When policyholders pay their premiums, they expect their insurance companies to uphold their end of the agreement—providing timely and fair claim handling when it matters most. Unfortunately, that’s not always the case. In situations where an insurer fails to act in good faith, policyholders may find themselves not only fighting for the coverage they deserve, but also for justice.
In this post, we break down everything you need to know about bad faith litigation in Kansas City, including our bad faith litigation process:
what it is, how it works, when to consider legal action, and how our team at Bartimus Frickleton Robertson Rader helps clients stand up to powerful insurance companies.
What Is Bad Faith Litigation?
At its core, bad faith litigation arises when an insurance company fails to honor its obligations under a policy in a dishonest or unreasonable manner. The law requires insurance companies to act in “good faith” and treat their policyholders fairly. When they don’t, legal consequences can follow.
Insurance bad faith typically falls into two categories:
- First-party bad faith: This occurs when your own insurance company (e.g., auto, homeowners, health, life) unreasonably denies or delays your claim.
2. Third-party bad faith: This occurs when your insurer fails to settle a claim or defend you properly when someone sues you under your liability policy.
In both cases, the insurer may be liable for damages beyond the original policy limits, including emotional distress, financial loss, and in some cases, punitive damages.
Common Examples of Insurance Bad Faith
Bad faith behavior can take many forms, but some of the most common include:
- Unjustified denial of a valid claim
- Delayed payment without cause
- Failing to conduct a proper investigation
- Misrepresenting policy language or coverage
- Lowballing a settlement offer
- Refusing to defend you in a third-party lawsuit
In Kansas City, bad faith insurance practices may occur across a wide range of insurance types, including auto, homeowner’s, disability, life, commercial liability, and business interruption policies.
Why Bad Faith Claims Matter in Kansas City
Insurance plays a vital role in protecting individuals, families, and businesses from unforeseen hardships. When an insurer breaks that trust, it’s more than an inconvenience—it can cause emotional strain, financial devastation, or even force a business to close its doors.
In bad faith litigation in Kansas City, these claims serve an important purpose: they hold insurance companies accountable when they use their size and legal teams to intimidate policyholders or avoid paying what’s rightfully owed.
At Bartimus Frickleton Robertson Rader, we’ve seen firsthand how unfair claim denials can destroy lives. We fight to make things right.
The Process of Bad Faith Litigation in Kansas City
While each state’s bad faith laws are different, an insurance company acts in bad faith when it:
- Wrongly denies a claim
- Fails to pay insurance coverage
- Wrongly refuses to provide a defense to its insured
If an insurance company acts in bad faith, the insured could receive compensation for the original claim, and, sometimes, they may be eligible for additional compensation.
Every bad faith case is unique and requires a distinct analysis based on its facts, the terms of the insurance agreement, and the law.
Step 1: Is It Bad Faith or Legitimate Claim Handling?
An experienced law firm will start the bad faith litigation process by determining if an insurance company is acting in bad faith or legitimately handling a claim.
Insurance Companies’ Good Faith Promise
Generally speaking, there is an implied covenant of good faith and fair dealing when a person enters into a contract with an insurance company. This means that the insured and the insurance company are required to act in “good faith,” upholding their side of the contract when they attempt to fulfill the terms of the agreement. From the insurance company’s perspective, that means upholding the duties they owe under the policy.
The following are the typical duties that insurers owe policyholders:
- Investigate a claim correctly
- Defend if a policyholder had liability insurance covering a potential claim
- Pay settlement costs or court-ordered damages when a policyholder’s liability insurance covers a claim
- Settle when there’s a reasonable settlement that protects the insured from any out-of-pocket losses that could come from a lawsuit
Talk to a Lawyer Knowledgeable in Bad Faith
The best way to determine if an insurance company is acting in bad faith or denying a claim for a legitimate reason is to work with a trusted bad faith lawyer.
An experienced bad faith litigation attorney will:
- Analyze each case based on its unique facts and circumstances
- Be able to properly interpret insurance policies.
- Have in-depth knowledge of insurance laws
Step 2: Collect Bad Faith Claim Evidence
Next, an attorney who works in bad faith litigation in Kansas City will collect evidence that helps evaluate the underlying claim.
Example: Car Accident Insurance Claim
A car accident may require an insurance company to pay for the injured party or provide a defense to the driver/insured.
If the insurance company has wrongfully failed to uphold the insurance policy by not doing one of the above, the evidence necessary involves the actual analysis performed by the insurance company, if any, in reaching its decision not to pay a claim or provide a defense.
That analysis is then judged to determine if it was reasonable under the circumstances of that unique case.
Step 3: Legal Consequences for Insurance Companies Acting in Bad Faith
If your attorney determines an insurance company acted in bad faith, the company may face legal consequences. The following are some of the legal repercussions an insurance company may be responsible for if it’s determined it acted in bad faith:
Insurance Companies Will Have to Fulfill Contract Terms
The insurance company will be made to uphold the insurance contract’s terms. This includes paying out on an insurance claim.
The Insurance Company May Have to Pay Extra Contractual Damages
An insurance company may be held responsible for harms beyond the insurance contract and policy.
Your Legal Rights Under Missouri and Kansas Law
Each state has specific laws and standards that govern insurance bad faith claims.
