Unfortunately, accidents happen and things don’t always go as planned. An insurance claim that's denied only adds to the frustration of an already difficult situation. People end up in predicaments like this all the time, but why and how?
While some claims are denied in bad faith, there are many reasons why a health insurance claim may be denied with just cause. The bad faith insurance lawyers at Millin & Millin are here to present these key factors so that you’re prepared no matter what.
Though the specific details of each case differ, there are a few reasons frequently cited which can cause someone’s health insurance claim to wind up denied. Let’s explore some of these in greater detail:
Of course, you’re always able to appeal, and the company must cover your medical expenses if you succeed. If bad faith is involved, you may need the help of legal counsel.
Take it from the professional bad faith insurance lawyers at Millin and Millin, it’s vital to know what you’re covered for and why insurance claims are denied. If you’ve been denied in bad faith, reach out to our office to take the first steps to set things right!
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There’s no denying that insurance coverage and insurance claims can be frustratingly complex and confusing. Unfortunately, this is especially true of cases in which a person needs to sue their own insurer.
Even seemingly simple questions, like where to file your suit, can lead to complicated and unclear answers.
Still, if you had an insurance claim denied for a loss that should have been covered by your policy, then you may need to sue in order to get the compensation you are owed. Today, your compassionate McAllen bad faith insurance attorneys at Millin & Millin will help you determine if, how, and where you need to file a suit against your insurance agency.
Federal vs. State Court
Deciding where to file your bad faith insurance lawsuit can be quite complicated. First of all, you will need to choose whether to file in state or federal court. While there are many differences between filing in these venues, one key difference is the relative restriction on discovery in federal court. In a state court, an insurance company may be forced to reveal more about their claim file relative to a federal court.
It’s worth noting that state and federal procedures often contradict each other, meaning that picking between the two will likely depend on the specifics of your case and the evidence available.
Determining Jurisdiction
You must file your suit in a court that has jurisdiction over your insurance company. Given the massive physical network that comprises most major insurers, finding out which court has jurisdiction may not be simple. In order to show that the court you plan to file in has jurisdiction over your insurer, you will need to prove either general personal jurisdiction or specific personal jurisdiction.
‘Personal jurisdiction’ alone just means the power to cause a person to appear in court and the power to pass judgement on that individual. This differs from ‘subject matter jurisdiction’ which is based on a court’s ability to assess certain types of cases, but not their ability to pass judgement on the parties involved in those cases.
If a court has general personal jurisdiction over a party, that means that the party has a “home” within the court’s area. For human individuals, this literally means their home. However, for businesses, that “home” is located at the business’ principal place of business in the state where it was incorporated. This is usually the same as the business’ headquarters.
Next, if a court has specific personal jurisdiction over an individual, that means that the individual committed the offense of which they are accused within the court’s area. This means that if a person who lives in Georgia assaults you in Texas, you can sue in either Georgia or Texas.
In regards to insurance companies, you may be able to file a bad faith insurance suit in the state where the “breach” actually happened, a.k.a. the state where the insured person or property is. Regardless, you will have to prove that the offense occurred within the state, a process which can actually differ from state to state.
Filing a McAllen Bad Faith Insurance Claim With the Help of Millin & Millin
With that being said, finding out where to file a bad faith insurance lawsuit isn’t a straightforward process. Determining which court will be most advantageous to your case requires knowledge of all of the possible venues and the relative strengths of each.
An experienced McAllen bad faith insurance attorney at Millin & Millin can help you fight for your rights to coverage and compensation.
If you feel your insurance company has wrongfully denied your claim, reach out to the McAllen bad faith insurance lawyers at Millin & Millin today for help determining the best path forward.
The pandemic has affected all of us in a wide variety of ways, few of them good. Along with the wave of harmful events that affected businesses and individuals alike came a wave of insurance claims related to that harm. Unfortunately, proving your right to compensation can be difficult, and insurance companies will often do what they can to minimize or outright deny you what you’re owed.
Because of this, it’s important for all Texans to know their rights and what they can do if those rights are challenged. Today, your committed McAllen bad faith insurance attorneys at Millin & Millin will explain how knowing your rights is the first step in protecting yourself.
The legal rights that each of us has in the U.S. are complex and varied, but one major component is our ability to seek damages for harm inflicted upon us. This includes instances such as suing for car accident damages or damages caused by a crime, while also including harm caused by negligence rather than direct action. Negligent harm occurs when an entity fails to fulfill its obligation to keep you reasonably safe.
