After suffering a loss covered by your home insurance policy, you may make some assumptions about what is owed to you. But did you know your home insurance policy may entitle to you to one of two different insurance benefits?
Depending on the type of policy you have, you may receive either actual cash value (ACV) reimbursement or recoverable cash value (also known as replacement costs) benefits. Understanding the differences between these two, and recognizing what sort of policy you have, is going to be fundamental to understanding your situation should you have to make a home insurance claim.
It’s also important to realize that the goal of your insurance company is to pay out the lowest amount legally possible—if you allow them to. Most insurance companies will offer greatly depreciated values on your property and insured items. If you feel like your insurance company is not acting in your best interest, and are purposely making the claims process challenging, you may be the victim of bad faith insurance tactics.
The bad faith insurance attorneys of Millin & Millin have the understanding and experience to effectively advocate for clients who have become involved in a legal situation with their insurer. We also want to ensure that individuals have a general understanding of important insurance concepts so that they can better defend themselves from the unlawful actions of the insurance industry.
ACV refers to the value of your property, generally set as the fair market value, as well as any depreciation, changes in property value, and upgrades you may have made to improve the value of your property.
Receiving ACV can help to cover some of the damages to your house, but because an ACV insurance policy takes into account depreciation, you will not be reimbursed the total actual costs of rebuilding. Depreciation is a deduction based on the age of the property, and the useful life of the home, which is an estimate of the number of years an asset is likely to remain in service for the purpose of cost-effective revenue generation.
What this means for you is that with an ACV policy, you will need to pay for some of the rebuilding expenses out of your own pocket, or you will need to buy a new home.
RCV, also known as replacement costs, means your home insurance policy will pay out the cost to rebuild your home after a total loss, rather than just a portion like ACV. Replacement costs will usually exceed actual cash value, but will never exceed those on your policy’s limits.
The difference is whether or not depreciation is covered in the policy. When your property suffers damage, your insurance company must pay you an indemnity, which is the payment for the loss to the insured to make the property complete again. An indemnity payment is only required to recover the insured’s loss—it should give the individual a profit.
With an RCV policy, in order to recover the total loss and depreciation, your insurance company will request that you provide them with additional information in order to prove the total costs.
Unfortunately, many individuals with an RCV policy will make the assumption that the insurance company will pay them for the entire loss up front. Remember, however, that additional information—such as receipts, invoices, and inspections—will be needed before the insurer will pay the recoverable depreciation costs.
If you aren’t sure what type of home insurance policy you have or what reimbursement type is applicable to your situation, the read over your policy once again. You can also reach out to your insurance company or agent for additional guidance.
When shopping for home insurance policies, it’s vital to understand your own needs and expectations. Be aware that ACV insurance policies are going to be cheaper than RCV insurance policies.
The downside of course, is that ACV policies will not recover depreciation costs, which can account for a hefty amount of a home’s value. Do you want lower premiums and risk a lower payout? Are you able to afford more for a potentially large payout?
Speak with your insurance agent, and do a bit of research, to decide which type of home insurance policy is best for you.
One of the first steps you can take to fight against an insurance agency is to hire a public adjuster to do their own inspection and investigation. This can help to lower depreciation and raise your ACV. Hopefully a public adjuster can get you the amount you are legally entitled too.
If your insurance still will not budge, are taking excessively long to provide you a reimbursement, are asking for an unreasonable amount of paperwork, or are simply avoiding your questions and requests, then you may be the victim of bad faith insurance.
Every insurance company owes it to their policyholders to act in good faith. When an insured individual has been involved in a circumstance that directly affects his or her way of life, and is rightfully covered by their policy, it is the duty of the insurer to act in a manner that helps to diminish unexpected financial burdens.
If you find that your claim was rejected even after attempting to come to an honest agreement, then do not hesitate to contact the attorneys at Millin & Millin.
Our litigators have advocated for McAllen metro residents who have had to deal with bad faith insurance tactics. Our attorneys possess superior experience and the necessary knowledge to bring forth an exceptional case.
Contact us at (956) 631-5600 for a free consultation.
