Insurance companies often complain when policyholders sue the independent adjuster for causing delays and failing to act in good faith. In an interesting twist to this topic, AmGuard Insurance Company sued its own engineering firm for allegedly acting in bad faith.
The trial1 claims that HAAG has breached the following good obligations:
Failure to complete the inspection and estimate on time;
Failure to keep AmGuard informed of their progress with the inspection and estimate;
Failure to timely provide AmGuard with estimates following their initial inspection of the property;
Failure to timely address AmGuard̵7;s requests to make corrections to their original estimate;
Failure to timely respond to repeated requests by AmGuard and LaGrange to correct discrepancies in its estimate;
Plaster misrepresented to LaGrange that he had made a supplemental estimate;
Improper handling of its file, including but not limited to moving the file to a completed folder when it had not actually been completed;
Failure to timely respond to AmGuard and LaGrange’s repeated requests for a supplemental estimate;
The truth is that third-party adjusters and professional companies that work for insurance companies have to do their jobs on time. The insurance company’s customer is dependent on the insurance company performing its tasks on time. The insurance company can do it or take a chance with a third party that performs the task. But these obligations alleged by AmGuard must be met.
I could never have done what I have done without the habits of punctuality, order and order, without the determination to concentrate on one subject at a time.
1 AmGuard Ins. Co. v. HAAG Global, Inc.no. 1:23-cv-00153 (Dist. Colo. [Complaint filed Jan. 18, 2023]).