When your home or commercial property is damaged, dealing with repairs can be an expensive and demanding process. Beyond the repairs, you’ll also need to manage the insurance claim process. If you suspect that your insurance company is unrightfully denying your claim or is attempting to underpay you, you can submit a demand letter to seek the coverage you feel you are owed.
Knowing when to send an insurance demand letter can help ensure your claim is processed fairly and seriously. Keep reading to learn what a demand letter is, when to send a demand letter to insurance company representatives, and how an experienced insurance lawyer can help your case.
If you believe that your insurance company is acting in bad faith against you, an insurance demand letter is a formal letter that you can send to request payment for the damages or losses you’ve suffered. You can think of it as a polite but firm request to the company to treat your case fairly and provide adequate compensation that fits your case. These letters are often used as a last resort before you take legal action against the company.
A demand letter contains:
In many cases, demand letters are sent when the insurance company unjustly denies, delays, or attempts to underpay a claim to the victim. This unfair practice can cause distress and negatively affect your ability to recover from the damages you’ve suffered.
While every case is unique, many claimants will follow the same process when laying their claim. It’s important that you know how and when to send a demand letter to insurance company representatives. Here’s a brief overview of the steps to follow to get insurance coverage:
Before taking any legal steps, it's important you consult an experienced property damage lawyer. They can help you understand your rights under the insurance policy and provide legal guidance that can strengthen your claim.
Sometimes, all you need to do is file an insurance claim to get the compensation you need. However, if your claim is denied, you’ll need to file an appeal with the insurer. This often involves submitting additional documentation or evidence to support your claim.
If the insurance company denies your appeal, it may be time to issue an insurance demand letter. You can also take this step if the insurance company fails to provide a fair settlement or wrongfully delays your claim. An experienced attorney can help you through this process and provide the legal support you need to fight for your rights.
After the insurance company has gotten your demand letter, they may be willing to negotiate. This phase allows both parties to discuss the terms of the settlement and potentially reach an agreement without going to court. The negotiation phase can take a couple of months or even years. But with the assistance of a lawyer, negotiation may get you the results you need.
Going to trial might be necessary if negotiations fail to yield a fair settlement. You’ll need to work with legal representation to present and fight for your case in court. With an attorney’s help, you can secure the compensation you deserve. While going to court can be time-consuming and costly, it may also be necessary if the insurance company remains uncooperative after receiving the demand letter.
The process of getting insurance coverage isn’t always easy. However, working with a McAllen property damage lawyer can make a big difference. An attorney can help you at every step, from helping file your claim to writing an insurance demand letter.
An experienced lawyer knows how to deal with insurance companies and can make sure your rights are protected. Here at Millin & Millin Attorneys, our bad faith insurance lawyers can review your case and guide you through the entire process to secure the compensation you deserve.
Home insurance can help you feel more secure when storms come, but the truth is that getting coverage isn’t always so easy. Even when your insurance company isn’t acting in bad faith, there are several reasons why your homeowner’s insurance claim may be denied.
If your insurance claim is denied, your insurance company may or may not inform you as to why that denial occurred. An insurance attorney can help you figure out the path forward if your insurance claim is rejected.
Keep reading to learn about a few common valid reasons why homeowner’s insurance claims are denied, and get in touch with a bad faith insurance attorney to learn what coverage you may be owed.
The first and most obvious reason that claims are denied is the policyholder’s failure to pay monthly premiums. If you fail to uphold your part of your insurance agreement by paying for your monthly premiums, your insurance company may rightfully deny any claims made under that policy. If this is the reason your insurance claim was denied, you may not be able to do anything to get coverage.
Next, some home insurance policies will deny coverage for damage caused by specific natural events. For instance, flooding caused by rain often isn’t covered under home insurance policies. Be sure to carefully check your insurance policy for any exclusions. If you aren’t sure whether or not your claim should have been covered by your policy, you can talk to an insurance lawyer.
After your property is damaged, you have a limited amount of time in which to file a homeowner’s insurance claim for coverage. Usually, you have one year from the time of the damage during which to file a claim; however, this time limit can vary, so it’s important to check your specific policy. If you fail to file a claim within the amount of time specified by your policy, you may be unable to get coverage.