There are many entities that owe you a guarantee of safety. Each time you enter a grocery store or walk through a parking garage, the owners of those properties are responsible for taking action to protect you from foreseeable harm. This includes using cameras, keeping floors clean, and providing adequate lighting.
You can also be a victim of harm when an entity sells you a faulty product or drug. In these cases, the seller has a responsibility to provide you a reasonably safe product. If they fail to do so, then you have the right to seek damages for any harm that you suffer as a result of using their defective product.
While the aforementioned rights laid out primarily deal with physical injuries, you also have rights related to your property. Some of these rights are directly related to the examples above. For instance, property damage might be included in car accident compensation along with compensation for medical expenses.
In most cases, the compensation awarded to victims comes from an insurance claim, but those claims are usually made with the insurance company of the at-fault party. For example, if someone else causes your car accident, their insurance policy is meant to cover the damages. Similarly, if you are injured in a place of business, the insurance policy of the business owner should cover your costs.
However, there are other insurance claims that you will need to make under your own policies. These claims include claims for business interruption, property damage, and other types of business-related harm covered under your specific policy.
You have the right to make a claim against any type of damage covered in your insurance policy. Unfortunately, your insurance company may attempt to stall, mislead, or flat-out lie to you in order to avoid paying what they owe. In that case, you have the right to seek the assistance of a bad faith insurance lawyer to help you hold your insurance company accountable.
In many of the cases laid out above, getting the compensation you need comes down to whether or not the insurance company involved is going to act fairly. Because of this, it’s important that consumers and business owners have access to the legal representation of bad faith insurance attorneys.
Whether your house burned down or your business closed, you’re probably going to be making an insurance claim. If you feel that your insurance company is treating you unfairly or refusing to pay what you are owed, reach out to the McAllen bad faith insurance attorneys of Millin & Millin for help fighting back.
While most business owners are probably familiar with the more common types of insurance claims, they may be at a loss when it comes to seeking coverage for more rare types of damage. After a year like 2020, business owners are probably dealing with some pretty rare kinds of losses.
Thankfully, those losses may be covered by a civil authority clause.
While a civil authority clause may offer coverage for losses caused by coronavirus restrictions, making a successful claim under this provision can be difficult, partially due to coronavirus claims being a new type of claim without clear precedents. Because of this, insurance companies may attempt to deny these claims using bad faith tactics.
Today, your McAllen bad faith insurance lawyers at Millin & Millin will go in depth regarding what you should know about civil authority coverage.
A civil authority clause is a provision of some business interruption insurance policies meant to protect the policyholder from the financial damage caused by a closure that was a result of orders made by a government official or other civil authority.
Essentially, if your business is closed after the government has prohibited access due to a natural disaster, you may be able to file an insurance claim under a civil authority clause.
It’s worth remembering that, under these forms of clauses, coverage is offered based on damage done to property other than the insured property itself. This means that if your store was damaged by a hurricane, you probably wouldn’t file a civil authority claim. However, if the hurricane caused damage to the road that once gave access to your business and authorities declared access to the affected area prohibited, then you may be able to make a civil authority claim.
A local or state government or other civil authority may order evictions or prohibit access to regions for many different reasons. A civil authority clause may include these, as well as a few other types of damages:
Keep in mind that not every civil authority clause will cover all of these types of closures. Insurance companies will use the specific language in your policy in an effort to argue against your claim.
If your civil authority closure business interruption claim has been denied, you may want to speak to a bad faith insurance attorney to determine whether or not your claim was wrongfully rejected.
Due to the relative unfamiliarity of coronavirus-related business interruption claims, certain insurers have used bad faith tactics to deny rightful coverage. Nevertheless, there are also ways that these claims can be denied that don’t necessarily constitute bad faith:
This list of possible denial justifications is non-exhaustive, and just because your insurer is using one of these arguments doesn’t mean that they are in the right to do so. If you have any reason to believe that your business interruption claim was wrongfully denied, reach out to the bad faith insurance attorneys of Millin & Millin for an argument that stands strong in your favor.
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COVID-19 has had a devastating impact not only on the American people, but also on the economy. Many businesses are closed in order to do their part to slow the spread. Because of this, business interruption relief is in high demand.
Unfortunately, many businesses are seeing their claims denied, even if their policy doesn’t exclude viruses.
In order to get the relief they need, many business owners have begun suing their insurance providers. Whether you’ve had your claim denied or simply want to ensure the strength of your claim in the first place, you may wish to seek the advice of a McAllen business interruption denial lawyer.
