Bad Faith Insurance Lawyer New York, NY
When an insurance company fails to meet its obligations to policyholders or claimants in New York County, a bad faith insurance claim may arise. Mr. Sris and his Of Counsel, practicing since 1997, assist individuals and businesses navigating insurance disputes where an insurer has unreasonably denied a claim, delayed payment, or failed to conduct a proper investigation. These matters are often complex—requiring careful review of policy language, New York insurance regulations, and the reasonableness of the carrier’s conduct. The firm serves the five boroughs and surrounding counties from its New York location, appearing in New York Supreme Court in Manhattan and other venues. If you are facing an unresponsive insurer, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Bad Faith Insurance Means in New York, New York
Under New York law, an insurer owes a duty of good faith and fair dealing to its insureds and, in certain contexts, to third-party claimants. A bad faith insurance claim challenges the insurer’s failure to act reasonably in handling a claim—for example, denying a covered loss without a reasonable basis, failing to settle a claim within policy limits when the liability is reasonably clear, or refusing to communicate with the policyholder. In New York, the standard is governed by common-law principles, the New York Insurance Law, and relevant regulations promulgated by the Department of Financial Services. A successful bad faith claim may allow recovery of consequential damages beyond the policy benefits, including in some instances punitive damages if the insurer’s conduct is found to be egregious or deliberately indifferent.
These cases are litigated in the New York Supreme Court, which has general civil jurisdiction. For matters arising in Manhattan, the New York County Supreme Court at 60 Centre Street hears bad faith actions. Mr. Sris and his Of Counsel are familiar with local court procedures, including the filing of a Summons and Complaint, discovery, and the note of issue process. Because each case turns on the specific facts—the policy terms, the insurer’s communications, and the reason for denial—it is important to engage counsel early to preserve evidence and meet applicable deadlines.
An action for personal injury, including bad faith insurance claims sounding in tort, must be brought within three years of accrual.
Source: N.Y. C.P.L.R. § 214(5). NY CPLR § 214
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Bad Faith Insurance Cases
Mr. Sris and his Of Counsel begin with a thorough evaluation of the insurance policy and the claim file. They review the insurer’s correspondence, the basis for any denial or delay, and the applicable New York case law to assess whether the carrier’s conduct fell below the required standard of good faith. When the evidence supports a claim, the firm pursues resolution through negotiation or, if necessary, litigation. Bad faith cases often involve expert testimony regarding insurance industry practices and the reasonableness of the carrier’s decision-making.
Throughout the process, the team keeps clients informed of developments and the realistic range of outcomes. The timeline of a bad faith case varies depending on the complexity of the evidence, the willingness of the insurer to resolve the dispute, and the court’s schedule. Mr. Sris and his Of Counsel work to achieve a favorable resolution—whether through settlement or trial—while protecting the client’s interests at every stage.
About Mr. Sris and His Of Counsel Team
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C., established in 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He leads a team of experienced Of Counsel who assist on insurance dispute matters. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
What is bad faith insurance in New York?
Bad faith insurance refers to an insurer’s unreasonable refusal to pay a claim, failure to investigate, or delay in processing a covered loss, in violation of its duty of good faith and fair dealing under New York law. Policyholders may bring a civil action to recover damages beyond the policy limits when the carrier’s conduct is egregious. The claim can arise in both first-party (own policy) and third-party (liability) contexts, with the standard focusing on the reasonableness of the insurer’s actions under the circumstances.
What must a plaintiff prove to win a bad faith claim?
To succeed on a bad faith claim in New York, a plaintiff generally must show that the insurer lacked a reasonable basis for its denial or delay and acted with knowledge or reckless disregard of that lack of reasonable basis. Evidence may include internal insurer memoranda, experienced attorney analysis of claims-handling standards, and a comparison to industry practice. Each case is fact-specific, and an experienced attorney can help gather and present the necessary proof.
Can I recover punitive damages in a New York bad faith case?
Punitive damages are available in certain bad faith cases, but only upon a showing that the insurer’s conduct was so egregious as to evince a high degree of moral turpitude or wanton dishonesty. The standard is demanding; mere negligence or even gross negligence is insufficient. Courts focus on the insurer’s state of mind and whether the conduct was part of a pattern. An attorney can evaluate whether the facts of your case might support such a claim.
How long do I have to file a bad faith insurance lawsuit in New York?
The filing deadline for a bad faith insurance action in New York depends on the nature of the claim, but most personal injury-based claims must be brought within three years from the date the cause of action accrued under N.Y. C.P.L.R. § 214(5). The accrual date may be subject to interpretation—for example, when the insurer’s wrongful denial occurred or when the insured discovered the bad faith. Missing the deadline can bar the claim. Contacting a lawyer promptly preserves your rights.
Do I need a lawyer for a bad faith insurance dispute?
You are not legally required to hire a lawyer, but navigating a bad faith insurance case without legal representation is challenging due to the complexity of insurance law, the need to marshal detailed evidence, and the active tactics often employed by carriers. An experienced attorney can level the playing field, negotiate with the insurer, and, if necessary, litigate your claim in court. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What should I bring to an initial consultation about a bad faith matter?
Bring your insurance policy, all correspondence with the insurer (denial letters, emails, settlement offers), any medical records or repair estimates supporting your claim, and a timeline of events. This documentation helps the attorney assess the strength of your case and the potential damages. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Serving New York City and Long Island: Brooklyn personal injury lawyer · Queens personal injury lawyer · Staten Island personal injury lawyer · Long Island personal injury lawyer
Primary sources: New York County Supreme Court · New York CPLR · NY Department of Financial Services
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.