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.
Trying to stay healthy and safe during the coronavirus pandemic is at the forefront of everyone’s mind right now. However, in order for social distancing to take place and be effective, businesses have had to adjust to local, state and federal mandated orders to either shut down operations or alter them significantly.
These changes have greatly affected the revenue business owners would normally bring in during this time frame. In order to stay afloat and provide for employees, many companies have been making claims against their business interruption insurance.
Due to the widespread need for financial help right now, insurance companies have been less accommodating to claims that are being filed.
If your insurance company is acting in bad faith and failing to properly deal with your claim, the team at Millin & Millin want to represent you. We can challenge insurers who refuse to provide you compensation and ensure you obtain the coverage that is rightfully owed to you.
For a business interruption claim to be accepted, there needs to be evidence of property damage and physical loss of use of certain kinds of assets. When these kinds of claims are approved, it’s typically due to the aftermath of natural disasters, fires or acts that damage the physical aspects of your business.
The challenge business owners are currently facing boils down to the lack of insurance law on viral pandemics. While these are unprecedented times, and the need for business interruption claims are widespread, businesses aren’t getting the help they need.
Part of the reluctance of insurers is their own efforts to save money, which causes the denial of viable claims. Because there aren’t specific laws in place regarding interruption claims made during a pandemic, it has been difficult for business owners all across the company to receive help from their insurers.
However, this doesn’t mean it isn’t worth your time to seek out restitution with the support of qualified insurance attorneys who can handle bad faith claims.
In an article from the Chicago Tribune, Thomas Bentz, an attorney on the insurance industry team at Holland & Knight said that the fight insurance companies are putting up boils down to economics.
Insurance doesn’t work where everyone has the same loss at the same time. If you have 100% loss across your portfolio, it’s not sustainable,” Bentz says.
The article also covered how new bills are being introduced across the country to require insurance carriers to cover business interruption claims filed due to Covid-19. This is progress and evidence that the government is holding insurance companies accountable for the new reality we are all living in. Unfortunately, these bills are not being passed in ALL states.
Millin & Millin has been working aggressively for the past two decades to represent individuals dealing with bad faith insurance companies. With our support, we’ll see to it that you are fully compensated so that you can preserve your company during these trying times.
The construction industry can be brutal and the laws affecting it can be very complex to navigate. Unfortunately, when a contract goes south, those involved in the project can end up facing substantial financial losses. Construction business owners, service vendors, construction workers, and all others involved in a given project face serious risks when getting involved in a project.
Thankfully, there are ways to protect yourself and to obtain the compensation that is rightfully yours if something goes wrong.
Your construction law attorneys at Millin & Millin can help you get paid through a mechanic’s lien. Also known as a construction lien or contractor lien, filing a lien against a property can help to ensure that your rights are fully protected and that you obtain what is owed to you.
Our attorneys can effectively represent construction contractors or property owners facing a construction lien dispute.
A lien is a document that certain parties can use as a way to obtain payment for their services rendered. The lien typically documents the amount owed, the party responsible for payment and other vital information regarding property records.
If the debt is not paid on time to the creditor, then the lien can begin to affect the debtor’s credit, as well as their ability to sell or refinance the property, along with other legal issues.
A mechanic’s (or material men’s lien) is a means by which certain parties involved in a construction project can get paid for their work. Mechanic’s liens typically cover labor, materials, supplies and any equipment used to make improvements to a given property. Depending on the specifics of the contract or project, liens can be filed before work begins and then removed once the debtor has met their financial obligation.
Mechanic’s liens can also be filed for work that has already been completed.
A mechanic’s lien can be filed by a wide range of parties who may have been involved in the construction project, either by providing labor, services or materials, including:
While liens do not necessarily force the creditor to pay you immediately, they do create a legal hazard that most property owners do not want to face. Liens against a given property essentially make it difficult for the owner to sell or refinance the property until the lien is paid.
In order for the property owner to use the property effectively, they will want to pay off their creditors to obtain a clear title. Should a debtor fail to pay off what is owed, the creditor can file a lawsuit to force the sale of the property so that they can obtain payment for their services from the selling of said property. With foreclosure being such a real risk, most property owners would rather pay off what is owed.
If there are multiple liens against the same property then Texas law will determine in what order creditors are paid.
There are certain deadlines and important due dates that any individual wanting to file a lien should be aware of. Parties who are contracted directly by the property owner do NOT need to submit a preliminary notice if it is related to a commercial project. For individuals wanting to file a lien on a residential project, then the contractor must file with the county recorder.
In order to file a lien on a commercial project, a general contractor should do so by the 15th day of the 4th month after last month that they provided materials or labor to the project. For parties wanting to file a lien for a residential project, they should do so by the 15th day of the 3rd month from when they last provided materials, labor or services.
