One thing the common citizen lives with, without noticing, is the constant construction going on around them. From the new house going up right down the street to the new retail malls popping up everywhere. Something is always being built.All of this construction involves a number of different parties including owners, contractors, builders, suppliers, vendors, and more, who are all involved in some manner in the undertaking of commercial and industrial projects.
The Millin & Millin Attorneys understand that even with the best intentions and efforts to work together, disputes can (and do) arise amongst the many groups involved.
Our experienced attorneys are here to help find a resolution to some of the common construction disputes that arise during a project including:
In 2014, this was the number one reason for contract disputes that arose during construction projects. This trend is still being seen today; it is still the biggest cause of disagreements.
The good news is that this can be easily avoided if a contract is thoroughly reviewed by a qualified attorney before everyone agrees on it.
This can save all parties plenty of trouble as the project moves forward.
This is has become a growing problem in recent years and is something that has to be monitored carefully. Whether intentionally or not, there can be instances where someone involved with construction fails to meet the terms they agreed to.
In these cases, the other groups who are part of the project will typically take some kind of action to rectify the situation. These kinds of disagreements will slow down and distract from other important matters, even after construction has been completed.
When someone places a construction bid, there are assumed working conditions that are part of that agreement. These factors are subject to unexpected changes and surprises, however.
One of the issues that can arise is the condition beneath the surface of a job site.
Regardless of the severity of unplanned differences, the plans that have been laid out will be affected and this leads to disputes.
This is a common occurrence in construction projects because there are so many variables and moving parts to account for, regardless of the size and scale of the job at hand.
If all groups working together laid out a detailed contract, there will usually be clarity regarding who is responsible for handling these excesses. Still, having to foot the bill, with or without a clear plan, has the potential to pit one party against another.
It might seem like common sense to pay somebody when they have finished the work they contractually agreed upon to perform. Sadly, this is not always the case, for a number of reasons.
In the event that they are not paid, a contractor or subcontractor does have legal actions they can take. Usually, place mechanic’s or materialman’s lien will be placed on completed project until there is some kind of resolution.
This is another tough situation that a contractor or subcontractor can find themselves concerning a construction project. When the quality of their work is called into question, it can create a good deal of confusion and discord.
If it is justified, it can still be a lengthy process to decided how to handle the results. There are also cases when these accusations are made to avoid paying someone for the work they have done.
This can lead to the situation as described in dispute number 5.
Construction projects are complex systems of work that require many people to work together toward a common goal. Even the best of teams, in any arena, united with a single vision experience their share of disagreement.
We believe in building a team of construction experts who will analyze and reinforce your claim until satisfactory results are reached. Our experience in construction litigation extends to:
Contact us today at (956) 631-5600 for a free consultation.
The Texas Supreme Court’s opinion was issued on a case between homeowner’s insurance company, USAA Texas Lloyds Co. and Gail Menchaca. The high court reversed the decisions of both the court of appeals and the trial court judgement.
In 2008, following the destruction caused by Hurricane Ike, Gail Menchaca made a homeowner’s property claim to USAA.
An adjuster was sent to investigate the claim, who found minimal covered damage, which did not exceed the policy’s deductible. Because of this USAA declined to pay out any benefits.
Nearly five months later, Ms. Menchaca requested a re-inspection of the damages. USAA sent a different adjustor that essentially confirmed the initial findings. Again, USAA refused to pay out on any benefits.
The insured party sued USAA for breach of contract and for unfair settlement practices that violated the Texas Insurance code. Ms. Menchaca sought insurance benefits under the policy, court costs, and attorney’s fees.
The case was tried to a jury in Conroe, Texas.
The jury first determined that USAA had not breached the contract and thus no policy benefits were owed. While the jury also validated that the carrier had not infringed on five provisions of the Texas Insurance Code, they found that the insurer was in violation of not reasonably investigating the claim.