After filing an insurance claim, most families will expect their insurer to act in good faith. As a policyholder, it’s natural to expect the process to work in your favor, especially when you have maintained a solid payment record. When an individual has been involved in a situation that affects their way of life, compensation may be needed immediately to diminish unexpected financial burdens.
Unfortunately, insurance companies do not always act in the best interests of their policyholders, and they use bad faith techniques to diminish the payout or completely reject the claim on illegal grounds.
The bad faith insurance lawyers of Millin & Millin want to ensure that you have the necessary knowledge to protect yourself from the unacceptable actions of your insurer. What follows are some of the most frequently asked questions about insurance bad faith.
The team of attorneys at Millin & Millin have the experience, knowledge, and ability to represent individuals, businesses, and property owners in the Rio Grande Valley against all the major insurance companies. Millin & Millin has secured tens of millions of dollars in unpaid benefits for clients. From health, life, home, and auto, our attorneys are effective and swift.
Contact us today at (956) 631-5600 for a free case evaluation and to find out how we can help you with your bad faith insurance claim.
During the holiday season, accidental fires tend to occur more frequently because of various reasons: Christmas trees catching ablaze, bad wiring on Christmas lights igniting, electric blankets malfunctioning, or electrical space heaters being placed too close to fire hazards.
When a family faces a catastrophic event like a house fire, the stress added on by insurance companies acting in bad faith can be downright deplorable. In the aftermath of such a misfortune, your family will expect to file an insurance claim and quickly receive compensation for the damage done to their home - this isn’t always the case.
The attorney’s of Millin & Millin are here to help you fight against insurers who are acting in bad faith and making it hard to receive payout for your legitimate home fire claim. It’s important to realize that it is not uncommon that insurers practice in bad faith, but also that you can oppose their illegitimate denials.
If you should find yourself filing a fire insurance claim, then pay attention to some of the common warning signs that your insurer is seeking to act in bad faith. By being familiar with these tactics used by insurance companies, you can know when it’s time to challenge them.
[bctt tweet="Fire insurance claim? Bad faith insurer? Millin & Millin will fight for you. #bad #faith #tactics #MillinMillin #mcallen #fire #claim" via="no"]
Tactic #1 - Your insurer will claim that you do not have an active policy.
One of the first bad faith tactics that insurers will resort to, this sort of behavior generally means they are looking to deny your claim. This type of practice is known as post-claim underwriting and includes insurers alleging that you missed a payment or did not renew your policy when it expired.
As a policyholder, you need to remember that:
In these sorts of scenarios, you’ll have to prove that you do indeed have an active policy. Bank statements showing timely monthly payments can be a crucial piece of evidence.
Tactic #2 - Your insurer says you policy doesn’t cover fire damage.
Insurers may claim that while you do have an active policy with them, it does not specifically cover damage associated with a fire claim. That’s why it is essential that at the time of purchase, you have a clear understanding that coverage does indeed extend to fire claims. You’ll also want to read through the insurance policy to make sure that fire damage protection is mentioned.
If your policy does cover the damage mentioned in the claim, then you’ll likely need the support of an experienced legal team to help you fight the insurer’s bad faith tactics. Millin & Millin can help you get the full compensation that you legally deserve.
[bctt tweet="Bad Faith Tactic #2 - Your insurer says you policy doesn’t cover fire damage. #fight" via="no"]
Tactic #3 - The insurance adjuster is dragging out the investigation.
After any insurance claim, an insurance company will utilize their own adjusters to investigate. In the case of a fire, adjusters will usually determine:
While these investigations can generally take some time to complete (especially when other parties are involved), the decision on your claim should occur within a reasonable timeframe. In the state of Texas, the acknowledgment must come within 15 days, and approval or denial of the claim within 15 days after receipt of all requested information. The insurance company has the option of extending the time for up to 45 days if it offers an explanation for the extension.
If you have not received any information, or a claim approval or denial in a timely manner, then this can be a red flag that the insurer is purposely prolonging the investigation to frustrate you into accepting a settlement that is far less than the claim is actually worth.
Tactic #4 - Placing blame on you.
