If you feel your insurance company has acted improperly or wrongfully denied your claim, they may be acting in bad faith. Bad faith is a type of legal wrongdoing for which you can hold your insurance company accountable in court. By proving bad faith, you can fight for the coverage you rightfully deserve.
Proving bad faith isn’t easy and doing so without help from an experienced bad faith insurance attorney can be virtually impossible. Keep reading to learn about how you can prove bad faith in court with help from a McAllen bad faith insurance attorney.
There are two different types of bad faith, and which category your case falls under will dictate the argument your McAllen bad faith insurance lawyer makes in court. These two types of bad faith vary based on what sort of law was broken.
Before you can sue your insurance company for bad faith, you will need to determine which type of bad faith was involved.
Common law bad faith involves violating standards set by court precedents. This means that to prove common law bad faith, you don’t have to prove that any law was broken. Instead, your attorney will need to prove that the claim was either wrongfully denied or unreasonably delayed based on the evidence provided.
Unlike common law bad faith, statutory bad faith does involve breaking Texas law. In order to prove statutory bad faith, your lawyer will need to prove that your insurance company acted in violation of the Texas Insurance Code. The Insurance Code lays out four different ways an insurance company can act in bad faith:
No matter which type of bad faith your insurance company may have committed, you’ll need the same types of evidence to prove it. In most cases, you will need the following evidence to prove bad faith in court:
While getting a copy of your insurance policy might be relatively easy, other types of evidence can be more difficult to obtain. Your bad faith insurance attorney can help you get the evidence you need.
Unfortunately, most insurance companies have plenty of money to spend on high-powered legal defense teams to fight your claim of bad faith actions. If you feel you’ve been treated wrongly, don’t face your insurance company on your own. Get help from a bad faith insurance attorney who will fight tirelessly on your behalf.
If your insurance company has already acted in bad faith, there’s no reason to believe they’ll start acting fairly now. Don’t put your settlement at risk by failing to get the help you need. The McAllen bad faith insurance attorneys at Millin & Millin Attorneys would be proud to represent you in settlement negotiations or a court of law.
When you sign up for insurance, you and the insurance company are making an agreement that means you’ll pay premiums and that the insurance company will pay for part or all of your healthcare expenses. Unfortunately, it seems that many insurance companies don’t like to hold up their end of the bargain.
According to reporting from the National Law Review, the American Association for Justice (AAJ) has conducted a thorough analysis of the actions of insurance companies in the U.S., relying on court documents, FBI records, and former insurance employee testimony.
Using that analysis, the AAJ compiled a list of the 11 worst insurance companies in the country:
Keep reading to learn more about the worst insurance companies for bad faith from an experienced bad faith attorney.
You should be able to trust your insurance company to act in accordance with laws and its own policies, but that isn’t always the case. Some companies will act in bad faith in an effort to get out of paying what they owe.
If you feel your insurance company is wrongfully delaying or denying your claim, they may be engaging in bad faith tactics.
If you think your insurance company may be acting in bad faith, an experienced bad faith insurance attorney can help you fight for whatever you may deserve. Don’t face your insurance company and their high-powered legal team alone. Reach out to the team of bad faith attorneys here at Millin & Millin for help finding the right path forward.
When you sign up for a home insurance policy, both you and your insurance provider are making a binding promise. While you promise to make your insurance payments as agreed, the insurance company promises to pay out for valid claims under your policy. If an insurance company fails to hold up its part of the bargain, it’s acting in bad faith.
If you think your claim has been wrongfully delayed or denied, suing your insurance company for bad faith may be your best option. Keep reading to learn more about what you can expect from a McAllen bad faith insurance lawyer.
Before you actually take the big step of suing your insurance company for bad faith, there are a few steps you’ll want to take first. First, it’s important to note that you can file an internal appeal with your insurance company to try to change the judgment on a claim. Insurance adjusters make mistakes just like the rest of us, and an appeal may be able to rectify any problems.