Because the jury found that USAA had been engaged in unfair trade practices, they awarded Ms. Menchaca $11,350 for actual damages and $130,000 in attorney fees. Nothing was awarded for contract benefits as there was no breach of contract.
Both parties motioned for judgement in their favor. USAA argued that the Ms. Menchaca was not entitled to statutory damages as they had effectively complied with policy standards. The trial court denied this motion and ruled in favor of Menchaca.
The recent ruling by the Supreme Court of Texas reversed these decisions and remanded that a new trial take place using the five new rules they developed.
The Supreme Court outlined five new rules in order to help answer the question of “whether the insured can recover policy benefits based on jury findings that the insurer violated the Texas Insurance Code and that the violation resulted in the insured’s loss of benefits the insurer ‘should have paid’ under the policy, even though the jury also failed to find that the insurer failed to comply with its obligations under the policy.”
The five newly established statutes are as follows:
The manner in which the Menchaca decisions plays out in future cases is still to be seen, but rest assured that your bad faith insurance lawyers at Millin & Millin are diligently following the changes in law that may affect your own situation.
Our bad faith insurance lawyers are strong advocates 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.
Insurance companies have a number of tactics they use when they are attempting to act in bad faith. One of the most objectionable actions that an insurer can take is to cancel a policy after having received premium payments for years.The attorneys at Millin & Millin recognize such bad faith insurance tactics for what they are and fully believe that no policyholder should ever be subjected to such deceitful behavior.
While insurance companies do have certain rights when canceling a policy, they also have duties owed to the consumer and must follow the terms of the agreement in order to act in good faith. If your insurer has canceled your policy without providing you a written communication explaining their reasoning, then you should immediately contact a bad faith insurance law firm to ensure that you have the proper representation to get what is properly owed to you.
In order to effectively understand when an insurer is acting in bad faith, it is important to first recognize when they DO have the right to cancel a policy.
First and foremost, it is vital that you as the policyholder always read the contract you are signing, or obtain assistance from an experienced lawyer to help you understand the provisions of the policy. It is your responsibility as the consumer to be as informed as possible.
Depending on the provisions of the contract, most insurance companies are usually allowed to cancel a policy within the first 60 days. During this period, the insurer has more leeway when it comes to reneging on the policy.
Some of the legitimate reasons an insurance agency can cancel your policy include:
If your insurer is legitimately able to uncover faults and conditions that make you ineligible for coverage, then they must send you a written notice explaining their reasons for canceling.
This initial cancellation can be repealed and should be done so if you believe that their arguments are invalid.
Your insurer is not allowed to simply cancel your policy for no reason nor without explaining why.
The Texas Insurance Code sets the legal standard for how insurance companies must go about canceling a policy and sets the requirements for the written statement that must be provided to you, including:
Bad faith cancellation can occur through a number of methods including:
If your insurer has acted in such a manner under no reasonable proof, then you may be the victim of bad faith insurance policy cancellation.
Unfortunately, post-claim underwriting is often seen following an insurance claim. This is a transparent attempt to avoid paying out what is rightfully owed to the insured and will often lead to the victim carrying the financial burden of the loss.
Sadly, some insurance companies are going to attempt to act in bad faith in order to keep as much money as possible. If you have made an insurance claim after a disastrous event and your insurer is attempting to claim your policy was canceled, don’t just accept it, fight back with Millin & Millin.
Our bad faith insurance lawyers 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.
Having to file an insurance claim after a disastrous storm can be a difficult process, especially when insurance adjusters attempt to find reasons not to compensate you correctly. That’s why it’s essential that you do some preparation before a storm even hits to help you reduce potential storm damages.
By preparing your home early from weather damage, you give the insurance less reason to deny your claim, and you are able to utilize the home improvements as proof of you taking preventative measures should your insurer attempt to use bad faith insurance claims against you.
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 bad faith insurance legal team of Millin & Millin 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. Millin & Millin serves the greater McAllen metro area and the whole Rio Grande Valley.
