An insurance company does not have the final say when it disputes your claim.
California law requires insurers to investigate and handle claims fairly, and certain unreasonable conduct can give rise to a claim for insurance bad faith.
The distinction between a legitimate coverage dispute and bad faith can have significant financial consequences. A policyholder may have rights beyond the benefits at issue, but those rights depend on the policy language, the insurer’s conduct, and the evidence surrounding the claim.
Shaver Legal brings more than 20 years of insurance industry experience to these disputes. That background provides insight into how insurers evaluate claims and can help identify whether the handling of a claim raises legal concerns.
A closer look at your policy, the insurer’s conduct, and the timeline of your claim can reveal whether your dispute goes beyond a simple disagreement and crosses into bad faith. At Shaver Legal, we can evaluate the details of your case to determine if your insurance company has failed to meet its legal obligations.
Reach out today to schedule a free consultation with an experienced Fresno bad faith lawyer and understand your options.
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Bad faith does not always look like an outright denial. An insurer may acknowledge a claim while delaying payment, undervaluing the damage, repeatedly requesting information, or relying on an investigation that does not fairly address the loss.
Shaver Legal represents Fresno County homeowners, renters, and business owners in disputes involving:
The specific conduct matters. A claim denial is not automatically bad faith, and an insurer is allowed to investigate whether a loss falls within the policy. The question is whether the insurer had a reasonable basis for its position and handled the claim fairly under its obligations under California law.
The Law Doesn’t Wait
You Shouldn’t Either
A denied, delayed, or underpaid claim can create financial pressure at the same time you are already dealing with the loss itself. The longer an insurer withholds benefits, the more difficult it can become to cover repairs, replace damaged property, meet ongoing expenses, or recover income tied to the claim.
An insurer’s responsibility does not end with issuing a policy. California law requires insurers to handle claims fairly and in accordance with their legal obligations.
California Insurance Code § 790.03 identifies certain unfair claims practices, including misrepresenting policy provisions and failing to maintain reasonable standards for the prompt investigation and processing of claims.
This statute does not itself give a policyholder the right to sue an insurer directly. Instead, that conduct is typically pursued through a separate legal claim for insurance bad faith, based on the implied covenant of good faith and fair dealing that California law recognizes in insurance contracts.
That means the insurer’s conduct matters. An unreasonable investigation, unsupported coverage position, prolonged delay, or inadequate settlement offer may raise questions about whether the insurer acted in good faith.
A successful bad faith claim may provide recovery beyond the benefits the insurer should have paid under the policy. Depending on the circumstances, a policyholder may be able to seek compensation for additional losses caused by the insurer’s conduct, including emotional distress.
Attorney fees and punitive damages may also be available in cases that meet the applicable legal standards. The potential recovery depends on the policy, the nature of the loss, the insurer’s conduct, and the evidence available to support the claim.
The amount at stake is not limited to the figure on the insurer’s original settlement offer. The circumstances surrounding that offer, and the conduct that led to it, may matter just as much.
Once a claim has been denied, delayed, or underpaid, the way you respond can affect the evidence available later. Avoiding unnecessary statements and preserving the insurer’s communications can make it easier to evaluate whether the claim was handled properly.
Four steps are particularly important:
If litigation becomes necessary, our Fresno bad faith insurance attorneys can handle the legal process, including filing and pursuing the case in the appropriate court. The goal is to take the focus off navigating the insurance company’s process and put it on determining whether the insurer fulfilled its obligations.
We Fight to Rebuild What You Lost.
Your Property. Your Policy. Your Money.
In California, you generally have two years from the date of a bad faith denial to file a lawsuit, under CCP § 339(1). However, waiting can be risky. Many property policies include contractual rules that require you to take legal action within one year of the actual loss, a deadline that un-pauses the moment your claim is denied.
Because policy deadlines can shorten your timeline, it is important to have an attorney review your claim as soon as possible.
No. A policyholder can communicate directly with an insurer and pursue a claim without an attorney. But a disputed claim can become difficult when the insurer has its own adjusters, coverage counsel, investigators, and claims procedures.
An attorney can review the policy, examine how the claim was investigated, assess the insurer’s stated reason for its decision, and determine whether the evidence supports a bad faith claim.
There is no fixed timeline. Some disputes resolve after the insurer receives additional evidence or faces a well-supported demand. Others require litigation, which can take longer. The complexity of the loss, the amount in dispute, the insurer’s position, the available evidence, and whether a lawsuit becomes necessary can all affect how long the case takes.
Yes. The FAIR Plan is a private association, but California courts have allowed policyholders to sue it for bad faith the same way they can sue any other property insurer, including in lawsuits filed after the 2025 Los Angeles wildfires. Delaying or lowballing a legitimate fire claim can expose the FAIR Plan to the same accountability as any other insurer writing policies in Fresno County.
An insurer can underwrite based on wildfire risk before it issues your policy, but it cannot use your property’s location as an excuse to misrepresent coverage or delay a legitimate claim after a covered loss happens. A mapped hazard zone does not waive your rights.
Beyond the benefits your policy already owes you, California law allows recovery of emotional distress damages, the attorney fees it took to fight for your claim, and, in cases involving especially unfair conduct, punitive damages. What you can recover depends on the facts of your claim.
Rebuilding after a major property loss takes clarity and quick decisions, and that gets harder when your insurer will not honor what it owes you.
At Shaver Legal, APC, we bring more than 20 years of insurance industry insight to every case, and we can give policyholders across Fresno County and Central California a thorough, objective look at what their claim is actually worth.
We know how carriers read policy terms, investigate losses, and build the case for denying or underpaying a claim. Our job is to help you see the real merits of your claim and safeguard your rights under California law.
If your insurance claim has been denied, delayed, or underpaid, you do not have to sort through the dispute on your own. Contact Shaver Legal, APC to talk with a Fresno bad faith insurance attorney about your options.
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