After a storm or other natural disaster has occurred, your home can be left severely damaged. Sometimes, that damage undermines the home’s integrity, potentially leading to further damage not directly caused by the initial incident. For instance, if wind damages your roof badly enough, a separate rain storm could cause significant harm to your home’s interior. That damage likely won’t be covered, and it could jeopardize your ability to get coverage for the initial roof damage.
Damage to your home can be incredibly inconvenient and costly, but insurance coverage is meant to cover that cost. If your homeowner’s insurance claim is denied, you could be left paying for the damage out-of-pocket. If you think your home insurance claim was wrongfully denied, you may be able to file a bad faith insurance lawsuit to get the coverage you’re owed.
Insurance companies can afford to pay high-powered legal teams to defend their judgments. Don’t put your settlement at risk by facing your insurance company alone. Get help from an experienced bad faith insurance attorney.
Unfortunately, accidents happen and things don’t always go as planned. An insurance claim that's denied only adds to the frustration of an already difficult situation. People end up in predicaments like this all the time, but why and how?
While some claims are denied in bad faith, there are many reasons why a health insurance claim may be denied with just cause. The bad faith insurance lawyers at Millin & Millin are here to present these key factors so that you’re prepared no matter what.
Though the specific details of each case differ, there are a few reasons frequently cited which can cause someone’s health insurance claim to wind up denied. Let’s explore some of these in greater detail:
Of course, you’re always able to appeal, and the company must cover your medical expenses if you succeed. If bad faith is involved, you may need the help of legal counsel.
Take it from the professional bad faith insurance lawyers at Millin and Millin, it’s vital to know what you’re covered for and why insurance claims are denied. If you’ve been denied in bad faith, reach out to our office to take the first steps to set things right!
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Although there are many cases in which an insurance claim is denied in bad faith, there are also many instances in which the denial is valid. How will you know whether or not the decision was appropriate and ethical?
The bad faith insurance lawyers at Millin and Millin are professionals who can help you determine with certainty whether or not your claim was denied in bad faith. However, it’s important to have a general understanding of why and how an insurance company could potentially be allowed to deny your claim.
As stated above, not every disapproval of a claim is done in bad faith. Generally, you should not assume that unethical behavior took place just because your claim was denied. Additionally, there may be instances when there is more of a miscommunication than an outright act of bad faith.
To begin, here are some examples of when it’s reasonable for your insurance company to deny your claim:
For example, however, say there is fire damage in your kitchen, and you have a clause in your policy that accounts specifically for such damages. You submit a claim, but the insurance company is quoting a lower amount than what you feel the damages cost. In this instance, the insurance company could be acting in bad faith, especially if you are able to prove the fire cost you more than they will cover.
If you feel that your insurance company will not compensate you properly, it’s important to reach out to a bad faith insurance lawyer. While it may not be ideal, insurance companies are still businesses and therefore, seek to optimize profits.
In order to do that, some people’s claims are approved for less than requested or outright denied. This is why retaining legal counsel could help you save money in the long run.
For the average person, it can be difficult to tell if your insurance claim was denied in bad faith or not. We hope this guide has helped, but if you need additional support, the bad faith insurance lawyers at Millin and MIllin are always prepared to answer any questions you may have!
While most business owners are probably familiar with the more common types of insurance claims, they may be at a loss when it comes to seeking coverage for more rare types of damage. After a year like 2020, business owners are probably dealing with some pretty rare kinds of losses.
Thankfully, those losses may be covered by a civil authority clause.
While a civil authority clause may offer coverage for losses caused by coronavirus restrictions, making a successful claim under this provision can be difficult, partially due to coronavirus claims being a new type of claim without clear precedents. Because of this, insurance companies may attempt to deny these claims using bad faith tactics.
Today, your McAllen bad faith insurance lawyers at Millin & Millin will go in depth regarding what you should know about civil authority coverage.
A civil authority clause is a provision of some business interruption insurance policies meant to protect the policyholder from the financial damage caused by a closure that was a result of orders made by a government official or other civil authority.
Essentially, if your business is closed after the government has prohibited access due to a natural disaster, you may be able to file an insurance claim under a civil authority clause.
It’s worth remembering that, under these forms of clauses, coverage is offered based on damage done to property other than the insured property itself. This means that if your store was damaged by a hurricane, you probably wouldn’t file a civil authority claim. However, if the hurricane caused damage to the road that once gave access to your business and authorities declared access to the affected area prohibited, then you may be able to make a civil authority claim.