After years of paying insurance premiums on time, you may find it shocking to have your personal injury claim denied by your insurer. Unfortunately, the insurance industry is a business like any other and the model is to make profits, even at the cost of the client.
At Millin & Millin we know that insurance companies deny claims and coverages in hopes that the denial will not be challenged. Going up against a large company can seem like a daunting task, but our experience team of bad faith insurance lawyers understand how this industry works, and the tactics they use to try and deny a claim on bad faith grounds.
Insurance companies will try to deny coverage for injured individuals based on a number of factors. One of these methods by which your insurer may try to deny you is through the results they obtain from an Independent Medical Examination (IME). But be aware—just because this examination is called independent doesn’t mean it is.
IMEs are typically requested by your insurance company, or employer, to help determine the extent of your injury. These examinations are meant to uncover falsified claims by individuals who are misrepresenting their injuries. This is of course an ideal scenario.
The reality is that insurance companies have the power to hire the doctor who will be giving the IME. A doctor who is being paid by the insurance company has a higher likelihood of providing reports and results that will provide the insurer with the results that are favorable to them. These are the sorts of doctors who are typically hired.
This is especially true in the context of long-term disability claims. However, in these sorts of claims, the examinations are no longer called independent, but rather known as Evaluative Medical Examinations.
The provisions related to the IME are governed by your policy. These provisions essentially dictate the insured’s obligation in fulfilling the requirements set by the IME. Typically, these arrangements include:
As a claimant, it is vital that you are aware of the specific provisions noted in your policy. The scope of your responsibility concerning having an IME may vary as per insurer.
A New York Times article examined the role of IME doctors and their relationship with the insurance companies that hire them. A review of case files and medical files, as well as interviews with participants, found that IME reports were routinely titled to benefit insurers by minimizing or dismissing injuries.
In one instance noted in the article, an independent examiner known as Dr. Samuels, examined a driver for a plumbing company who had fallen and injured his back, shoulder, and ribs. During the examination, the doctor could be heard calling out test results that seemed to validate the injury - his words even captured on videotape.
However, when it came time to write the IME report, Dr. Samuels had cleared the driver for work and essentially contradicted his initial findings by claiming that the patient had no injury.
Later during an interview, the doctor says, “If you did a truly pure report you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”
Before following through with an IME, there are some vital steps that you can take to ensure there is a legitimacy to the procedure:
Sadly, insurance companies may make it difficult for you to obtain the compensation you deserve. With shady doctors on their side, it can be a daunting experiencing to deal with.
At Millin & Millin, our job is to fight for you when your insurance claim has been illegitimately denied. Our experienced bad faith attorneys know just how to make insurance companies pay for their wrongful conduct. We can make them pay your claim, attorney’s fees, and other punitive damages.
Contact us today at (956) 631-5600 for a free case evaluation.
The attorneys at Millin & Millin understand that construction litigation can be a costly and time-consuming issue for you as a contractor, builder, or developer. Whether you are a General Contractor or a Subcontractor, liabilities laws that can still come into effect after years, can mean unexpected lawsuits for mistakes you aren’t even responsible for.
In the state of Texas, an action for damages against a person who constructs/repairs an improvement must be brought within 10 years of substantial completion. If the claimant presents a written claim for damages during the 10-year period, the period is extended for two years from the date of the claim. If injury occurs during the 10th year, the claimant may bring suit up to two years after the day the cause of action accrues. TEX. CIV. PRAC. & REM. CODE ANN. §16.009.
Lawsuits vary from deviations from the building code, to issues with architectural or engineering plans, and on to defective materials or products sold to you by others. Unfortunately, suits against your company can emerge from a number of sources, so you need to be proactive in your fight against construction defect lawsuits.
This also means that the cost of doing business has increased. Insurance costs have grown from anywhere between 15 to 50 percent, with many insurers canceling all their contractor customers.