Next, if your appeal is ineffective, you’ll want to file a complaint against your insurance company with the state. If you feel you’re being treated unfairly by your insurance company, you can file a complaint with the Texas Department of Insurance (TDI) which will then contact the insurance company on your behalf. If the TDI finds that the company acted improperly, not only could you get the settlement you deserve, but the company could face penalties.
If your internal appeal was unsuccessful, it’s a good idea to go ahead and contact an experienced insurance lawyer like those on the team here at Millin & Millin. Your lawyer can help you determine both if your insurance company acted in bad faith and what to do in case it has. If the evidence suggests that your insurance company did act improperly, you may need to sue your insurance company to get the payment you deserve.
The lawsuit you file against your insurance company will either be for their failure to uphold their part of the contract you signed when you got your policy or for bad faith tactics.
Unfortunately, suing your insurance company for bad faith isn’t a very speedy process. Complex cases may take up to two or three years to complete, though most settlements are reached in about a year. If a settlement can’t be reached, or if your insurance company declines to negotiate a settlement, you may need to take your case to court to fight for whatever you’re owed.
Whether your claim was wrongfully denied, delayed, or underpaid, a bad faith insurance attorney can help you find the right path forward to get financial relief. If you feel your insurance company is acting in bad faith, you don’t have to face them on your own. Your bad faith insurance attorney can help you stand up to any fancy legal teams your insurance company may have.
Insurance companies have a lot more resources than the average person, and that makes any legal action against an insurance company a real challenge for the individual. Don’t wait to get help with your case. Reach out to the experienced, compassionate McAllen bad faith insurance lawyers here at Millin & Millin for help with your case.
Was your home insurance claim denied? You aren’t alone.
Home insurance companies are always looking for a reason NOT to pay out to their customers. This means even a minor error in the claims process can result in a claim denial. Mind you, insurance companies may still deny your claim even if it is 100% valid, which is known as a bad faith insurance denial.
If you’ve received an insurance claim denial, there are some common reasons why. The bad faith insurance attorneys at Millin and Millin are here to explain some of the factors that can put your claim at risk.
Lapsed coverage is one of the most common reasons why insurance claims are denied. If you haven't paid your monthly premium and attempted to make a claim, your insurer will consider your coverage to have lapsed.
Even if you pay immediately after the claim is made, you may still not be covered.
Reduce your risk of lapsed coverage with automatic payments or by setting a reminder to pay your premium on time.
Unfortunately, there are plenty of events or incidents that just are not covered under a typical home insurance policy. For instance, flooding is often an additional rider that is not covered by your typical home coverage.
Make sure you are aware of what types of events are and are NOT covered so you can better protect yourself.
A vague reason or unusually high cost on your claim can put you at risk for a denial. Your insurer may also deny your claim if they suspect you are lying, in which case, your claim will be listed as denial for fraud.
You may also see negligence listed on your denial claim if the insurer feels that you could have reasonably prevented the cause of your claim.
Reduce your risk of this type of denial by taking a thorough look around your property for potential problems and correcting them.
Another risk factor for home insurance claim denial is when the insurance company notes that the damage your property suffered was a result of normal wear and tear.
For instance, they may maintain that your damaged siding isn’t because of hail but because you haven't maintained it. Make sure you keep any proof of maintenance you've done and have a bad faith insurance attorney in your corner if they still deny you.
Your home insurance claim will be denied if the claim itself is incomplete. If you leave out critical information or fail to properly complete all documentation, this will increase the likelihood of having your claim denied. Even forgetting one receipt for repairs can lead to a denial.
Make sure you include absolutely everything related to your claim when submitting it and be aware that large losses typically require more proof.
If you want to reduce the risk of an incomplete claim, you can consult with a professional or hire an attorney to help you navigate the process.
A bad faith insurance denial can cause massive financial losses. After all, you paid for the insurance so you wouldn't be in this situation in the first place. While you can pursue the claims process on your own, having a bad faith insurance attorney in your corner can help you get the money you are owed.