During the investigation, the insurance adjuster should be able to find a reasonable cause for the fire. However, your insurance company may attempt to claim your negligence caused the accident or damage.
If your fire insurance claim is denied on this basis, it is vital that you hire a lawyer that can defend your rights and challenge the insurer. In the case of a fire, there are often a number of parties (including fire departments, police departments, and public adjusters) that can provide evidence on your behalf. An effective law team can ensure that you receive this assistance and will guide you through the process to help you obtain the full amount you are entitled to.
[bctt tweet="Bad Faith Tactic #4 - Placing blame on you. #not #your #fault" via="no"]
Tactic #5 - Your insurer claims damage mentioned in the claim predated the fire.
An insurer may use this bad faith practice to allege that some (or even all) of the damage existed prior to the fire. By using this tactic, your insurer is attempting to avoid paying your claim in its entirety.
In order to effectively oppose this, it is vital to keep insurance logs and home maintenance records. It’s always a good idea to take pictures of your home’s structure, so as to have evidence of how the house looked prior to sustaining any natural or accidental damages.
Even the most vigilant, safest family has accidents. If you are having to file an insurance claim, it’s likely due to the fact that you have just suffered through a terrible event. Having to deal with the unscrupulous tactics of an insurance company is the last thing you need on your plate during this time.
Depend on the responsiveness of the Millin & Millin legal team to get the justice you deserve. Contact us today at (956) 631-5600 to get the legal representation you need to fight for your rights.
The holiday season is one of the most joyful times of the year; there’s family, friends, food, and a festive spirit that makes the whole time of the year seem like one giant celebration. However, a day of celebration can quickly turn into a moment of tragedy, especially if you or a loved one are involved in an auto accident.
Whether traveling to visit family, or simply enjoying the evening at a friend’s holiday celebration, it’s important to remain diligent on the road. Unfortunately, during the holiday season, 2 to 3 times more people die in alcohol-related crashes, with 40% of traffic fatalities involving a driver impaired by alcohol. There are, however, a few things that you can do in order to improve your safety and that of your family’s as well.
Tips for Traveling Out-of-Town
The safety of you and your family should be number one on your list this year as you travel to-and-fro to visit relatives. Stay safe with these tips:
Maintain Good Driving Techniques During the Holidays
While the holiday season is a time of joy and relaxation for many, it can also be quite chaotic and frenzied because of all the traveling and holiday shopping that takes place. While it’s easy to get flustered by all the aggressive drivers, make sure to maintain good driving techniques yourself. Follow these good driving techniques to ensure safe travel:
Safety Tips for that Holiday Party
Holiday parties usually include a bit of alcohol. Sadly, The National Institute of Alcohol Abuse and Addiction states that between Thanksgiving and New Year’s Day, 1200 people will be killed and 25000 will be injured in traffic accidents caused by alcohol. Consider the following safety tips to enjoy time with your friends and family and get home safely.
You don’t have to be drunk to be affected by alcohol. You may feel normal, but nobody drives well after a drink.
The winter holidays are some of the best days of the year because we get to enjoy time with our loved ones in a festive environment. That why our lawyers at Millin & Millin want you to share this information with friends and family to ensure you stay safe during these busy days.
However, if you are involved in an auto accident, and are dealing with bad faith practices from your insurer, then do not hesitate to contact us at (956) 631-5600.
‘Tis the season to be jolly, but if you’re unfortunate, the holiday season can also mean personal injury. Every year, thousands of people end up in the hospital because of holiday-related injuries. Whether you’re putting up lights, hanging wreaths, preparing a festive meal, traveling, or just working in wintry weather, you’ll want to be a little bit more cautious and patient, as one bad step can send you to the emergency room.
The attorneys at Millin & Millin, PLLC understand that sometimes accidents happen, but the best way to avoid them is to recognize what steps you can take to keep them from happening. So take into account the following holiday safety tips to ensure you and your family enjoy a safe and cheerful holiday season.
One of the most commonly reported decorating injuries involves slipping and falling.
