Your Insurance Company Owes More Than an Answer. It Owes You Fair Treatment.

You paid for insurance so it would protect you when something went wrong. When your own insurance company unreasonably delays a claim, ignores important evidence, undervalues a loss, or denies benefits without a reasonable basis, the problem may be more than a coverage dispute. It may be insurance bad faith.

The Law Office of Michael R. Green, PLLC represents policyholders in Tulsa and throughout Oklahoma when insurance companies fail to deal fairly and act in good faith. We review homeowners and roof claims, uninsured and underinsured motorist claims, auto-property claims, life and disability claims, commercial losses, and other first-party insurance disputes.

An insurance policy is a contract, but an insurer’s obligations do not end with the words printed in the policy. Oklahoma law recognizes that an insurance company owes its insured a duty of good faith and fair dealing.

That duty requires an insurer to give a claim fair consideration, conduct an appropriate investigation, evaluate the available evidence honestly, communicate with the policyholder, and make a timely coverage and payment decision. An insurer does not have to pay every claim. It may investigate questionable facts and contest claims when a legitimate dispute exists. It may not, however, manufacture a reason to deny coverage, ignore evidence supporting payment, or use delay and financial pressure as a claims-handling strategy.

Oklahoma’s Unfair Claims Settlement Practices Act identifies conduct that may be relevant to this analysis, including:

• Misrepresenting important facts or policy provisions;
• Failing to disclose benefits or coverages relevant to a first-party claim;
• Failing to adopt reasonable standards for prompt claim investigations;
• Failing to attempt a prompt, fair, and equitable settlement when liability has become reasonably clear;
• Failing to provide an adequate response to pertinent claim communications;
• Requesting unnecessary information simply to prolong the claim;
• Making a partial payment that improperly attempts to release the entire claim; or
• Denying a claim without a reasonable investigation.

The facts matter. A lawyer must evaluate the policy, the insurer’s investigation, what information was available when each decision was made, and the harm caused by the insurer’s conduct.

Warning Signs That an Insurance Company May Be Acting in Bad Faith

One frustrating phone call or an honest mistake does not necessarily establish bad faith. A pattern of conduct can be different. Warning signs may include:

• The insurer denies the claim before completing a meaningful investigation;
• The denial letter does not identify a clear policy provision or factual basis;
• Evidence supporting coverage is ignored while contrary evidence is emphasized;
• The adjuster repeatedly asks for documents you already provided;
• Calls, emails, estimates, photographs, or medical records go unanswered;
• The insurer changes its explanation for denying or reducing the claim;
• A roof claim is blamed on “wear and tear” without fairly evaluating storm damage;
• An insurer relies on a rushed, incomplete, or outcome-driven inspection;
• A vehicle is declared repairable or valued as a total loss using unsupported comparisons;
• Your UM/UIM carrier treats you like an adversary and refuses to fairly evaluate your injuries;
• Undisputed amounts remain unpaid while the insurer continues disputing the rest of the claim;
• The insurer pressures you to accept a low offer before the full loss is known; or
• The company misstates an exclusion, limitation, deductible, or deadline.

These facts do not automatically prove bad faith, but they are reasons to have the claim and policy reviewed.

Bad faith is not limited to one type of policy. It can arise whenever a policyholder makes a claim for benefits under the policy the policyholder purchased.

Homeowners Insurance, Hail, Wind, and Roof Claims

Oklahoma storms can damage shingles, decking, flashing, gutters, siding, windows, and interior property. The damage is not always obvious from the ground, and water intrusion may not appear until later.

Homeowners may face disputes involving:

• Hail and wind damage;
• Missing, lifted, creased, or fractured shingles;
• Roof replacement versus spot repairs;
• Matching shingles, siding, or other materials;
• Storm damage blamed on age, deterioration, or faulty installation;
• Interior water damage and mold-related issues;
• Fire, smoke, and lightning losses;
• Tornado and severe-weather claims;
• Additional living expenses;
• Depreciation and replacement-cost payments; or
• Disagreement over the scope and price of repairs.

Oklahoma law specifically addresses policy deadlines for wind or hail roof damage that is not evident without inspection. That does not mean every deadline is the same. Policies may contain notice, proof-of-loss, appraisal, or suit-limitation provisions, so a homeowner should not wait to request an inspection or legal review.

Uninsured and Underinsured Motorist Claims

Uninsured motorist coverage can apply when the at-fault driver has no liability insurance, when a hit-and-run driver cannot be identified, or when the available liability limits are not enough to compensate the insured for the harm caused. Oklahoma law also treats an underinsured vehicle as uninsured for purposes of UM coverage when the available liability limits are less than the claim.