The pandemic has brought with it more than just illness. There are twin pandemics that have accompanied it.
For instance, many individuals and business owners are facing financial crises due to widespread anxiety, restrictions, and stay-at-home orders. To be clear, social distancing and staying home are essential parts of an effort to combat the virus. However, while these efforts are necessary, they also deeply impact businesses and the economy in general.
These hardships seem to be unavoidable in a pandemic, but that makes insurance policies and government aid all the more important. Despite this, many businesses have had their business interruption claims denied by insurers who claim their services were never meant to address these sorts of losses. An increasing number of business owners have filed suits against their insurers in order to seek relief.
If your business interruption was denied, you may need to take your insurance company to court to seek any compensation you may be owed. Meanwhile, many state governments and the national government are considering legislative solutions to this coverage issue. All of this can make the process of filing a business interruption claim in the first place even more confusing, unfortunately.
In truth, deaths and cases of COVID-19 have risen and fallen countless times over the course of the pandemic, but those small changes can be averaged into distinct “waves.” According to data reported by The New York Times, the U.S. experienced an initial peak in cases in late April and another, much higher wave in mid-July.
Currently, the country appears to be approaching another peak. In fact, cases on October 23 were at an all-time high. It’s likely that the pandemic, and the precautions needed to combat, aren’t going anywhere for some time.
And it’s possible that tighter restrictions may be called for either nationally or locally in order to get the virus under control.
The key to getting the business interruption compensation you need during this time is understanding your insurance policy. In order to determine if your policy covers losses such as those caused by COVID-19, you will need to identify any exclusions that may apply.
If you’re unsure if there is a virus exclusion in your policy, we recommend seeking legal assistance from a business interruption denial lawyer.
Even if your policy doesn’t have a virus exclusion, your claim may still be denied. Insurance companies know that many, if not most, of their policyholders, will be filing claims. However, insurance companies are also in the business of making money. Because of this, they will take any possible opportunity to deny your claim.
COVID-19 is hurting us all right now, but we can make it through this pandemic by supporting each other. One of the best ways to slow the spread is by simply going out less. However, this drop in foot-traffic has made staying afloat difficult for businesses across the country.
One life-preserver many business owners are reaching for is business interruption insurance. If you’re considering this option, the McAllen business interruption denial lawyers of Millin and Millin can help you analyze your policy in order to improve the strength of your claim. If you filed a business interruption claim only to receive a denial, we can help you challenge your insurance company in order to seek any relief you are owed.
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.
For two decades, Millin & Millin, PLLC has represented hundreds of policyholders in their fight against insurance companies who wrongfully denied or underpaid their commercial property insurance claims. During this time, our firm has litigated claims for business interruption and property damage for hotels, retail centers, churches, office buildings, warehouses, and public schools all over the country.
Due to the government’s decision to issue shelter-in-place orders because of the COVID-19 virus, we know that many business owners are suffering tremendous losses in revenue. While many have coverage for business interruption and orders issued by a civil authority, we expect the industry to attempt to avoid paying trillions of dollars in legitimate claims. Insurance agents and adjusters will tell you that your building must sustain “direct physical loss or damage” before coverage is triggered, but we know this is not always the case.
Simply put, insurers will save themselves money by issuing a broad range of wrongful denials, and they will eventually settle the relatively small proportion of lawsuits filed by policyholders who are willing to fight for what is rightfully their money. Millin & Millin, PLLC is uniquely qualified to represent consumers like you in this battle. Call or email us today so that we can conduct a free review of your policy and provide you with advice you need to make the appropriate decision for your business during this tumultuous time.
As we start spring, construction projects are likely to increase now that the winter months have come to an end. Unfortunately, spring is also the season of storms, so it is extremely important to have the right builder’s insurance set in place in preparation for a bad situation.
The purpose of construction insurance is to protect construction projects while they are taking place. So in the case of an incident that leads to damage, construction companies and project owners are protected against any potential financial losses.
The reliable bad faith insurance attorneys of Millin & Millin want to provide you in-depth information on what construction companies should know about Texas Builder’s Risk Insurance this spring season.
Each year, storms, fires, and other disasters rock Texas, causing billions of dollars worth of damage to buildings and houses, including those that are still under construction. In a region that is susceptible to unforgivable spring weather, there is no question that builder’s risk insurance is essential as the likelihood of being impacted by a spring storm is greater than in other areas.
If this type of damage isn’t covered by your traditional builder’s insurance, it could drastically postpone a project, or result in them failing, if the financial loss is large enough.