Millin and Millin have years of experience in bad faith insurance denials and we will fight to get you the results you deserve. Don't wait, contact us to see how we can help you.
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Imagine a scenario in which your insurance claim is denied in bad faith, and the only remaining option is to file a lawsuit. Bad faith insurance lawyers can certainly help you go down this path, but you may have specific questions involving compensation for damages.
Many individuals in this type of situation may ask themselves, “What kinds of damages could be recovered in a bad faith insurance lawsuit?”
At Millin and Millin, we have years of experience handling insurance-related lawsuits and know exactly how to approach demanding legal situations. We understand all the various types of damages that can be accounted for in lawsuits and how to best recoup your losses.
Let’s examine a general guide on what damages may be recovered through legal action.
Generally, courts will calculate what damages are “worth” based on the losses of the plaintiff, which can range from a variety of costs. Sometimes, these charges relate to non-tangible aspects, such as emotional distress as opposed to loss of physical assets.
These are some of the damages a plaintiff can recover from a bad faith insurance lawsuit:
Additionally, there may be cases where the courts will call for punitive damages to be paid, which serve to discipline the defendant rather than aid the plaintiff. Because there’s a tall requirement for a plaintiff to get back punitive damages, this usually occurs only when the insurance company is grossly out-of-line or behaving intentionally malicious.
Courts will also consider a company’s overall wealth when they make judgments against them. This particular action works as a further deterrent to make sure the insurance company behaves ethically in the future.
It can be overwhelming when you try to understand the complexities of lawsuits regarding bad faith, but that’s why the experienced bad faith insurance lawyers at Millin and Millin are here to help. We want you to feel prepared and know the types of damages you may recover if your insurance claim is denied in bad faith!
Your insurance claim has been denied and you’ve tried everything outside of legal action to get your problem resolved. At this point, you feel that the only recourse you have left is to file a lawsuit against your insurance company for acting in bad faith – so how do you go about accomplishing this?
Bad faith insurance lawyers, Millin and Millin, want to help you better understand the nuances of how to file a bad faith insurance lawsuit correctly. If you seek our help, you can rest assured that your claim will be legally disputed by a knowledgeable party.
Let’s discuss the details of filing a bad faith insurance lawsuit to see the best results.
First of all, it’s important to note that every state has its own set of laws enacted to protect consumers from predatory corporate behavior, such as acting in bad faith. Bad faith insurance lawyers, like those at Millin & Millin, will know the specifics of these sets of rules in order to best help you.
Additionally, your lawyer will help you make an informed decision as to whether you should file in state or federal court. This all depends on factors such as where the company is headquartered as well as your residential status in which you file.
The specific details will refer to issues such as:
Finally, it’s important to know that once you’ve hired a lawyer to handle your case, you should no longer contact the insurance company or have any direct dealings with them. It’s now your lawyer’s responsibility to act on your behalf and settle the issue in your favor.
If your insurance claim is denied and you believe it was in bad faith, you need to know how to best file a lawsuit. Bad faith insurance lawyers, Millin and Millin, are experienced when it comes to filing insurance lawsuits and can help you better understand your options.
The fact of the matter is that individuals need insurance for a variety of circumstances. From protecting our families to protecting our property from the unpredictability of the world, insurance is essential.
But what happens when an insurance company doesn’t follow through with its end of an agreement? This is where bad faith insurance lawyers step in to aid you where the insurance companies do not.
One of the more common occurrences of bad faith is when an insurance company refuses to uphold its “duty to defend.” Let’s explore what this means and how it affects policyholders.
The “duty to defend” is a provision included in your insurance policy that outlines the job of the insurance company to defend you against particular types of legal action.
Of course, it’s important to always review your policy and understand what falls under your scope of coverage. However, if a lawsuit is brought against you that lands in this scope, the company is required to deal with the claim.