A local or state government or other civil authority may order evictions or prohibit access to regions for many different reasons. A civil authority clause may include these, as well as a few other types of damages:
Keep in mind that not every civil authority clause will cover all of these types of closures. Insurance companies will use the specific language in your policy in an effort to argue against your claim.
If your civil authority closure business interruption claim has been denied, you may want to speak to a bad faith insurance attorney to determine whether or not your claim was wrongfully rejected.
Due to the relative unfamiliarity of coronavirus-related business interruption claims, certain insurers have used bad faith tactics to deny rightful coverage. Nevertheless, there are also ways that these claims can be denied that don’t necessarily constitute bad faith:
This list of possible denial justifications is non-exhaustive, and just because your insurer is using one of these arguments doesn’t mean that they are in the right to do so. If you have any reason to believe that your business interruption claim was wrongfully denied, reach out to the bad faith insurance attorneys of Millin & Millin for an argument that stands strong in your favor.
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Just like other businesses, insurance companies are interested in making money. Because of this, they will sometimes act in bad faith in order to avoid paying out the compensation their policyholders deserve. One of the best ways to avoid falling victim to these bad faith practices is to be aware of them beforehand.
Today, your McAllen bad faith insurance lawyers at Millin & Millin will list the 6 most common types of bad faith practices done by commercial insurance companies. These acts should be taken very seriously as they can result in massive financial losses.
If you have experienced any of these issues, you should contact a bad faith insurance attorney immediately.
There are many ways that insurers can use deception to deny your claim or minimize your rightful compensation. Insurance policies can be incredibly complex, making it easier for these companies to deceive policyholders regarding their contents.
An insurer may use deceptive practices by intentionally withholding information about filing deadlines or available coverage. They may also lie about what exclusions are included in your policy in an attempt to deny valid claims.
Oftentimes, insurance claims are made by businesses that need emergency funds to cover some sort of unexpected damage or financial crisis. Because of this, delays in compensation can be a serious issue.
However, insurance companies usually have a specific reason for delaying their process of approving or rejecting your claim. Delays can give insurance companies greater leverage in settlement negotiations as claimants' needs become more pressing; delays may also discourage claimants from pursuing their claim at all.
In Texas, insurance companies have 15 days to respond to your claim, either by accepting, denying, or requesting more time with an explanation for that request. If you haven’t received a response within 15 days of filing, you may wish to contact a bad faith insurance attorney about filing a suit against your insurer.
In order to deny claims, insurance companies may simply decide not to investigate them fully. It’s possible that the company may have bad faith guidelines in place in order to ensure more claims are denied. Insurance companies are required by law to make a fair effort to evaluate your claim.
An insurance policy is a binding contract for both parties. With that, if you make a valid claim against that policy, the insurance company must accept that claim. Any denial you receive should have a factual and evidence-based explanation.
Insurers aren’t allowed to simply decide to pay you less than you need in order to save themselves money. Regardless, many insurers may attempt to do just that.
If your insurance company is lowballing their settlement offers, they may be acting in bad faith to protect their bottom line.
Sending threatening messages is absolutely never allowed for insurers. This may include threatening to share private information, threatening to harm you or your business physically, or any other messages that threaten any sort of harm for any reason.
If you receive any messages of this type, contact a bad faith insurance attorney. The law takes these actions very seriously.
Don’t let insurance companies take advantage of you. Seek the guidance of Millin & Millin bad faith insurance attorneys.
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Here are some basic tips to keep in mind when submitting your Hurricane Hanna claim:In the case of this storm, these repairs may include closing holes in your roof, boarding up broken windows, and removing wet building materials from your property. This is an obligation under each of your policies.
Make sure you are hiring reputable contractors. Unfortunately, we have seen a number of cases where inexperienced or dishonest contractors and/or public adjusters take advantage of property owners dealing with catastrophic events.
For flood claims, it may never be advantageous to hire a lawyer, as you will never be entitled to attorney’s fees and, therefore, attorney’s fees would come out of your insurance payment amount.