Missouri
In Missouri, bad faith claims are typically brought under the common law for both first-party and third-party cases. Policyholders may recover:
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Contract damages
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Emotional distress damages
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Punitive damages in cases of intentional misconduct
In third-party claims, if the insurance company fails to settle a claim within policy limits and the policyholder ends up liable for an excess judgment, that’s grounds for a bad faith claim.
Kansas
Kansas law recognizes first-party bad faith claims, but third-party bad faith is more limited. Kansas typically allows punitive damages only when there is a showing of fraud or malice. Kansas also places limits on the amount of punitive damages that may be awarded.
Understanding which state’s law applies is critical, particularly when the insured lives in one state but the incident occurred in another.
How to Prove Bad Faith
To successfully pursue a bad faith litigation case, a plaintiff generally must show that the insurer:
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Owed a duty of good faith under the policy;
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Breach that duty by acting unreasonably, dishonestly, or without proper cause;
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Caused harm as a direct result of the insurer’s conduct.
This often requires a deep dive into internal insurance company records, policy language, claim correspondence, and expert testimony. The burden of proof is on the policyholder, which is why experienced legal counsel is essential.
Real-World Example: A Bad Faith Case in Action
Consider this scenario:
A Kansas City homeowner files a claim after a storm damages their roof. The insurance company delays sending an adjuster, offers only a fraction of the repair cost, and denies requests for reconsideration. Later, it’s discovered that internal company memos show a policy of “delay and deny” to save money on claims.
This is a textbook case of bad faith—and one that we have handled countless times.
Why Choose Bartimus Frickleton Robertson Rader?
At Bartimus Frickleton Robertson Rader, we’ve built a national reputation for taking on high-stakes cases against powerful corporations, including insurance companies. When it comes to bad faith litigation in Kansas City, we:
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Know the law in both Missouri and Kansas
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Have decades of experience in complex insurance disputes
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Employ a full team of legal and insurance experts
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Are trial-tested and not afraid to go to court
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Have recovered millions for clients wronged by bad faith insurers
Our firm also works on a contingency fee basis for most bad faith cases. That means we only get paid if we win your case.
What to Do If You Suspect Insurance Bad Faith
If you believe your insurance company is acting in bad faith, take the following steps:
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Document everything – emails, letters, call logs, denial letters, etc.
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Request a written explanation for claim denials or delays.
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Review your policy to understand your coverage.
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Contact a bad faith litigation attorney as early as possible.
Do not try to take on the insurance company alone. They have teams of lawyers and adjusters trained to minimize payouts. You need advocates who understand the system—and how to beat it.
Frequently Asked Questions
Is bad faith the same as breach of contract?
No. While bad faith often involves a breach of contract, it also includes unreasonable or dishonest behavior beyond just failing to pay.
Can I sue for emotional distress in a bad faith case?
In many cases, yes—especially if the insurance company’s conduct was egregious or caused severe stress.
How long do I have to file a bad faith claim?
Statutes of limitations vary by state, but in Missouri and Kansas, it’s typically 5 years or less. Talk to a lawyer to confirm your timeline.
What actions can cause bad faith lawsuits?
Bad faith lawsuits are created for several reasons, including:
- Improper denial of coverage
- Failure to communicate relevant information
- Failure to conduct a reasonable investigation
- Refusal to pay the claim without investigating
- Failure to promptly process a claim
- Failure to promptly confirm or deny coverage
- Failure to attempt a fair and reasonable settlement
- Offering significantly less than the true value of a claim
- Failure to provide a reasonable explanation for the denial of a claim
- Failure to disclose policy limits
- Wrongfully exposing an excess insurer to liability
What is the difference between 3rd-party bad faith and 1st-party bad faith?
A first-party claim is a claim that’s filed with an insurance company in pursuit of financial benefits for losses or injuries from the injured party’s own insurance policy.
A third-party claim is a claim for injuries or losses against someone else’s insurance policy.
When do I need to file a lawsuit and/or claim?
All states have a “statute of limitations” regarding types of lawsuits. These statutes determine the amount of time a person has to file a lawsuit or the claim may be barred regardless of its merit.
Generally, these deadlines are fairly short, and depend on:
- Type of claim
- Nature and place of injury
- Parties involved
- Age of the injured party
Speak With Our Bad Faith Lawyers in Kansas City
Insurance companies often work hard to deny what they owe. It is typically impossible to take on an insurance company alone.
People making a bad faith claim will greatly benefit from working with experienced, compassionate attorneys who understand bad faith law and have a successful history of taking on these cases.
If you or a loved one thinks they have a case, a bad faith litigation lawyer in Kansas City can ensure you receive fair compensation. Our lawyers have resolved thousands of cases for our clients that range from personal injury to highly complex insurance matters.
Bartimus Frickleton Robertson Rader is the trusted name for bad faith insurance attorneys in the Kansas City area. We deliver answers, accountability, and justice for victims of bad faith insurance claims.
To connect with one of our attorneys today, use our virtual case tool or contact our office at (913) 266-2300 to speak with one of our team members.
The above is not intended to be legal advice. Each individual case is different and must be analyzed on its own set of facts and circumstances. If you believe you may have a case, it is critically important that you timely contact a lawyer to ensure your rights are protected.