Here are some examples where this may be the case:
However, there are instances where your insurer is not required to provide legal counsel, which should be stated in your policy. For example, if you were inebriated when rear-ending someone, the insurance company may refuse to help because you intentionally put yourself under bad circumstances.
These different factors are all reasons why it’s important to fully understand the “duty to defend” provision of your policy. Seek out the help of Millin and Millin if you get a notice of “insurance claim denied” instead of legal aid. Millin and Millin’s highly knowledgeable bad faith insurance lawyers are ready to get you the legal help you need!
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At some point in life, you will likely have to enter into an agreement with an insurance company whether it be for healthcare, a home or office, or a car. The concept is fairly simple – you purchase a policy to cover any losses in exchange for a monthly premium. If you receive a note from your insurer stating “insurance claim denied” despite you complying with your contract, you may be the victim of bad faith insurance tactics.
The bad faith insurance lawyers at Millin and Millin focus on these cases of bad faith and can help you when you need it most!
Before you seek legal counsel, it is important to not only review your insurance policy but also understand what “bad faith” practices are. While there is no strict definition, “bad faith” is when an insurance company behaves unfairly or unreasonably to a policyholder.
Common instances where an insurer may be acting in bad faith include:
If you read the above scenarios and felt one or more seem familiar, then you may have been taken advantage of by your insurance provider. Don’t fret, as Millin and Millin is a firm with highly-qualified and knowledgeable bad faith insurance lawyers.
There’s no denying that insurance coverage and insurance claims can be frustratingly complex and confusing. Unfortunately, this is especially true of cases in which a person needs to sue their own insurer.
Even seemingly simple questions, like where to file your suit, can lead to complicated and unclear answers.
Still, if you had an insurance claim denied for a loss that should have been covered by your policy, then you may need to sue in order to get the compensation you are owed. Today, your compassionate McAllen bad faith insurance attorneys at Millin & Millin will help you determine if, how, and where you need to file a suit against your insurance agency.
Federal vs. State Court
Deciding where to file your bad faith insurance lawsuit can be quite complicated. First of all, you will need to choose whether to file in state or federal court. While there are many differences between filing in these venues, one key difference is the relative restriction on discovery in federal court. In a state court, an insurance company may be forced to reveal more about their claim file relative to a federal court.
It’s worth noting that state and federal procedures often contradict each other, meaning that picking between the two will likely depend on the specifics of your case and the evidence available.
Determining Jurisdiction
You must file your suit in a court that has jurisdiction over your insurance company. Given the massive physical network that comprises most major insurers, finding out which court has jurisdiction may not be simple. In order to show that the court you plan to file in has jurisdiction over your insurer, you will need to prove either general personal jurisdiction or specific personal jurisdiction.
‘Personal jurisdiction’ alone just means the power to cause a person to appear in court and the power to pass judgement on that individual. This differs from ‘subject matter jurisdiction’ which is based on a court’s ability to assess certain types of cases, but not their ability to pass judgement on the parties involved in those cases.
If a court has general personal jurisdiction over a party, that means that the party has a “home” within the court’s area. For human individuals, this literally means their home. However, for businesses, that “home” is located at the business’ principal place of business in the state where it was incorporated. This is usually the same as the business’ headquarters.
Next, if a court has specific personal jurisdiction over an individual, that means that the individual committed the offense of which they are accused within the court’s area. This means that if a person who lives in Georgia assaults you in Texas, you can sue in either Georgia or Texas.
In regards to insurance companies, you may be able to file a bad faith insurance suit in the state where the “breach” actually happened, a.k.a. the state where the insured person or property is. Regardless, you will have to prove that the offense occurred within the state, a process which can actually differ from state to state.
Filing a McAllen Bad Faith Insurance Claim With the Help of Millin & Millin
With that being said, finding out where to file a bad faith insurance lawsuit isn’t a straightforward process. Determining which court will be most advantageous to your case requires knowledge of all of the possible venues and the relative strengths of each.
