Wildfire & fire-loss claims
Total losses, smoke and ash contamination, additional living expense (ALE), and disputes over rebuild scope and cost.
Insurance Bad Faith
California Insurance Bad Faith Lawyer
When your own insurance company delays, denies, or lowballs a valid claim, California law gives you more than a contract remedy — it gives you a bad faith claim. We hold insurers accountable for breaking the promises they sold you.
Reviewed by Ryan D. Kocaj, Founding Attorney — CA Bar No. 321680Last updated
Every insurance policy issued in California carries an implied covenant of good faith and fair dealing. When an insurer unreasonably withholds benefits — or drags out the claim until you give up — it does not just breach the contract. It commits a tort, exposing the company to consequential damages, attorneys' fees under Brandt v. Superior Court, and in egregious cases, punitive damages.
We represent homeowners, business owners, and individual policyholders — never insurance companies. Our work spans wildfire and fire-loss claims (including the January 2025 Palisades and Eaton fires), property and contents claims, UM/UIM disputes, disability and life insurance denials, and commercial policy disputes.
Cases we take
What we handle
Each fact pattern is investigated with the same intensity — whether it settles before suit or proceeds through trial and appeal.
Unreasonable claim delays
Investigations dragged out months past the 40-day deadline under California's Fair Claims Settlement Practices Regulations.
Lowball settlement offers
Estimates that bear no resemblance to actual California rebuild or repair cost.
Improper claim denials
Denials without a reasonable investigation, without written explanation, or based on policy provisions misrepresented to the insured.
UM/UIM and auto policy disputes
Uninsured and underinsured motorist claims wrongfully denied or undervalued by the insured's own carrier.
Disability, life & commercial policies
Long-term disability denials, life insurance contests, and business interruption disputes.
Why this matters
The stakes are real.
California Insurance Code § 790.03 lists sixteen specific claims-handling practices that are flatly prohibited — from failing to acknowledge communications promptly to forcing policyholders to sue to recover what they are owed. The Fair Claims Settlement Practices Regulations put hard timelines on top of those duties: 15 days to acknowledge a claim, 40 days from proof of loss to accept or deny, written status updates every 30 days when more time is needed.
When an insurer blows past those deadlines without justification, it leaves a paper trail. That paper trail is evidence — and it is how policyholders actually recover policy benefits, consequential damages, attorneys' fees, and (in appropriate cases) punitive damages.
Compensation we pursue
Damages available to you
- Full policy benefits the insurer wrongfully withheld
- Consequential damages caused by the delay or denial
- Emotional distress damages in appropriate cases
- Attorneys' fees under Brandt v. Superior Court
- Prejudgment interest on amounts withheld
- Punitive damages where conduct is malicious, oppressive, or fraudulent
What to expect
How we build your case
- 01
Policy & file review
We obtain your full policy, the claim file, and all correspondence — then map every deadline the insurer missed and every duty it violated.
- 02
Demand & strategy
Where appropriate, we open with a detailed demand citing § 790.03 and the Fair Claims Regulations. Many cases resolve here, on policy benefits plus consequential damages.
- 03
Litigation & trial
If the insurer refuses to act in good faith, we file suit for breach of contract and tortious bad faith, pursuing Brandt fees and — where the conduct warrants — punitive damages.
FAQ
Frequently asked questions
I had a wildfire claim with State Farm. Does the State's enforcement action help me?
California's regulatory action recovers fines for the State, not benefits for you. Even if your insurer is named in an enforcement action, you generally still need a private claim to recover your own withheld benefits, consequential damages, and attorneys' fees.
How long do I have to bring a bad faith claim?
California's statute of limitations for tortious bad faith is generally two years, while breach of contract on a written policy is four years — but contract suit-limitation provisions and policy-specific deadlines can shorten that. Call us early so deadlines do not get away from you.
What is a Brandt fee award?
Under Brandt v. Superior Court, when an insurer's bad faith forces you to hire counsel just to recover your policy benefits, the attorneys' fees attributable to recovering those benefits are recoverable as part of your damages.
What does it cost to hire you?
Nothing up front. Bad faith cases are taken on contingency — you pay nothing unless we recover for you.
Related practice areas
You may also be looking for
Many of our cases overlap with the areas below. Explore related representation we offer across California and Michigan.
Property Damage Claims
Fire, smoke, water, and contents losses underpaid by your carrier — pursued in tandem with bad faith claims.
Learn about Property Damage ClaimsPremises Liability
When a fire or hazardous condition was caused by another party's negligence, third-party claims can stack with first-party recovery.
Learn about Premises LiabilityWrongful Death
Life insurance denials and contested beneficiary disputes after a wrongful death.
Learn about Wrongful DeathNo Recovery. No Fee.
Injured? Let’s talk — your consultation is free.
You pay nothing unless we recover for you. Speak directly with Adam Kocaj today.