A UM/UIM claim is made against your own insurance company. Even though the insurer may investigate liability, causation, injuries, and damages, it must still deal fairly and in good faith with you. Potential problems include:

• Refusing to investigate after receiving notice of the collision;
• Ignoring medical records, wage-loss proof, photographs, or witness information;
• Unreasonably disputing a clear injury or the value of a claim;
• Failing to evaluate all available UM/UIM coverage;
• Misstating an exclusion or a rejection of coverage;
• Delaying payment after liability and damages have become reasonably clear; or
• Refusing to pay an undisputed amount while other issues remain under review.
  

Is Every Denied Insurance Claim Bad Faith?

No. An insurer may deny a claim without acting in bad faith if it has a legitimate, reasonable basis supported by the policy and facts. Bad faith is not established merely because the policyholder and insurer disagree or because a court later determines that coverage exists.

The distinction usually comes down to the quality and fairness of the claims process:



• Coverage or contract dispute: What does the policy cover, and what benefits are owed?
• Bad-faith claim: Did the insurer act unreasonably in investigating, evaluating, communicating about, delaying, or denying the claim?

A case may involve breach of contract, bad faith, or both. That determination requires a careful review of the complete claim history—not only the final denial letter.

What Evidence Can Help Prove an Insurance Bad-Faith Claim?

The insurer’s claim file often becomes central to a bad-faith case because it records what the company knew, when it knew it, and how it reached its decision. Helpful evidence may include:

• The full policy, declarations, endorsements, exclusions, and renewal documents;
• The claim number and date the loss was reported;
• Denial letters, reservation-of-rights letters, and coverage explanations;
• Emails, letters, text messages, and adjuster notes;
• A dated log of telephone calls and conversations;
• Photographs and videos taken before and after the loss;
• Weather records, contractor estimates, engineering reports, and inspection photographs;
• Medical records, bills, wage-loss documents, and proof of other damages;
• Vehicle valuations, comparable-vehicle listings, repair estimates, and total-loss worksheets;
• Proof of temporary housing, mitigation costs, storage charges, or business interruption; and
• Documents showing how delay or nonpayment created additional financial harm.

Do not alter damaged property or discard important items before documenting the condition and giving the insurer a reasonable opportunity to inspect. At the same time, take reasonable steps to prevent additional damage when it is safe to do so. Keep receipts and photograph the condition before and after emergency repairs.

The available damages depend on the policy, the insurer’s conduct, and the harm caused. A successful claim may include:

• Benefits owed under the insurance policy;
• Repair, replacement, medical, wage-loss, or other covered amounts;
• Additional financial losses caused by unreasonable delay or nonpayment;
• Loss of use, temporary housing costs, or business-interruption losses when recoverable;
• Damages for emotional distress caused by the insurer’s bad-faith conduct;
• Interest, court costs, and attorney fees when authorized; and
• Punitive damages in cases involving the level of reckless or intentional misconduct required by Oklahoma law.

Punitive damages are not automatic. Oklahoma law requires specific findings and applies different standards and limits depending on the insurer’s conduct.

How Long Do You Have to File an Oklahoma Bad-Faith Claim?

An Oklahoma insurance bad-faith claim is generally treated as a tort subject to a two-year limitations period, but determining when that period begins can be fact-specific. A separate breach-of-contract claim, a policy’s notice or suit-limitation provision, a proof-of-loss requirement, an administrative appeal deadline, or federal ERISA law may create a different deadline.

Do not assume that you have two years from the date of a denial—or that the denial letter accurately states every applicable deadline. Have the policy and claim timeline reviewed as soon as a serious dispute develops.

What Should You Do If You Suspect Insurance Bad Faith?

1. Request the decision in writing. Ask the insurer to identify the facts and policy language supporting its position.
2. Save the complete policy. Include the declarations page, endorsements, exclusions, and all renewal documents.
3. Build a claim timeline. Record the date of every call, inspection, document submission, offer, and decision.
4. Preserve the evidence. Keep photographs, estimates, damaged-property records, medical documents, and proof of financial loss.
5. Continue reasonable mitigation. Protect the property or your health from additional harm, document what you do, and keep receipts.
6. Do not sign a broad release without review. A partial or undisputed payment should not unknowingly end the entire claim.
7. Talk to an Oklahoma bad-faith lawyer promptly. Early review can help identify deadlines, preserve evidence, and prevent avoidable mistakes.

Insurance companies build claim files from the first report of loss. Policyholders should have someone examining the claim with the same care.

Our firm can:

• Review the policy and identify potentially available coverage;
• Compare the insurer’s stated position with the evidence it had;
• Organize the claim timeline and preserve important communications;
• Obtain appropriate records, estimates, and expert evaluations;
• Identify unsupported exclusions, valuation methods, or investigation gaps;
• Present the contractual claim and resulting damages clearly;
• Negotiate directly with the insurer; and
• File suit when the insurer refuses to deal fairly.

We provide straightforward advice. If the facts show a legitimate coverage dispute rather than bad faith, we will explain the difference. If the insurer crossed the line, we will work to hold it accountable.

We proudly serve Tulsa and the surrounding areas, including: