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.
Fitch Ratings, one of the three largest credit rating agencies in the United States, has speculated about the new presidential administration and what that means for the insurance industry.
While Fitch did not expect any policy initiatives to be directly focused on the non-health insurance industry, extensive changes to the financial industry would ease regulations for the larger U.S. insurance corporations.
Though Fitch did stipulate that a new presidency would not have an immediate impact on the insurance industry, as well as the fact that insurance agencies are generally regulated by in-state laws, the macroeconomic trends that could emerge from a change in economic policies could have a critical impact on profits, premium growth, and investment performance.
With financial deregulation a major standing point during his election campaign, and an economic strategy likely to be backed by the majority Republican Congress, changes to the current system will undoubtedly have multiple implications for insurers. The repeal of the Dodd-Frank Act, which was a massive financial reform legislation passed in 2010 as a response to the financial crisis and to develop oversight of the American banking system, could greatly reduce regulatory standards.
Three of the largest insurers - Prudent, AIG, and MetLife - were all designated as systemically important bank and non-bank financial institutions (SIFIs) in 2014 and faced higher standards.
Fitch analysts expect a Trump administration to begin reining-in these designations following changes in the Financial Stability Oversight Council (FSOC) leadership or through changes to the Dodd-Frank Act itself.
The Federal Insurance Office, which was developed under Dodd-Frank, may see its role diminished or modified under the new president, and this could also reduce the nation’s participation in international insurance regulatory activities.
Consumer protection would likely be affected by deregulation and tax code changes. Some life insurance products benefit from tax sheltering and offshore business; if corporate tax rates are lowered or tax rules simplified, the relative value of these products will likely change as well.
Alongside potential regulatory and tax shifts, insurers will also have to consider recently-approved Department of Labor rules that affect investment portfolios, and macroeconomic changes.
Fitch noted that future trends involving increases in interest rates and limited inflation could be positive for insurers, but sharp spikes in either of these could also be disruptive to profitability and growth across all insurance sectors.
While it will likely be some months before the new administration is able to implement changes and those changes begin to take effect, it’s still important for the general public to be aware that industry deregulations may leave a significant mark on their insurance policies and the manner in which their insurers work with them.
While new governmental administrations and presidents can always be a cause of concern, it’s important for consumers to know that still does not give insurers the right to act in bad faith.
Unfortunately, large insurance companies are business, and thus are ultimately concerned with increasing profits and lowering overhead. This also means that the general public can fall victim to their bad faith tactics and business techniques.
Don’t allow your insurance company to take advantage of you. The attorneys of Millin & Millin are here to help protect your rights and fight for your due justice. Contact us today at (956) 631-5600 for a free case evaluations.
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.
After purchasing a building in 1994, a Houston man known as Davis, found himself in a horrible bind after realizing that his roof had sustained damages from natural causes.
When Davis originally purchased the building, he knew that the roof was composed of asphalt and a rubber material, but he didn’t know the exact age of the roof nor did he find a need to replace it. Naturally, Davis purchased an insurance policy to ensure the coverage of any future damages.
Davis was running his business from the building, and living there as well, which further cemented his need for insurance on the property. National Lloyds Insurance Company (Lloyds) insured his property against wind, fire, and hail.
Unfortunately, Davis’ policy did not cover rain damages “unless the building or structure first sustains wind or hail damage to its roof or walls through which the rain [can enter]”. The policy also stated that it would “determine the value of the covered property in the event of loss or damage ... [at] actual cash value as of the time of loss or damage”.
Optional coverages were offered, including replacement cost value coverage that Davis declined. The policy had a $3,700 deductible for building damage and a $2,500 deductible for damages to the building’s contents.
Houston was struck by Hurricane Rita in 2005 and many individuals suffered property damage - including Davis. He immediately noticed roof leaks right after the storm and decided to file a claim, which was unfortunately denied.
Davis had no other choice, but to use out of pocket money to hire a contractor to repair the building to its original state. The work performed put a pause on the leakage, until 2008, when Houston underwent another natural catastrophe - Hurricane Ike.
The roof once again began to leak and the property underwent other damages to a shingled area and an AC unit. Again, a Lloyds adjuster inspected the damages, but only valued them at $1,825, ensuring no payment was to be made to Davis.
Luckily, a public adjuster made an additional inspection, and this time, asserted that the property had incurred damages directly caused by Hurricane Ike and that they were above Davis’s $3,700 deductible.
Davis ultimately filed a lawsuit and alleged a breach of contract, violation of the Texas insurance code, and breach of good faith and fair dealing. When both parties were at trial, plenty of disagreements arose in regards to what evidence showed was the cause of the roof leakage.
Lloyds’ experts concluded that the roof was old and had previously shown a leakage issue in 1997. Both parties also disagreed on the cost of repairs.
Experts who represented Davis asserted that $108,038.75 was owed in repair cost, while Lloyds’ experts argued that the price was inaccurate and did not differentiate between covered damages from non-covered damages.
Lamentably, the court concluded that Davis’ policy only covered cash value, which the jury determined was below the deductible. Although it was a fact that the condition of the roof was defective and needed to be replaced, Davis’ policy only covered damages done by hail and wind.
The trial court also concluded that the insurer could not be liable for bad faith since no payment was liable under the terms of the insurance contract.
Are you struggling to receive your fair share of compensation? Is your insurance company claiming your policy didn’t cover damages by arguing about unclear language? The tough team of attorneys at Millin & Millin have fought for the rights of a multitude of individuals. Call us today for a free case evaluation at (956) 631-5600.
Winter is here in the Rio Grande Valley, and while we might not get as cold as the rest of the state, there is still the occasional cold front that sweeps through the area. These cold spells can bring with them chilly temperatures, rain, and heavy winds.
An accidental fire or roof damage caused by winter weather can mean having to file an insurance claim. But unfortunately, insurance companies may try to deny, delay, or underpay your winter damage claim by placing fault on you.
If you’re having issues with your insurer over a winter damage claim, then contact the law offices of Millin & Millin, your bad faith insurance lawyers. We have the experience and know-how to get you the resolution your situation deserves.
Also, consider the following winter damage claims that are frequently denied and how you can avoid them.
While the McAllen metro area doesn’t necessarily experience the same bitter winters as northern Texas, the few cold snaps that move through the area sends residents towards their space heaters and other heating equipment. According to a study conducted by the National Fire Protection Association:
Insurance companies will try to avoid paying your fire claim by investigating if the fire was an act of arson. If the fire department is unable to identify the source or reason of the fire, any inconsistencies in your story and personal property listing can cause some major issues.
One strategy to inhibit a heating equipment fire is to keep any combustible items, such as clothing or furniture, at least 3 feet away from the heating source. Also, be sure to check equipment prior to use, as any loose connections or wiring can easily lead to a fire. Lastly, make sure to have smoke alarms working properly throughout your home for an adequate early warning system.
The winter weather of the Rio Grande Valley won’t bring any snow, but it can bring rain and roof damage. A collapsed roof or damage caused by rain should be covered in your home insurance policy, but contract language can make it difficult for policyholders to protect themselves, and insurers will use this tactic to avoid paying out on a roof damage claim.
Prior to any damage happening, you might just want to conduct an outdoor inspection, so that you can repel any arguments by your insurer that you hadn’t take the right steps to prevent or minimize damage. Check for missing, cracked, or creased shingles and also check your home’s flashing. If your home has rain gutters, then inspect them also, as rusted gutters with leaking seams can allow water into your house.
Should you still fall victim to roof damage caused by winter rains, then take the following steps to ensure an effective insurance claim is made:
If your insurance company avoids paying you out, and it doesn’t seem fair, it probably isn’t.
While freezing temperatures in the McAllen area are rare, they do occur nonetheless, and if you aren’t prepared, a busted pipe can lead to some major water damage. While water damage caused by a leaking pipe is typically covered by your insurance company, they may try to place the blame on you by declaring that you failed to properly winterize your pipes, thus avoiding their responsibility to you.
Because water expands when it freezes, this expansion puts tremendous pressure on water pipes, and can cause them to break. Outdoor hose bibs, swimming pool supply lines, water sprinkler lines, pipes that run along the exterior walls, and water supply pipes in unheated interior areas are subject to freezing.
One of the most basic tips you can follow when the weather is very cold outside is to let cold-water drip from the faucets served by exposed pipes. Even a trickle of running water will help prevent pipes from freezing. Also, on freezing nights, keep kitchen and bathroom cabinet doors open to allow warm air to circulate around the plumbing.
Remember that if your policy is unclear about water damage, you have the ability to fight a denied or underpaid claim.
If you’ve done everything in your power to protect your home this season, but you’re still having to deal with the bad faith tactics of your insurance company, do not hesitate to contact Millin & Millin, PLLC.
Our comprehensive knowledge means we have the ability to represent clients in difficult cases that involve bad faith insurance. Individuals and businesses can rely on our professionalism and skills to guide them through the most complex legal matters.
Don’t let your insurance company scare you with their tactics. Fight their denial today by calling (956) 631-5600.
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.
Although the fraudulent acts of an insurance company can be subject to penalty and are a direct violation of a state’s insurance code, insurers persist in taking part in these malpractices to retain financial stability.
The individuals who continue to be a target of these violations are its policy holders and have had to face unlawful circumstances, especially when they have found themselves filing a claim for a situation that requires financial attention.
But who exactly is educating insurers on unethical tactics and entertaining the wrongdoing of policyholders?
Were you a victim of bad faith insurance practices? Let the team at Millin and Millin represent your bad faith case and bring you the compensation that is owed to you.
Give us a call for a free case evaluation at 956 631 5600.
A published article by Bloomberg asserts that insurance companies are hiring consultants who develop strategical concepts that aid in their profit goals.