When it comes to actually enforcing the lien:
Thankfully, in the state of Texas, parties involved in a construction project have plenty of protection to secure the compensation that is rightfully theirs. However, the process of filing and/or enforcing a lien can be complex without the assistance of a qualified attorney.
If you need support with filing a lien against a party that has failed to pay you what you are owed, do NOT hesitate to seek out the guidance and assistance of the construction law attorneys at Millin & Millin. We want to make sure your business continues to thrive.
Have you ever had a questionable or unfair insurance claim settlement in Texas? If so, you may be able to challenge the decision with the help of the bad faith insurance claim lawyers of Millin & Millin.
One party that can be held legally liable for an act of insurance bad faith is the insurance adjuster who handled your claim.
Many people are unaware that insurance claim adjusters — who investigate cases on behalf of the insurance company— can face civil lawsuits in Texas for errors and omissions (E&O) whether they are company, independent or public adjusters. Our bad faith insurance insurance lawyers can determine whether the insurance adjuster lived up to their duties and obligations as fiduciaries under the Texas Insurance Code.
Unfortunately, adjusters are sometimes sued unnecessarily either to pressure them to implicate the insurance company’s policy or to defeat diversity jurisdiction (keeping the case out of federal court).
Such cases are usually clear-cut and only result in wasted time and money for everyone involved.
A 2018 Insurance Litigation Report on 93,000 federal district court coverage cases between 2009 and 2017 found that in cases involving bad faith claims, approximately 90% found no bad faith on the part of the insurer, though most of these were resolved by summary judgment – when taken to trial, bad faith findings were closer to evenly split.
To bring a successful civil lawsuit against adjusters in Texas, there must be clear facts and evidence or at least red flags that the adjuster has acted in bad faith, either on their own initiative or on behalf of the insurance provider. Some examples of bad faith acts done by an insurance adjuster include:
Insurance claim adjusters are not neutral third-parties acting on behalf of a corporation that bears all the risk and blame – adjusters have multiple duties under the Texas Insurance Code and can be sued individually or jointly in bad faith cases. These duties include accurately representing facts and policy provisions to both parties (policyholder and insurance company), providing a reasonable explanation for a denied claim or settlement offer, and conducting a reasonable investigation prior to denying a claim.
Having a contractual obligation to the insurance company is not an excuse that adjusters can use to justify unfair decisions or deceptive practices.
Bad faith claims are often successfully prosecuted in cases of property damage or auto accidents where there is personal injury or even death (frequently involving payouts due to uninsured motorists). If you believe you have been the victim of a questionable or inequitable insurance claim settlement, contact a bad faith insurance claim lawyer as soon as possible to hold the adjuster and/or insurance provider responsible.
The past few years have seen a few devastating hurricanes cause massive amounts of damage to Texas’ coastal region. While we here in the Rio Grande Valley have been fortunate to avoid any catastrophes, the reality is that a major storm can eventually hit our region.
That’s why being prepared this hurricane season is so important.
You not only want to have a plan in order to protect yourself and your loved ones, but you also want to make sure that you have the right insurance coverages in place so that you don’t have to handle the costs of hurricane damages all on your own.
Let the dedicated bad faith insurance claim attorneys of Millin & Millin provide you some tips that can help to minimize any storm damages while also giving you insight into additional insurance policies you may need to purchase.
Before a hurricane or tropical storm hit, you’ll want to take the proper steps to protect your home and property.
a. Inspect your roof for any damages such as leaks, loose or missing shingles, cracks, or other signs of roof damage that could become a major issue should a hurricane strike. Get it fixed as soon as possible.
b. Double check that your windows and doors are properly sealed with caulking.
c. Check your home’s gutters and drains for any damages that can lead to water leaking into your home.
d. Clean up your yard including trimming loose branches and placing loose objects into a storage room or home.
If a storm is definitely going to hit the region, you’ll want to protect your windows by using plywood or having storm shutters installed if possible.
Alongside physically preparing your home for a storm, you’ll want to make sure you have the right insurance coverage.
Many homeowners do not know exactly what their insurance covers and this can lead to a world of financial trouble if they aren’t careful.
Generally speaking, home insurance policies typically do not cover flooding and certain other damages that can occur if you live in an area prone to hurricanes, tropical depressions, or floodings. To ensure you are fully protected, start investigating as to whether or not you will need:
While we hope that our region will be able to avoid any major storms this hurricane season, we also want to ensure that the people of the Rio Grande Valley are fully prepared. Should your home suffer severe damage caused by a storm and you cannot secure the coverage to you, do NOT hesitate to contact the experienced insurance claim attorneys of Millin & Millin.
