Can I sue for bad faith if the insurance company employee told me that I could cash a check even though I questioned the reason I received it?
Question Details: I am receiving workman's compensation WC for a work injury that I had surgery on. I was told I had to complete paperwork for Unicare even though I was receiving WC. I was sent a check by Unicare and it did not seem right so I called to question it. The representative asked me why I was questioning the check and I told her I was already receiving WC. She told me that she would contact me back and not to cash the check. I had to call her back almost 2 weeks later and when I did she said that I could cash the check. Now they are telling me that I owe them the money back.
No, that is not bad faith; it may have been a mistake, but that falls short of the deliberate efforts to deny you the benefits of a contract (or insurance policy) which is the hallmark of a bad faith claim. And you have not suffered a legally recognizable injury: you are being asked to return money you were given in error, but are not losing or payong any of your own money.