With thousands climbing up on roofs and ladders to decorate houses and Christmas trees, it’s no wonder that we sees hundreds of slip and fall injuries during the holiday season. Consider the following safety tips to avoid a horrible accident:
Don’t let holiday travel dampen your holiday cheer.
Traveling means lifting and carrying baggage, but you’ll want to be extra mindful of your body to avoid common neck, back, and shoulder injuries. In fact, these injuries are so common that the Consumer Product Safety Commission reported 75,543 luggage-related injuries in 2013. So as you travel to visit loved ones consider the following tips:
Be careful when carving.
Turkey, ham, roast, and pies are all delicious holiday traditions, but they also require knife safety. The American Society for Surgery of Hands reports that hand lacerations are one of the leading causes of holiday injuries, so be wary and take care of those free fingers to avoid a carving injury. Here are some simple tips to remember:
An electrical shock is not the holiday surprise you need.
Electrical accidents are common during the holiday season because of the use of Christmas lights. Overloaded outlets and frayed wires can have horrific consequences on an unsuspecting victim, so remember to use the following tips to avoid an electrical shock:
This time of year can be especially hectic with huge to-do-lists that cause safety measures to be overlooked, and even then, sometimes the safest families have accidents.
If you are having to file an insurance claim, it’s likely due to the fact that you just suffered a terrible accident. Having to deal with the bad faith tactics of an insurance company is the last thing you need on your plate during this time. Depend on the responsiveness of the Millin & Millin legal team to get your rightful compensation from deceitful insurers.
Contact us at (956) 631-5600 to get help from the premier bad faith insurance lawyers of the McAllen metro and Rio Grande Valley.
Every insurance company owes it to their policyholders to act in good faith. When an insured individual has been involved in a circumstance that directly affects his or her way of life, the policyholder usually files an insurance claim immediately so that compensation can be granted and to diminish unexpected financial burdens.
Lamentably, policyholders face deeper issues when their insurer deceives them.
Although acting in bad faith, or implementing unfair practices in a valid claim, is out of compliance with the Texas Insurance Code, insurance companies sometimes prefer to not fulfill contractual obligations for their own advantage.
Are you currently dealing with a bad faith insurance situation?
Let the attorneys at Millin and Millin represent your case.
Although insurance companies are responsible for bad faith practices, insurance adjusters also play a role in this wrongful behavior. Adjusters have the responsibility of processing and properly investigating a claim, developing reasons why a claim should be denied, and figuring out whether the policyholder was at fault in a given incident.
In most cases, adjusters will spend hours investigating and trying to find details and evidence that can aid in denying a claim. These acts help adjusters implement claim evaluation techniques that can have a negative effect on a policyholder’s claim.
Courts around the nation have concluded that an insurance company must have systems that their adjusters can depend on when evaluating a claim. Although a bad faith act should never be a company standard, nobody truly knows exactly how insurance companies operate, so it’s difficult to get a full disclosure of what happens behind closed doors. There are, however, recognized tactics that are utilized by insurance companies.
Below is a list of examples that can aid in identifying a bad faith act:
There are certain steps that can be taken if you believe that your insurance company is acting in bad faith. Those include contacting the adjuster’s supervisor or taking legal action in an attempt to recover what is owed to you.
Most people begin by gathering all the facts and vital proof that can be used to back up their assertion. It is also advisable that claimants keep their cool when attempting to contact a supervisor about the matter; cooler heads prevail and will help you to receive the attention of a higher authority rather than being disregarded as a vexed claimant.
After your conversation, stay in contact, and following up as needed. Make sure that you send a certified letter to both the supervisor and a copy to the adjuster. Summarize all the elements that were discussed by phone and add an additional paragraph that details why you believe your adjuster acted in bad faith.
Conclude by saying that you are hopeful that both the insurance company and adjuster will begin a fair negotiation of your claim and that you will seek legal representation if the situation does not change.
If you find that your claim was rejected even after attempting to come to an honest agreement, then do not hesitate to contact the attorneys at Millin & Millin. Our litigators have advocated for McAllen metro residents who have had to deal with bad faith insurance tactics. Our attorneys possess superior experience and the necessary knowledge to bring forth an exceptional case.