As a contractor, you’ll want to take the necessary steps to avoid liability issues. Our team at Millin & Millin has the knowledge and experience to thoroughly represent you in your construction litigation needs, but our best advice can be to try and avoid construction litigation in its entirety.
Consider the following guidelines to protect yourself from disputes:
If you have done your job directly, there’s no reason you should be concerned about an unnecessary lawsuit against you. Do not let a construction-related dispute become a burden in your life.
Contact our McAllen offices today at (956) 631-5600 for a free case evaluation.
The attorneys at Millin & Millin understand that the process of filing for long-term disability insurance can be complicated. Insurers will expect a lot from claimants and will often deny a claim because of a small mistake in the filing process.
There are quite a few things that you should be aware of to ensure that you have a viable claim that won’t get rejected by your insurer.
Consider the following tips to help you through the process when filing a disability insurance claim:
Failing to answer each question truthfully and factually can lead to a denial of benefits. Insurers will purposely seek out omitted info or misinformation on your forms and call it fraud. Insurance companies can effectively claim that you misrepresented yourself by not fully disclosing medical or financial information.
Insurance claim forms can be complicated and difficult to get through. Questions may be misleading and you may feel uncertain as to what sort of information you should include. Contact our lawyers at Millin & Millin for a free consultation and to get information on what you should include in the forms.
You’ll want to keep detailed notes of every phone call and document every interaction with your insurance company. Mark down who you spoke with, the date, time, what the call was about, and anything you received from them or sent to them. You will want a paper trail in this scenario to prove your claim.
Insurance companies will usually attempt to contact and communicate with you over the phone. Unfortunately, verbal answers can easily be skewed and used against you in your claim. Instead, try your best to respond to all claim-related questions in writing. This will help to keep things clear and does not allow your insurer to purposely misinterpret your words.
Maintain your medical treatment and communicate regularly with your physician.
If you are filing a disability claim, it’s because you have been injured. Naturally, you should be receiving medical care for your needs, especially if they are debilitating. Failing to attend your regular treatment appointments can have a substantially negative effect on your claim. It is absolutely vital that you follow doctor’s orders and maintain complete medical records.
When meeting with your doctor, or any specialist that may be treating you, make sure to gather relevant information from them including:
If there is a gap in your treatment, document them and make sure to have a proper explanation. Be aware that any inconsistency in your treatment plan can be viewed in an unfavorable light. Ultimately, the more medical information and records that you can gather, the more you can support your claim.
There is nothing you say to your insurer (or their reps) that is considered “off the record.” You will want to carefully choose your words when communicating with the insurance company, as a misinterpreted phrase, or seemingly innocent remark can be utilized to delay or deny your claim. Do not offer unnecessary personal information to your insurer and make sure to give only factual, straightforward answers.
Failing to effectively respond to your insurers requests for more medical, vocational, or financial information can cause delays in the claims process. Because long-term disabilities claims often take a lengthy amount of time to resolve, meeting these requests quickly will help to shorten the process of an already long and winded process.
This also relates to deadlines. Most policies will have strict time frames for filing a claim. Failing to meet these deadlines usually results in a denial of benefits. It’s also important to be aware that insurance companies often utilize unreasonable time limits as a bad faith insurance tactic. Pay close attention to these deadlines and contact your team at Millin & Millin if you have reason to believe that your insurer is acting in bad faith.
Millin & Millin Are Your #1 Advocates
If after several attempts to negotiate a disability insurance claim effectively, your insurance company continues to act in a malicious manner, contact Millin & Millin immediately at (956) 631-5600. We service the entire McAllen-Edinburg-Mission metro area as well as the greater Rio Grande Valley metropolitan.
Insurance companies are in the business of denying claims, Millin & Millin doesn’t take no for an answer. Our experienced lawyers have the know-how to deal with any insurance company—big or small—and we will fight for your rights if they have acted in bad faith.
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.
