First-Party Insurance Claims
Direct claims against your own insurer for failing to honor policy terms
Call Now: (866) 222-2020Overview
First-party insurance claims arise when you seek benefits directly from your own insurance company under a policy you purchased. These claims are the most personal type of insurance dispute—you paid premiums in good faith, and your insurer is refusing to honor the contract when you need it most.
At Keosian Law LLP, our Los Angeles first-party claims attorneys have extensive experience holding insurers accountable when they fail to pay valid claims on homeowners policies, auto coverage, health insurance, disability policies, and more. We understand the unique legal standards that apply to first-party bad faith claims in California, including the implied covenant of good faith and fair dealing.
Whether your property damage claim has been wrongfully denied, your disability benefits have been terminated without justification, or your health insurer has refused to cover necessary treatment, our attorneys are ready to fight for the benefits you are owed—plus additional damages for the insurer's bad faith conduct.
Types of First-Party Policies We Handle
- Homeowners and renters insurance
- Auto collision and comprehensive coverage
- Health and medical insurance
- Disability income insurance
- Life insurance and annuities
- Commercial property insurance
- Business interruption insurance
- Flood insurance
- Earthquake insurance
- Uninsured/underinsured motorist coverage
How First-Party Bad Faith Occurs
First-party bad faith occurs when your insurance company breaches the implied covenant of good faith and fair dealing that exists in every California insurance contract. Common forms include:
Wrongful Claim Denial
Denying a valid claim without reasonable justification, misinterpreting policy language to avoid payment, or citing inapplicable exclusions. If your claim was wrongfully denied, you may have both breach of contract and bad faith claims.
Unreasonable Investigation
Conducting biased investigations, relying on unqualified experts, ignoring evidence favorable to the policyholder, or handling claims unreasonably.
Payment Delays and Underpayment
Deliberately delaying payments, offering substantially less than the claim is worth, or requiring excessive documentation to stall the process.
What Compensation Is Available
In a first-party bad faith case, California law provides robust remedies:
- Contract Damages: The full benefits owed under the policy.
- Consequential Damages: All losses flowing from the bad faith—additional repair costs, interest on loans, lost income.
- Emotional Distress: Unlike most contract disputes, insurance bad faith allows recovery for emotional suffering—anxiety, sleeplessness, depression.
- Attorney Fees: Available under certain statutory provisions.
- Punitive Damages: When the insurer's conduct constitutes oppression, fraud, or malice under California Civil Code Section 3294.
The availability of emotional distress and punitive damages is what makes bad faith claims significantly more valuable than simple breach of contract claims—and why insurers take them seriously.
Our Approach to First-Party Claims
- Policy Review: We analyze every provision of your insurance policy to identify the full scope of coverage available to you.
- Claim File Investigation: We obtain and review the insurer's complete claim file to identify every instance of bad faith conduct.
- Evidence Building: We gather independent expert opinions, medical records, repair estimates, and documentation to establish the true value of your claim.
- Demand & Negotiation: We present a comprehensive demand to the insurer backed by evidence and legal authority.
- Litigation: If necessary, we file suit in Los Angeles Superior Court and pursue all available remedies including bad faith and punitive damages.
Why Choose Keosian Law
- Deep Insurance Expertise: Our attorneys have handled hundreds of first-party bad faith cases across all policy types.
- Trial-Ready: Insurance companies settle for higher amounts when they know the opposing attorney is willing to try the case. We try cases regularly.
- No Cost to You:No attorney fees or costs unless we recover for you.
- Los Angeles Based: From our Sherman Oaks office, we serve policyholders throughout LA County and know the local courts intimately.
You paid your premiums in good faith. It's time to hold your insurer to the same standard. Contact us today for a free case evaluation.
Frequently Asked Questions
Find answers to common questions about our legal services and processes.
A first-party claim is made against your own insurance policy for your own losses. Examples include claims on your homeowners policy for property damage, health insurance for medical expenses, disability insurance for income loss, and life insurance proceeds. These are policies you purchased to protect yourself. Your insurer owes you a duty of good faith and fair dealing. This includes prompt and thorough investigation, fair evaluation of claims, timely payment of valid claims, honest communication, and not prioritizing their profits over your legitimate claim. California courts take these duties seriously. Breach of contract occurs when an insurer simply fails to pay benefits owed. Bad faith goes further—it's about HOW the insurer handled your claim. Bad faith can result in additional damages beyond policy benefits, including emotional distress and punitive damages, making it a more powerful legal theory. You may recover the policy benefits owed, consequential damages from the bad faith handling, emotional distress damages, attorney fees in some cases, and punitive damages if the insurer's conduct was particularly egregious. California law provides robust remedies for policyholders harmed by bad faith. Consider consulting an attorney when your claim is denied or significantly underpaid, when you're experiencing unreasonable delays, when the insurer requests excessive documentation, or when you feel pressured to accept an inadequate settlement. Our Los Angeles office provides free consultations. Filing a legitimate bad faith lawsuit should not affect your coverage. California law prohibits insurers from retaliating against policyholders who exercise their legal rights. If you experience retaliation, that itself may constitute additional grounds for legal action.Request a Free Consultation
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"After our basement flooded, our insurance company offered only a fraction of what was needed. Keosian Law stepped in and negotiated a settlement that covered everything."
Michael J.
Sherman Oaks, CA
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