Contact us at (956) 631-5600 for a free consultation.
The holiday season is one of the most joyous times of the year. There’s a wonderful abundance of family, friends, festivities, and cheer. But there’s also an increased risk for a holiday mishap. Especially fires.
Naturally, the first instinct is to turn to your homeowners insurance company after a disaster. Once a claim is filed, your insurer will send over an adjuster to evaluate the damage. Sadly though, the adjusters are representing the company’s interest first and foremost, which means the homeowner gets the short-end of the stick.
In a catastrophic house fire, for example, the insurer will often recommend a professional cleaning service to clean the carpets, furniture, etc., rather than pay replacement costs.
Rather than have to deal with the consequences of a bad faith insurance claim, consider taking the necessary steps needed to reduce these risks.
The National Fire Protection Association (NFPA) issued a report in 2015 that showed that between the years of 2009-2013, Christmas trees were responsible for an estimated 210 house fires per year; this lead to an annual average of 7 deaths, 19 injuries, and $17.5 million in direct property damage.
Although Christmas tree fires are not very common, when they do occur, they are more likely to cause serious damage. Consider the following recommendations to avoid a fire hazard:
The same study completed by the NFPA found that U.S. fire departments responded to an average of 860 home fires during the same time frame (excluding Christmas trees). Annually, these fires account for an average of 1 death, 41 injuries, and $13.4 million in direct property damage.
Additionally, candles accounted for 38% of home decoration fires, with half of those occurring during the month of December. Remember the following candle safety tips to avoid a holiday tragedy.
Fireplaces are uncommon in the McAllen metro area, but electric space heaters are still widely used during those occasional winter cold fronts. While necessary for many families, the NFPA urges caution and ask the public to practice safe heating tips. Though electric space heaters only account for 32% of home heating fire involved space heaters, they cause 79% of home heating fire deaths.
The leading factors for space heater fires includes the equipment being too close to combustible items such as furniture, clothing, and mattresses, as well leaving the space heater unattended.
Millin & Millin bad faith insurance lawyers offer the following tips.
Even the most vigilant, safest family has accidents. If you are having to file an insurance claim, it’s likely due to the fact that you have just suffered through a terrible event. Having to deal with the unscrupulous tactics of an insurance company is the last thing you need on your plate during this time.
Depend on the responsiveness of the Millin & Millin legal team to get the justice you need when seeking your rightful compensation from deceitful insurers.
Contact us at (956) 631-5600 to get the legal representation you need.
In life, one thing that is guaranteed and cannot be avoided is change, and it sometimes comes as a surprise whether one likes it or not. But there are two types of change: those that we embrace and the ones that negatively affect our well being. So, what do you do when life throws you a curveball?
Perhaps you were in an accident that caused severe injuries, or you were a victim of catastrophic loss, in which your property and belongings were destroyed. The most reasonable response would be turning to your insurance company to obtain the necessary compensation.
After all, you are only seeking the financial help that rightfully belongs to you as a policyholder. While for the most part, there are plenty of devoted and loyal insurance companies who care about seeing you back on your feet after a life changing event, not all insurance companies have your best interest in mind.
Acts of bad faith happen all the time, but you do not have to be a victim. If you or a loved one are struggling to obtain fair compensation after an accident or unexpected event, contact Millin & Millin PLLC today. Our reputation and impeccable knowledge in civil litigation has helped many individuals take advantage of their legal rights.
How do you know if your insurance company is acting in bad faith?
Below are a few examples of insurance bad acts:
An insurance bad faith results in deeper loss for the company when the insurer fails to provide the claimant what he or she deserves by law. In one bad faith case, there was a man who was struck by a truck as he raked the leaves of his front yard.
Apparently, the driver had jumped the curb and hit the man. The injured individual was rushed to the hospital where he was diagnosed with a broken neck, brain hemorrhages, and a herniated disk.
Weeks after the incident, the man received minimal compensation from the driver’s insurance company and so decided to file a claim right after.