COVID-19 has monumentally shifted how the world does business, putting a great deal of small business owners in financial hardship. While the government has given small businesses and large corporations some monetary relief, the case still stands that business owners are living through a time of great financial turmoil.
Business interruption insurance might be the only form of survival throughout this time of slowed business. Unfortunately, some insurance providers have taken measures to prevent businesses from getting the assistance they most definitely deserve.
But there is still hope. The trusted team at Millin & Millin is willing to work tirelessly to fight for your rights during these (financially) trying times, and guide you through all there is to know about business interruption insurance claims.
Business interruption insurance is a crucial topic throughout this pandemic. Many business owners have been forced to close down operations, causing detrimental losses for many businesses across the US.
There are several aspects that determine whether or not you will be able to obtain financial aid through your business interruption policy. Factors that will affect eligibility may include the state where the policy is located, the type of business covered, and whether the policy-holder is a franchisee or franchisor.
Business interruption insurance is meant to protect business owners against financial strain in times when going about normal business isn’t possible. Usually, a business interruption insurance policy is established to handle costs including lost revenue, daily expenses, rent bills, and other financial losses.
Business interruption insurance can offer relief for numerous unprecedented situations. Certain companies have claimed coverage for cybersecurity breaches, while others have received aid upon product recalls.
Unfortunately, lots of insurance providers have found ways to deny valid claims made by policyholders, but you don’t have to accept this as your final determination. The court system is designed to protect policy owners from unjust treatment by insurers.
Note that before you can get any sort of financial recovery aid, you have to initiate a claim.
The first thing you’ll need to do is verify whether your business qualifies. You can begin this process by seeking a copy of your current business insurance policy and declaration page. Your insurance agent or a lawyer can assist you with this, as the language and wording in your policy can be quite complicated. It’s possible that your policy might include additional contingent coverage for diseases like COVID-19.
Once that’s settled, you can then file a claim, and keep track of deadlines. Timing matters when handling insurance claims, and whether your policy’s time frame calls for 60, 90, or 180-day claim notice, you’ll have to work within these time frames.
Calling or emailing your insurance provider is a great place to start with the claims process.
To present your claim for consideration, you must carefully examine the damage you’ve suffered and document those losses. These include loss of sales, extra expenses such as payroll, rent, materials, and replacement inventory. Make sure to also take note of sales trends and business cycles to concisely demonstrate coronavirus-related losses.
Other factors you’ll have to look into in this time are periods for restoration, along with your attempts to subsidize losses. By keeping all the necessary documents and remaining in touch with your insurance provider, you may give yourself a fair shot at securing coverage.
If for whatever reason your claims are still rejected, there are other approaches toward recovery aid.
If you believe you’re entitled to financial recovery due to COVID-19, the team at Millin & Millin can help.
Our well-versed insurance attorneys can thoroughly go over your insurance policy, and with that information, help you develop a plan of action for getting you the coverage you deserve.
Contact us today at (956) 631-5600 for a free case review and for some peace of mind through these financially trying times.
When you have suffered a personal injury accident, it’s logical that the first step you will want to take is to call your insurance company. Naturally, you’ll want to start the process of having your insurer take care of you - and that makes total sense.
The problem is, your insurance company may start to act in bad faith, failing to provide you the benefits you are owed or pressuring you to agree to a settlement for less than you deserve.
Suffering an accident is hard enough, but having to deal with an insurance company on top of that can be completely overwhelming. Thankfully, you don’t have to go at it alone.
An insurance attorney can make sure your insurance provider isn’t trying to take advantage of you and can negotiate on your behalf. If you’re feeling overwhelmed after a personal injury accident, contact Millin & Millin today.
Even when insurance companies don’t outwardly act in bad faith, they still may try to have you agree to a settlement for less than you deserve. Insurance companies stay in business by keeping payouts low, so they may challenge your description of the incident or ask you to jump through hoops in order to frustrate you into taking whatever settlement they offer. At times, insurance companies and their adjusters may make unreasonable demands on information to provide them in an attempt to stretch out the duration of your claim, causing you to pass the statute of limitations to complete your claim.
A trustworthy insurance claim lawyer, on the other hand, will always keep your needs first. An attorney familiar with the process of making insurance claims can make sure that everything in your case goes smoothly, providing you the legal guidance you need to avoid any pitfalls.
