In Texas, there is a great need for insurance companies to practice in good faith. This is because so many natural disasters have done significant damage to thousands of businesses and homes. Because insurance companies are dealing with such a large influx of claims all at one time, many attempt to save themselves expense by refusing coverage. Victims of natural disasters often do not know where to turn.
They may possess a sense of security in the fact that their insurance company will cover them in the event of a disaster, but unfortunately, some companies abuse that trust. Insurance bad faith takes place any time your insurance company does not fulfill their end of the deal. Many who have filed claims such as business property claims, residential property claims and condo association claims have to face the devastation of insurance claim denial. If you reside in Texas and you are one of those people, then please know that there is help out there. Call (888) 493-1629 now.
"I haven’t dealt with a whole lot of lawyers, but they make you feel like family, like you’re part of them. They keep you informed on what’s going on, and it was just a pleasant experience from what I expected originally."- Jason B.
Common Insurance Company Tactics
Regrettably, insurance companies too often place profits before policyholders. To protect their bottom line, some insurers now routinely deny, delay, or make the lowest possible payments for claims—while also raising premiums and charging their clients more. We work tirelessly to maximize the money you collect for insurance claims, whether under a homeowner or disability policy.
We can represent you in the following types of cases:
- Lawsuits over delayed or underpaid claims
- Lawsuits over bad faith practices
- Claims under the Unfair Settlement Practices Act
Our goal is to help you get your life and your business back on track. We can accomplish this mission by preparing your case as if it is headed to court. By following this aggressive approach, we put the pressure on insurance companies to make a full and fair settlement offer. Since we were established in 2004, we have compiled a series of substantial verdicts and settlements for our clients, including many multi-million dollar awards. In fact, we have recovered billions of dollars for our clients!
What is the insurance claims process?
In an ideal world, you would file a claim with your insurance provider. Your adjuster would provide you with a claim number and begin investigating your case within 2 weeks of filing. After a thorough investigation, your adjuster will return to you within 30 days and either accept your claim or deny it. If you need to file a claim with another person’s insurance company, the process would be the same—only it would be prudent to conduct your own investigation and provide as much subjective evidence as possible. Once the evidence is gathered, you’ll file a formal demand letter with the at-fault party’s insurance company and work out a settlement. If they refuse to offer fair compensation, you can take them to court. Having an attorney at your side for this entire process makes it smoother and increases the likelihood that it will end in your favor.
Why do insurance claims get denied?
Insurance claims can be denied for legitimate legal reasons: coverage doesn’t extend to the injury or damage, the injured person was not covered at the time, or the cause of the injury voided the policy. However, sometimes providers commit “insurance bad faith”—the denial of coverage for unclear or illegitimate reasons. This may occur as a result of poor or fraudulent practices. For example, if your valid claim would result in a massive payout, then an unscrupulous provider would be motivated to deny it outright.
What are my rights when it comes to insurance claims?
To help prevent bad faith, the law forces insurance companies to respond to your claim within 2 weeks of filing. They are also obligated to provide a clear reason for why your claim was denied. If your insurance provider did not offer a reason for why your claim was denied or delayed, you may be entitled to an insurance bad faith claim. For injury cases, insurers need to respect your medical privacy. Your claims adjuster is entitled to view the medical records relevant to your current claim, but no more than that. To get around that, some insurance companies will ask you to waive your right to keep your records private. The adjuster will note that your records are required for investigation…but may fail to mention that they only require a few documents, not your entire medical history. Experienced attorneys can ensure that your adjuster only has access to relevant documents and nothing else.
Is there anything my insurance company isn’t allowed to do?
They are not allowed to delay payment unreasonably under any circumstances. Sometimes insurance companies will demand documents or interviews as a way of delaying the need to pay you—this is both illegal and unethical. Companies may also delay investigating your claim, which is equally illegal. In both of these cases, you’re being subjected to pressure tactics. By delaying payment, insurance companies hope to either make people give up on their claims or settle for a lower amount. Navigating the insurance minefield requires experience, but it can be done. You can take legal action against this type of treatment.
Disputes with insurance companies are often called "first-party insurance claims disputes." Common issues involve whether the policyholder or adjuster accurately documented the losses, the time and origin of the loss, and the actual value of damages. No matter the specifics of your case, we can assist in compiling the information you need to build an effective and strong case to prove your claim.
Insurance disputes arise when there are problems with a first party insurance policy. First party insurance comes into effect when an insurance policy holder needs to obtain coverage for a loss of some sort. Policyholders pay a premium to their insurance companies each month so that in the event of an injury or damages they can get compensation. Often what will happen is an insurance company will try to cut your coverage short. For example, they may stall in making a payment. Whatever the case may be, if you believe that your insurance company is cutting you short after you make a claim then you can get help from our firm. Call us today at (888) 493-1629 to learn more.
It is important to keep in mind that your right to recover funds through an insurance claim may be lost if you wait too long to pursue legal action. That's why it's important to contact Arnold & Itkin LLP today.
Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
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