Whenever you sign up for insurance, either life, home, or auto, you do so under the belief that you will be protected should you or your property suffer some sort of damage. Insurance companies claim that they have all the resources and knowledge needed to help you successfully settle your claim - and that you won’t have to worry about a thing.
While they know how to sell to the consumer, do they actually know how to take care of them? The answer might be a bit startling.
The American Association for Justice (AAJ) did extensive research to compile a list of “The Ten Worst Insurance Companies.”
The organization dug through thousands of court documents (including those from the SEC and FBI), investigations, complaints, news pieces and testimonials from former agents and adjusters. The organization wanted to uncover which agencies were most prone to acting in bad faith. This refers to an intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others.
The organization found the following 10 companies were the worse culprits of conducting bad faith insurance.
There is a sense of irony when Allstate’s motto is “You’re in Good Hands” and end up being the worst offender. Based on the claims by the AAJ, the reason Allstate was at the top of their list was because of the company’s focus on increasing profits for shareholders rather than actually focusing on delivering quality customer care.
The company utilized deceitful tactics to essentially “lowball” their customers into taking minimal settlements. If the customers did not comply, the insurance would deny the claim.
The others are equally guilty as charged. The reports found that they all play by their own rules, meaning they’ll do whatever they can in order to save the company money while increasing profits. These insurance companies sadly put profits over the policyholders, and because of this, the insurance industry makes $30 billion a year in profits, on top of the $1 trillion they obtain off premiums.
Luckily, if you have experienced bad faith by your insurance, there is hope.
If you need a bad faith lawyer that can defend your rights and help you secure the recovery you so rightfully deserve, then contact the insurance claim attorneys of Millin & Millin. We have the skill, knowledge, and compassion necessary to achieve a favorable outcome you.
Workers’ compensation is a form of insurance that allows for employees to seek out wage replacement and medical benefits in the case that they are injured or harmed in any manner while performing their work duties.
Every state has its own conditions and requirements for employees who are attempting to file for these benefits. If you are going to file for workers’ compensation in Texas, you’ll want to review all information available to you on the Texas Department of Insurance website.
You’ll be able to find guidance on how to seek workers compensation as well as the forms necessary to file a claim.
Alongside understanding the process of what to do when attempting to secure workers’ compensation, you’ll also want to know what NOT to do. Your bad faith insurance lawyers at Millin & Millin would like to share a bit of information regarding filing a workers’ compensation claim so that you can begin the process of healing and recovery.
If you wish to receive treatment, compensation, and benefits for your work-related injury, beware these common mistakes.
1. Not knowing if your employer has workers’ compensation insurance.
Although it is required by many states, in Texas, employers have the ability to opt-out of obtaining workers’ compensation, except if they are public employers or if they fall under special categories.
It is necessary for employers who choose not to obtain coverage to notify the Division of Workers’ Compensation (DWC) and to ensure all employees are well-informed about the lack of workers’ compensation. However, employers who fail to obtain workers’ compensation insurance (also known as nonsubscribers), are liable for workplace injuries and illnesses. If sued, nonsubscribing businesses cannot argue that:
Regardless of the circumstances surrounding the injury, you should know whether or not you are protected by workers’ compensation insurance or if you will have to seek out another legal route to obtain compensation for your injury.
2. Reporting your injury too late.
If you have suffered an injury while on the job, you should report the incident to a supervisor or manager immediately. Generally, accident policies - which contain information on who needs to be notified of your injury - can often be found in the company’s employee manual.
If your company does not have an accident policy, it is best to inform multiple parties about what has happened. This includes your manager, supervisor, co-workers, and also those in Human Resources.
Often employees cannot file for workers’ compensation because they failed to notify their employer within an appropriate time frame. The longer you wait to notify your employer, the more challenging it becomes to prove that the injury happened at work and not on your own personal time.
You should be aware that the law generally requires you submit a written notice to your employer within 30 days of the injury. Although this is several weeks worth of time, you should not wait the entire duration as it may raise red flags.
3. Missing the deadline to file a DWC Form-041.
Once you have reported your injury to your employer, the next important action to take is to file a workers’ compensation claim for a work-related injury or occupational disease.
You can file with the DWC online or in person, but you only have a year after the injury to do so. The organization will gather information concerning your work situation, injury, and status. You may then follow up with the Office of Injured Employee Counsel.
Missing the deadline can impact your ability to obtain benefits or how much you can collect. Make sure to file the DWC Form-041 as soon as you report your injury to your employer.
4. Not Receiving Medical Treatment
It is essential that you seek medical treatment for your work-related injury in order to receive compensation or benefits. Failure to describe all work-related injuries or be truthful with any medical professional providing you treatment can harm your claim and ability to secure benefits.
The employer or insurance will generally appoint you to a company medical provider. Even if you choose to get a second opinion, you must attend these initial appointments to assess work-related injuries.