Insurance companies like to rush claimants into settling quickly in order to keep settlements low. If you sign legally binding documents right away, only to later discover that you were more seriously injured than you thought, you will likely be unable to recover any additional money for medical bills and other costs associated with treatment.
It can also be hard to tell exactly what you’re agreeing to. Insurance companies may try to convince you to sign a full release when you think you’re signing a property damage release. Insurance companies may pressure you into signing medical release forms.
In general, it’s best to check with an attorney before you sign anything from an insurance company.
Speaking of full releases, property damage releases, settlements, negligence, liability, fault — insurance talk can be downright confusing. If you attempt to negotiate with an insurance company on your own, they will use your lack of experience against you.
At times, insurance adjusters will take advantage of the situation and utilize their experience to make the process as intimidating as possible. But a dependable attorney will fight and make sure the insurance company gives you the compensation you deserve.
In most cases, insurance companies record conversations with their clients. Even if you feel you’re having a friendly conversation and feel safe confiding in the adjuster, it’s important to remember that your adjuster works for a billion-dollar company trying to be as profitable as possible.
Just telling the truth can reveal facts that your insurance company has no right to know and no right to ask for. Your best bet is to wait until you have legal guidance on how best to approach the situation or a lawyer who can adequately negotiate on your behalf.
The bottom line is, insurance companies can leave you out to dry if you don’t have legal representation. The insurance process is anything but intuitive, and it should be taken very seriously- especially when it comes to your physical and financial well-being.
While your case may seem simple to you, the reality is that many factors can come into play, affecting your ability to secure the benefits that are rightfully yours. On the other hand, if there are other complicating factors you don’t know about, hiring an attorney can mean the difference between getting the compensation you need and not having enough for your medical bills or other financial needs.
Insurance companies may not always act in good faith because they are too concerned with their bottom line.
Your lawyer’s job is to protect you, not a billion-dollar company. The dedicated attorneys at Millin & Millin will do everything in their power to make sure you get the settlement you and your family deserve.
At the beginning of the new year, many people often make resolutions to better themselves. From eating healthier to exercising more, saving money to completing a project, we all make goals for the year.
In 2020, resolve to better protect yourself and your loved ones by performing an annual insurance review. This simple act can save you from a ton of problems should you have to file an insurance claim down the road. By knowing exactly what coverage you have and - perhaps more importantly - what you are missing, you’ll be able to make the right decisions about your insurance needs.
Your insurance claim lawyers at Millin & Millin highly recommend you review your policy at the start of every year with your insurance agent. Here’s why.
If you have coverage for any of your property - including a home or other valuables - you may find that you are actually underinsured because of how property value increases. For instance, if the property value of your home is greater than the cost of when you first bought it, then you may not have enough coverage to rebuild in the event of a catastrophe.
For example, if you paid $150K for your home but over the years its value has increased to $250K, then a lack of coverage could leave you footing the bill on any damages suffered.
When reviewing your insurance policy, you may find the means by which to save yourself a bit on insurance costs, including taking advantage of discounts you weren’t aware of, adding extra coverage at no extra costs, or even taking coverage off of property you no longer have, such as a vehicle you recently sold.
Depending on your insurance provider, you may even be able to lower your premium if you have improved your credit score over the past year, decided to pay an annual premium versus monthly installments, or simply been with the company for a significant amount of time.
Businesses in the United States are expected to have certain policies in place in order to protect employees and clients. Failure to update your coverage can lead to substantial penalties, or even bigger issues, like being sued by another party.
It is much better to be proactive when it comes to your business and seek out adequate coverage so you can protect your business and yourself from financial hardship.
When performing an annual insurance review, there are several questions you will want to ask your insurance agent in order to ensure that you have the protection you need to keep yourself, your family, and your valuables safe.
Start the decade off on the right foot by reviewing your insurance policies. If it’s been some time since you last examined them, you’ll have the opportunity to make adjustments before disaster strikes. This can prove to be absolutely pivotal when making an insurance claim.
Unfortunately, even with the right coverage in place, insurance companies may still act in bad faith. If you are dealing with an insurer who does not want to pay out the coverage that is rightfully owed to you, then do not hesitate to contact the dependable and trustworthy insurance claim lawyers at Millin & Millin. We have the skill, knowledge, and compassion necessary to get you the results you need.