Builder’s risk insurance can offer protection for delays, market loss, faulty workmanship, and other indirect incidents that result in losses. While not all builder’s risk policies are identical, the vast majority cover all-risk basis. Basically, it’ll take care of all causes of loss except for those not mentioned in the policy.
Generally, builder’s risk insurance policies cover:
Coverage may be consolidated for the builder’s risk for extra costs that occur because of a construction delay. These construction costs include, but are not limited to:
It is worth noting that builder’s risk policies typically cover new construction expenses, meaning your insurance might just cover the recently renovated or fixed parts of the building if you’re working on an existing structure. The policy might only address the new construction costs’ value and dismiss any damages to the current structure.
While insurance companies hold the right to deny certain coverage outside of your policy, some will reject perfectly worthy claims. Bad faith insurance acts are used to convince you that your insurer’s rejection is within their rights. A common tactic used is to say that your filed claim isn’t part of your policy - even when it is.
Exclusions are losses that aren’t mentioned in your policy. Your insurance provider may declare that your damages are excluded from the policy to get out of covering them. They may intentionally misinterpret your claim so they can completely decline it.
In some cases, your insurance may state that the damages already existed, that you didn’t notice the damage as pre-existing, or they might even accuse you of insurance fraud.
Even if your claim may have been denied, you don’t have to give up on seeking coverage. If you think your insurance provider acted deceitfully, then you may be eligible to file a bad faith claim. An insurance company acts in bad faith when they fail to demonstrate their expected responsibility as an insurer. You may be able to file a claim against your insurance company and receive compensation for any losses you experienced because of the denial.
Insurance law is very complicated, so it is imperative to seek the right representation and resources to challenge an insurance company. Most insurers already have legal teams ready, so it’s especially crucial to prepare yourself for what’s to come.
Depending on any and all losses you faced because of your insurer’s acts, you may receive compensation for:
Completing a construction project is already a challenge on its own. When your insurance company doesn’t support you, it can cause you to feel overwhelmed. If you believe your claim was denied without a valid or legal reason, then do not wait to contact the insurance attorneys at Millin & Millin.
Our legal team is well-versed in bad faith insurance claims and construction accident litigation. Let us assist you through this process so you can finally get the compensation you deserve.
At the beginning of the new year, many people often make resolutions to better themselves. From eating healthier to exercising more, saving money to completing a project, we all make goals for the year.
In 2020, resolve to better protect yourself and your loved ones by performing an annual insurance review. This simple act can save you from a ton of problems should you have to file an insurance claim down the road. By knowing exactly what coverage you have and - perhaps more importantly - what you are missing, you’ll be able to make the right decisions about your insurance needs.
Your insurance claim lawyers at Millin & Millin highly recommend you review your policy at the start of every year with your insurance agent. Here’s why.
If you have coverage for any of your property - including a home or other valuables - you may find that you are actually underinsured because of how property value increases. For instance, if the property value of your home is greater than the cost of when you first bought it, then you may not have enough coverage to rebuild in the event of a catastrophe.
For example, if you paid $150K for your home but over the years its value has increased to $250K, then a lack of coverage could leave you footing the bill on any damages suffered.
When reviewing your insurance policy, you may find the means by which to save yourself a bit on insurance costs, including taking advantage of discounts you weren’t aware of, adding extra coverage at no extra costs, or even taking coverage off of property you no longer have, such as a vehicle you recently sold.
Depending on your insurance provider, you may even be able to lower your premium if you have improved your credit score over the past year, decided to pay an annual premium versus monthly installments, or simply been with the company for a significant amount of time.
Businesses in the United States are expected to have certain policies in place in order to protect employees and clients. Failure to update your coverage can lead to substantial penalties, or even bigger issues, like being sued by another party.
It is much better to be proactive when it comes to your business and seek out adequate coverage so you can protect your business and yourself from financial hardship.
When performing an annual insurance review, there are several questions you will want to ask your insurance agent in order to ensure that you have the protection you need to keep yourself, your family, and your valuables safe.
Start the decade off on the right foot by reviewing your insurance policies. If it’s been some time since you last examined them, you’ll have the opportunity to make adjustments before disaster strikes. This can prove to be absolutely pivotal when making an insurance claim.
Unfortunately, even with the right coverage in place, insurance companies may still act in bad faith. If you are dealing with an insurer who does not want to pay out the coverage that is rightfully owed to you, then do not hesitate to contact the dependable and trustworthy insurance claim lawyers at Millin & Millin. We have the skill, knowledge, and compassion necessary to get you the results you need.