Additionally, if you begin to obtain workers compensation benefits, but fail to attend sessions with appointed medical providers, benefits can be terminated.
Even employers that do have Texas workers’ compensation insurance may try to opt-out of giving you these benefits, try to deny your claim, or act in an unfair manner.
Whether your home is involved in a fire, suffers water damage from flooding, or has mold, there are steps you can follow to reduce the anxiety and financial worries concerning your situation.
In an emergency situation, it can be puzzling to know who to seek help from. There may be many questions you may have, including:
In the case that you do wish to file a claim on these damages, the bad faith insurance attorneys at Millin & Millin can guide you along the journey towards obtaining compensation.
One of the first steps you might want to take is to reach out to a Disaster Relief agencies and there are many reasons why.
A disaster relief agency is an organization that is trained to assess the damages caused by a variety of incidents. These organizations can assist you in dealing with your insurance company to help restore your home.
Individuals working for disaster relief agencies can answer many of the questions that may be on your mind. Additionally, they can aid you in cleaning up the mess, help you to gather evidence for your claim, create an estimate for restoration of damages, and help you to deal appropriately with your insurance adjuster.
Some agencies even render the aid themselves and can help to rebuild your home.
The first step to dealing with a disaster is to make sure all of the home occupants are safe. If trouble does arise, contact emergency responders such as the fire department in case of a blaze.
Next, you will need to assess the damages yourself. Consider if the home is safe to remain in or if it is best to evacuate and seek shelter. If the home is safe enough to enter, assess the damage and take pictures as well as video to document the damages.
DO NOT, by any means move, rearrange, or try and clean up the damages. If you need to file a claim with your insurance company, they will need documented proof of the damages caused by the disaster. If you attempt to clean up the damages yourself, your insurance company may attempt to place fault on you.
Should a natural disaster or accident cause substantial damage to your home, you’ll want to take the necessary steps to ensure that you get a fair settlement. Take the following actions when filing your insurance claim to get your damage repaired properly and efficiently:
Keep in mind that the value of your compensation depends on many variables. Here are some things that may decide if you get compensated and at what value:
Get on the path of rebuilding your home by calling the legal experts at Millin & Millin today at (956) 631-5600.
Emergencies happen, whether you have health insurance or not. When a medical emergency happens, seeking medical attention becomes a necessity.
While an emergency room cannot deny you medical services if you do not have insurance or cannot cover the cost, they do retain the right to bill you for services rendered. In this situation, the hospital may issue a hospital lien.
Our experienced bad faith insurance attorneys at Millin & Millin want to shed a little light on what this process is and what rights you have.
Under Texas law, a hospital lien can be issued by a medical care provider when a victim injured by a negligent third-party receives emergency treatment but cannot pay their medical bill because:
The hospital would generally request payment of these medical bills from any compensation recovered from a negligent third-party by the victim.
In accordance with Texas Penal Code 55.002(a), if a hospital treats someone that was injured by a negligent third party and who cannot pay their bills, they are granted the ability to issue out a lien against “a cause of action or claim of an individual who receives hospital services for injuries caused by an accident that is attributed to the negligence of another person.”
Essentially, the lien is attached to a personal injury claim from the person treated by the hospital for emergency medical care within a 72-hour period after the injury occurred. To put it into context, emergency medical services are defined as services used to treat an individual’s perceived need for “immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury.”
After that time period, the lien must be “perfected.” What this means is that a written notice is sent out by the lien holder (in some cases, the hospital) to the patient, the patient’s lawyer, and to the county clerk.
The lien must be paid before any payoff to the injured party takes place.
While all of this seems like a minimal risk to the victim of a personal injury, there have been instances where lien holders have placed liens on a residential property owned by the injured parties.
Typically, this happens when injured parties go to a hospital where they believe their health insurance is accepted. If care is rendered but the insurance does not fully cover the costs associated with the treatment, then a hospital lien may be placed on the home.
It may be likely that the injured party won’t find out until weeks to months later. When this occurs you may not be able to sell, refinance, or transfer your home title until you pay your debt. In situations where you suffered a serious injury or were receiving treatment for a life-threatening illness, these costs can be substantially high.
The state of Texas has a number of laws that restrict the use of liens to force individuals to pay off medical debt. While your debt must still be paid, the Texas homestead exemption rule prevents the forced sale of your home.
If you choose not to, the hospital may have four years from the date when services were rendered to sue you in an effort to collect what is owed.
With the chaos that comes after a personal injury, getting everything sorted out—both in private and in legal terms—can be an overwhelming task. But, thankfully, you do not have to do alone.
Reach out to the insurance claim attorneys that have years of experience. Reach out to Millin & Millin.
Contact us today at (956) 631-5600 to set up your free legal consultation.