The insurance company was required to pay him $100,000 in underinsured motorist coverage. After his claim was ignored and unfairly denied, the man sued the insurance company and received $8.2 million in damages.
Those who do not have to worry about whether they must pay taxes on bad faith litigation recoveries are those who are granted compensatory damages for physical injuries or physical sickness.
Individuals who are not adequately compensated or whose health has worsened because of an insurance company’s failure to provide appropriate compensation are usually exempt from paying taxes.
However, one key element to take into consideration is to understand who paid the premiums on the insurance policy. If your employer paid the premium than you are subject to taxation.
The team at Millin & Millin PLLC is ready to advocate for your legal rights. We have helped a multitude of individuals from all around the Rio Grande Valley deal with bad faith insurance claims. Contact us today for a free case evaluation at (956) 631-5600.
Life insurance policies can help a family financially prepare for the unfortunate loss of a loved one.
Life insurance policies traditionally require that the insured policy owner pay premiums to the insurance company under the agreement that the insurer will pay a certain amount of money to the beneficiary after death.
Unfortunately, insurance companies do not always act fairly. Insurers may unjustly deny or delay claims for a number of reasons. That’s why it is exceedingly important that as the policyholder (or beneficiary), you know what a purchased life insurance policy includes.
But even when you are aware of the specifics of your policy, the insurer may act against your interest. That’s why at any delay or denial, you should have an experienced bad faith insurance firm like Millin & Millin PLLC assess your situation.
It is the responsibility of the beneficiary (if of age) to file the life insurance claim. Generally, a life insurance claim examiner will be assigned to your specific case and request the necessary forms needed to start the process including: an autopsy report, coroner’s report, medical examiner’s report, or other relevant documents.
If additional documents are needed you should be notified promptly to avoid delays. Once all the necessary authorizations have been signed, submitted, and filed, the insurance company must make a final decision on the claim within 30 days.
If the claim is to be paid, the insurer will provide the beneficiary the option of either being paid in a lump sum or having the funds deposited into a special account set up by the life insurance company. As a beneficiary, you have the right to request interest on a total payout if the claim was not paid within a reasonable time.
Unfortunately, a vast number of cases are unjustly denied by excuses designed to convince a beneficiary that the claim was invalid for a number of legal reasons.
Denial letters are often purposely drafted with difficult legal terms and ambiguous reasons to make the argument more convincing. It’s important to remember, however, that such letters should never be accepted as final verdict until an experienced attorney is able to analyze the situation.
Life insurance claims can get denied for a number of reasons including, but not limited to:
An insurer has the right to contest a policy if the insured died within the first two years the policy became effective. Contesting the policy usually consists of analysis of the various policy forms and application, which provide vital information about health, age, hobbies, etc.
If an insurance company is able to garner information that was not directly stated in the application, then the claim may be denied.
While only material misrepresentations (those that affect risk) can result in policy cancellation, insurers will attempt to contest under these conditions, even when the claim is valid.
Be aware of contestability and possible outcomes.
Generally, a policy is only active as long as premiums are up-to-date and paid. If there is a failure to make a payment, then the policy may lapse or terminate.
Very often, insurance companies are able to deny claims using nonpayment of premiums as justification. As a beneficiary, be aware of premium due notices and whether you were properly warned about an impending lapse.
A claim may be denied if there is no designated beneficiary. As there are provisions in a policy that state who should get the insurance money if there is no beneficiary, these claims may result in lengthy delays, or an outright denial.
Policy exclusions are used frequently to deny claims as they are ambiguous and allow for a number of possible of scenarios to be rationalized as non-payable.
Every state has their own set of statutes that govern the rulings behind insurance claims. However, they generally apply to state law claims and do not have legal standing in cases controlled by federal laws.
The claims adjuster working on your case may not have a full understanding of your specific state laws and may misinterpret them for the insurers benefit.
Insurance companies may attempt to deny your claim for a number of reasons, but that does not mean you are out of options.
A life insurance claim that has been fully and properly submitted, but not paid within 30 days can be considered delayed.
Delayed claims can often lead to denied claims, as adjusters will attempt to utilize this extra time to gather evidence to support a rejection. If you allow a delay to run indefinitely without an adequate explanation from the insurer, you increase this risk of denial.