Allstate for example is one of many insurance companies benefiting from corporations such as Mckinsey and Company for effective management strategies.
In fact, after hiring Mckinsey and Company in 1992, Allstate learned concepts that improved the efficiency and profitability of the company.
Through court documentation, it was shown that Mckinsey would advise insurance companies to make low offers in the event of a consumer claim.
It was also noted that Mckinsey encouraged insurance companies to delay a settlement so that they had in their possession, more income for investments.
Although felonious and very anti-consumer, the services offered by McKinsey were unbelievably effective and did not go in vain.
After directly assisting Allstate in their mission for profit making, Allstate began to implement these practices and creating the desired change.
These transformations were directly seen in Allstate’s loss ratio; the ratio of claims paid.
In the 1990’s, the ratio was dropped from seventy-nine percent to fifty-eight percent in 2006.
This massive drop was undoubtedly per the recommendations offered by Mckinsey, and the direct reason for its profit increase and stock value.
Bloomberg also asserted that Mckinsey’s advice generated drastic profit increases and Allstate was not the only company gaining financial benefit.
Farmers Insurance for example also engaged in these malpractices and gained an increase of 4.8 billion dollars.
The source detailed that Mckinsey suggested insurers to train their representatives to make very low claim offers in return for merchandise and financial bonuses.
Insurance representatives were counseled to lie to policyholders and have them believe that they were fully covered, but offered only thirty to sixty percent, when claimants filed for a damaged property.
With so much corruption between insurers and organizations who can care less about the people who are negatively being affected, it’s hard not to wonder if consulting firms are also responsible for the close relationships between insurers and insurance commissioners.
Throughout the years, numerous cases involving unethical insurance practices have proven that the insurance industry has become a profit leader by purposely harming its policyholders.
Lamentably, the insurance companies involved in these illegal acts are the same ones that spend billions of dollars persuading consumers to purchase their policies while guaranteeing the best coverage and compensation during an unfortunate event. The unfortunate truth is that not all insurance companies intend to provide their policyholders with the help that the individuals sign up for.
Although insurance bad faith acts are illegal and insurance companies face the risk of being penalized, it still occurs with the sole purpose of increasing revenue.
Have you been victimized by the unethical acts of an insurance company? Are you struggling to receive a fair compensation? The tough team of attorneys at Millin & Millin have helped and fought for the rights of a multitude of individuals. Call us today for a free case evaluation at (956) 631-5600.
Denying a claim is probably the most common malpractice utilized by an insurance company to continue increasing profit. In fact, there have been numerous cases in which individuals have been involved in severe accidents caused by other drivers, and which has left them in a coma, with collapsed lungs, and multiple injuries.
However, insurance companies identify these claims as acts of road rage, which therefore do not fall in the category of an accident.
But there is more than just denying your claim for unethical reasons; the most appalling insurance malpractice is delaying a claim until the death of an insured.
This act mostly happens to long-term policyholders such as senior citizens, with a history of medical conditions. Insurance companies know the health conditions of their policyholders and often take advantage of age and unhealthy condition.
As per the words of a regulator, “The bottom line is, insurance companies make money when they don’t pay claims, and will do anything to avoid paying because if they wait long enough, policyholders will die.”
Policyholders who have been victims of any kind of unfortunate situation, whether a traffic accident or a catastrophic event, often feel a sense of ease when they realize that their insurance provider will make up for any loss.
Unfortunately, policyholders face deeper challenges that often lead to major economical burdens. One of these burdens is being lied to about the type of damages that are covered by their policy.
In 2005, a policyholder in Mississippi suffered over $130,000 worth of damages when Hurricane Katrina struck his home.
The damages included flooding of the lower level of his home. Although the individual was supposedly covered by hurricane insurance, his insurance company pointed to the anti-concurrent clause of his policy, which concluded that his losses would not be covered.
The man testified that his insurance agent had told him that he did not need flood insurance and explained that the insurance company responded to his claim by saying he should’ve read his policy papers – papers that he had only received after he purchased the insurance.
Even more so, insurance companies do not always use plain English language in their forms and policies. Policyholders are often confused with the terminology used in their policies, which is another fraudulent tactic that keeps these disreputable companies increasing profit.
Auto insurance companies for example, also increase their profit by utilizing credit scores to develop their policies different for each individual. If you are the kind of person who finds it convenient to pay your purchases in cash, you may face a premium increase of over 100% for having no credit on file.
Furthermore, policyholders can have an impeccable driving record, no claims on file, and be eligible for many driver discounts, but will not qualify for a lower rate if they have no credit score.
The way insurance companies justify the credit scoring is by assuming that if you are careless about credit then you must be a careless driver or irresponsible property owner. This mostly affects less fortunate individuals who have no credit on file.
The element that makes this type of situation even more alarming is that insurance companies also investigate a policyholder’s lifestyle. One’s hobbies and grocery lists can be used to determine a policyholder’s premium, and work in favor of the company, thus helping them to stack up on profit.