An experienced McAllen bad faith insurance attorney at Millin & Millin can help you fight for your rights to coverage and compensation.
If you feel your insurance company has wrongfully denied your claim, reach out to the McAllen bad faith insurance lawyers at Millin & Millin today for help determining the best path forward.
While insurance policies may vary widely in the kinds of losses they cover, the sorts of claims a person might make come in a few common forms. Whether you’ve been involved in a car accident or suffered a house fire, you may be able to file an insurance claim for the compensation you need.
Unfortunately, your insurance company may try to avoid paying what you are owed.
If you’ve been injured or suffered damage against insured property, our McAllen bad faith insurance lawyers at Millin & Millin can help you explore your options. If you’ve filed a claim only to have that insurance claim wrongfully denied, we can work to hold your insurance carrier accountable.
Today, we’ll list five of the most common types of insurance claims you should know about.
A first-party insurance claim is a general term meant to describe claims for many different types of damages. First-party claims are made by individuals under an insurance policy that they purchased directly from an insurance provider.
Essentially, these are claims that you make with your own insurance provider.
First-party claims can cover either personal injuries, illness, or damages of insured property. Successful claims can result in payouts or reimbursement. Insurance companies have to legally judge claims reasonably and in good faith against the coverage laid out in your insurance policy. If they fail to comply, you may need to file additional claims or a personal injury suit with the help of an insurance attorney.
Bad faith insurance claims can be made if there is a dispute regarding the coverage provided by the policy, if the policyholder feels they weren’t paid what they were owed, or if the insurance company failed to make payments in a timely manner. These claims may also be made if the policyholder feels they were misled by their insurance provider at the time of the sale of the policy, whether regarding the amount of coverage available or the cost of coverage.
If your initial insurance claim was denied, especially if you feel the reasons for said denial were insufficiently explained, you may need to make a bad faith insurance claim with the help of a McAllen insurance attorney to get the coverage you rightfully deserve.
Given the high cost of homes and home repairs, it should be no surprise that some of the most common sorts of insurance claims are those made against homeowners insurance. Homeowners purchase insurance policies with the intent of protecting themselves from the financial losses caused by damage to their homes.
Damages that may be covered include:
○ Wildfire
○ Hurricanes
○ Tornadoes
○ Wind
○ Robbery
○ Mold damage
○ Vandalism
○ Land contamination
○ Appliance failure damages
While many homeowners claims are first-party claims, you may need to file a claim with someone else’s homeowners insurance if you are injured while visiting their home.
In Texas, drivers are required to pay for the damages resulting from any accidents that they cause. For most drivers, this means carrying proof of insurance, specifically, liability insurance. Liability insurance pays for damages that you cause against another driver’s vehicle. This coverage also includes payment for any injuries or wrongful deaths caused by your actions or carelessness while driving.
For damage to your own vehicle and personal injuries caused by your actions, you will most likely need to make a claim under your collision coverage and personal injury protection, or PIP coverage. These types of coverage are not required under Texas law and may not be included in your basic policy.
Granted, car insurance will also come into play if you’re involved in a car accident caused by someone else. In that case, you will typically need to file a claim with the at-fault party’s insurance provider.
The final major type of insurance claim is a health insurance claim. Health insurers function by charging policyholders a monthly fee in exchange for guaranteeing certain coverage in case of a medical issue.
These claims are usually filed by your healthcare provider, but you may need to make a claim yourself if your insurance provider is attempting to deny your coverage. Claims for treatment may be rejected for many reasons, from out-of-network treatment to treatment for injuries that a carrier argues were caused by dangerous behavior on the part of the injured person.
Insurance companies, like all private companies, are in the business of making money. Because of this, they may attempt to pay you less than what you are owed or deny your claims altogether.
If you’ve been injured or suffered damages covered by your insurance policy, contact the insurance attorneys at Millin & Millin, PLLC, to protect your rights to compensation.