If there is a delay in the claiming process, the insurance company must provide a reason for doing so. If there was no explanation provided, you will need to speak with experienced legal experts like Millin & Millin PLLC to get to the bottom of the issue.
Some of the most common reasons for delays include, but are not limited to:
A life insurance claim may be denied on the basis that the beneficiary is a minor and cannot receive the proceeds without a guardian.
A lawyer can help you to expedite payment of your claim once proper guardianship documents have been filed.
Including the funding of a life insurance policy in a will can result in claim delays. As a life insurance policy is a contract with another party, it cannot be legally controlled by the will.
After a major life event, such as a divorce, marriage, childbirth, etc., many people will want to change the beneficiaries on their life insurance policies.
Failing to do so may mean an excess of beneficiaries and the claim may be delayed as the insurance company proceeds to file an interpleader.
A failure to name a specific person, and instead use a group of people such as “children” or “relatives”, will likely result in a life insurance claim being delayed.
Also, when no beneficiary is named, the policy will be paid out according to the law of the state where the policy was taken out or according to policy terms. This issue will cause a delay as well.
There may be a delay in paying a claim when the primary beneficiary is not available (predeceased the insured or is not capable under law) and there is no secondary beneficiary.
If there is no contingent (secondary) beneficiary the claim will likely be delayed.
When submitting a claim, it can be in your best interest to obtain an experienced attorney who can help the beneficiary file the correct medical and financial information.
In order to avoid unnecessary delays or denials in a claim settlement make sure to:
You have the responsibility of providing the insurer with correct information on the life insurance application. You should provide the requested information in good faith as failing to do so can lead to a legally denied claim.
If you do not disclose certain medical conditions that can affect your health, the policy will be cancelled due to material misrepresentations.
If you do not designate a beneficiary, your family may have to deal with litigation disputes about who should receive the insurance monies. If there is no beneficiary, funding is paid according to the provisions of the policy.
This is exceedingly important; paying your premiums on time will help to avoid policy lapse or cancellation. Also, make sure to update your contact details or address changes to maintain receiving premium-due notices.
An insurance company cannot and will not settle a claim until all required documents are officially submitted. Documents can include forms related to the policy and documents proving the death of the insured. You will also be required to provide proof of your identity.
It is a good idea to send all documents in together, as a delay in submitting one document can mean a delay in claim decision. Also, if you are unable to obtain original documents, then you should produce certified copies of the required documents.
After the loss of a loved one, the last thing you need is to deal with the misleading practices of an insurance company. While insurers may try to play tough, here at Millin & Millin PLLC, we know how to play tougher to get you and your family your just due.
If you are experiencing difficulties with a dishonest insurance agency, then find some relief in knowing that Millin & Millin PLLC is here to help. We have a track record of going up against the big bad wolf insurance companies and getting the compensation you deserve.
Schedule an appointment with us today to find out how we can help you with your claim.
If you are having to file an insurance claim, it’s likely due to the fact that you have just suffered through a terrible event. Having to deal with the unscrupulous tactics of an insurance company is the last thing you need on your plate during this time.
Luckily, there are steps that you can take to help you avoid the frustration of dealing with purposely dragging insurance companies. You can also depend on the responsiveness of the Millin & Millin legal team. Our dedication to justice and results means you get the support you need when seeking your rightful compensation from deceitful insurers.
On top of having Millin & Millin as your advocates when dealing with bad faith tactics, we also recommend utilizing technology to help you work through the claims process. Web tools, insurer apps, and even smart-phone cameras can be vital resources to help you gather evidence, prepare a claim, and submit information to help support your case.
Unfortunately, even when following the appropriate measures to ensure a successful - fully paid claim - your insurer may still attempt to pay you less than what is rightfully yours. Fight back with these tips.
With today’s technology, you no longer have to physically write down everything you own. Nowadays, you can just utilize the camera on your smartphone or tablet to take video of all your possessions, as well as details about your home and its architecture.
