see if you have a valid bad faith case, you can get the attorney to write a strong demand letter threatening a bad faith action against them if they do not resolve your claim. There are a lot of things to discuss but that may be a good initial course of action before filing suit. Best of luck to you.

    Free consultation. Direct line- (310) 498-1821 .24/7. Video/Phone/In-Person. aalok.sikand@gmail.com. I provide my clients with honest, thoughtful advice and diligent, vigorous representation in a number of practice areas. I serve Ventura, Los Angeles, Orange, Santa Barbara and San Diego Counties. I wouldn't take any of my answers on avvo.com as legal advice since there are still too many factors that need to be discussed before I can give you a reliable opinion.

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