You’ll want to take as many pictures as possible, as well as note down any attention grabbing details about your home. The more information you have on hand, the easier it will be for you to recall the particulars should you file a claim at some point.
If you should experience a house-damaging event, then photograph the source of the damage. After taking the necessary steps in gathering information (i.e. pictures and video) then go ahead and do what you must to prevent further damage. However, do not commence with cleanup or repairs until the insurance adjuster has visited you.
When the claims process begins, remember that insurer apps can make sending pictures and other records to the company much more efficient, so take advantage of these options. Also, keep in contact with the adjuster frequently (once a week) by phone or email. During the repairs process, keep receipts for any expenses you paid for as a direct result of having of the damage occur (i.e. supplies used to help contain the damage).
Be aware that filing a small claim may cause a rate increase, so if possible, fix the issue yourself to avoid having a higher premium.
Fighting back: If your insurer continues to hassle you over miniscule or irrelevant details during the claims process then get in contact with your state insurance department. There are usually free services that the department offers that will help you through the claims process and help to ensure you get the legal compensation you’re entitled to under your policy.
Car accidents happen in an instant, but the effects can be felt for a lifetime. Though the stress of being an involved in an accident can make it challenging to gather all the information needed for an insurance claim, try and remain calm.
It’s essential that you do NOT simply exchange insurance and contact information with the other driver(s), but that you also take pictures of the incident. Take photos of the damage to your car, the damage to other cars involved, the accident scene, weather conditions, license plates, registration and insurance cards. If possible, get contact information from witnesses for future purposes. When police arrive and create an accident report, get the report number and a copy of the forms.
When all vital information has been gathered, contact your insurer.
You can generally use any repair shop to get your car fixed, but following the insurer’s recommendations may help to expedite the process.
Fighting back: If the chosen body shop claims that the repairs will cost more than the appraiser says, provide the shop’s estimate to your insurer. There may be differences in costs because of policy specifics, but in these scenarios you have the right to get an independent appraisal. Recruiting an independent party to your case may help you to settle the claim closer to what you feel is fitting.
If your insurer claims that the car is totaled, but value it at a significantly lower price than anticipated, then do some investigation into the selling prices of used cars with similar conditions as your own. You can also ask for the reasoning behind the lower payout. If you feel like the payment is still too low, contact your state insurance department.
Health insurance claims can be an exhausting experience because of a third party - your health care provider. During the purchasing phase of health insurance try and get a clear understanding of what exactly a policy will and will not cover - as well as service requirement specifications. For example, is pre-approval needed to obtain services at certain facilities?
Also, pay attention for out-of-pocket costs for an out-of-network provider. These charges tend to be higher than with in-network providers and processing them may be burdensome because the out-of-network provider has not set up a claims link with the insurer. Make sure to call your insurer with any questions you may have about out-of-network coverage and to take detailed notes of the conversation including date, time, the person you spoke with, and conversation points.
When making a claim, compare the doctor’s bill with the insurer’s explanation of benefits (EOB). Also, be aware that the doctor’s office may have sent you a bill prior to filing a claim with the insurer, so do not pay until you have received the EOB.
Fighting back: Claim denials may just be related to administrative problems, and occur for a number of reasons including the insurer needing additional information from the doctor or a mistake in the billing coding. It is highly recommended that you avoid simply making repeated phone calls and instead immediately go into the appeal process.
Your state insurance department can once again be of great benefit prior to the appeal. They can provide you guidance and information, especially when dealing with large claims. Make sure you have the proper evidence and documentation from your doctors on why a given procedure was necessary.
If after several attempts to rectify the issue and negotiate a claim effectively, the insurance company continues to act in a malicious manner, contact Millin & Millin PLLC immediately at 956-631-5600. Bad faith lawsuits can be complicated, but our experienced lawyers have the know-how to deal with any insurance company – big or small.
If after several attempts to rectify the issue and negotiate a claim effectively, the insurance company continues to act in a malicious manner, contact Millin & Millin PLLC immediately at 956-631-5600. Bad faith lawsuits can be complicated, but our experienced lawyers have the know-how to deal with any insurance company – big or small.
