When you sign up for a home insurance policy, both you and your insurance provider are making a binding promise. While you promise to make your insurance payments as agreed, the insurance company promises to pay out for valid claims under your policy. If an insurance company fails to hold up its part of the bargain, it’s acting in bad faith.
If you think your claim has been wrongfully delayed or denied, suing your insurance company for bad faith may be your best option. Keep reading to learn more about what you can expect from a McAllen bad faith insurance lawyer.
Before you actually take the big step of suing your insurance company for bad faith, there are a few steps you’ll want to take first. First, it’s important to note that you can file an internal appeal with your insurance company to try to change the judgment on a claim. Insurance adjusters make mistakes just like the rest of us, and an appeal may be able to rectify any problems.
Next, if your appeal is ineffective, you’ll want to file a complaint against your insurance company with the state. If you feel you’re being treated unfairly by your insurance company, you can file a complaint with the Texas Department of Insurance (TDI) which will then contact the insurance company on your behalf. If the TDI finds that the company acted improperly, not only could you get the settlement you deserve, but the company could face penalties.
If your internal appeal was unsuccessful, it’s a good idea to go ahead and contact an experienced insurance lawyer like those on the team here at Millin & Millin. Your lawyer can help you determine both if your insurance company acted in bad faith and what to do in case it has. If the evidence suggests that your insurance company did act improperly, you may need to sue your insurance company to get the payment you deserve.
The lawsuit you file against your insurance company will either be for their failure to uphold their part of the contract you signed when you got your policy or for bad faith tactics.
Unfortunately, suing your insurance company for bad faith isn’t a very speedy process. Complex cases may take up to two or three years to complete, though most settlements are reached in about a year. If a settlement can’t be reached, or if your insurance company declines to negotiate a settlement, you may need to take your case to court to fight for whatever you’re owed.
Whether your claim was wrongfully denied, delayed, or underpaid, a bad faith insurance attorney can help you find the right path forward to get financial relief. If you feel your insurance company is acting in bad faith, you don’t have to face them on your own. Your bad faith insurance attorney can help you stand up to any fancy legal teams your insurance company may have.
Insurance companies have a lot more resources than the average person, and that makes any legal action against an insurance company a real challenge for the individual. Don’t wait to get help with your case. Reach out to the experienced, compassionate McAllen bad faith insurance lawyers here at Millin & Millin for help with your case.
Every day, millions of people receive the news that their bad faith insurance claims were denied for a variety of reasons. However, in many circumstances, those claims are rejected unfairly or incorrectly.
While they may sound like the same thing, denied insurance claims as a result of bad faith and breach of contract aren’t quite the same thing.
The bad faith insurance lawyers at Millin and Millin are here to clarify the difference as we help to fight for you regardless of the reason!
Insurance claims that are denied either in bad faith or through breach of contract generally depend on two key factors to be considered one or the other — reasoning and intent.
If an insurer attempts to or outright rejects a claim due to a dispute over the language in the contract, then you may have a breach of contract on your hands. However, if the insurance firm tries to deny the claim for malicious purposes outside of the contract’s language, you may have a potential bad faith situation.
General examples of a breach of contract include:
On the other hand, examples of bad faith include:
Whether your insurance claim was denied as a result of breach of contract or bad faith, you can rest assured that the bad faith insurance lawyers at Millin and Millin will fight for you. Call us to speak with an experienced and skilled attorney today!
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For as long as the insurance industry has existed, people have had their insurance claims denied. Unfortunately, in many cases, these claims were denied in an attempt to safeguard the insurance company’s profits rather than protect the claimant.
This is what insurance lawyers refer to as an insurance claim being denied “in bad faith.”
The bad faith insurance lawyers at Millin and Millin have helped many people who have had their claims denied unfairly. Let’s discuss how these professionals prove their case in a court of law.
When a lawyer is attempting to prove that an insurance claim was denied in bad faith, there is certain criteria that must be met and necessary evidence needed to back up any assertions of bad faith.
For it to hold up in a court of law, your bad faith insurance lawsuit must meet the following four conventions:
Now that you’ve established how bad faith is determined, you and your lawyer will then prove it. Useful evidence includes:
If your insurance claim has been denied and it seems completely unreasonable, there’s a chance you’ve become a victim of “bad faith.” The bad faith insurance lawyers at Millin and Millin have the knowledge to help you set things right!
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Imagine a scenario in which your insurance claim is denied in bad faith, and the only remaining option is to file a lawsuit. Bad faith insurance lawyers can certainly help you go down this path, but you may have specific questions involving compensation for damages.
Many individuals in this type of situation may ask themselves, “What kinds of damages could be recovered in a bad faith insurance lawsuit?”
At Millin and Millin, we have years of experience handling insurance-related lawsuits and know exactly how to approach demanding legal situations. We understand all the various types of damages that can be accounted for in lawsuits and how to best recoup your losses.
Let’s examine a general guide on what damages may be recovered through legal action.
Generally, courts will calculate what damages are “worth” based on the losses of the plaintiff, which can range from a variety of costs. Sometimes, these charges relate to non-tangible aspects, such as emotional distress as opposed to loss of physical assets.
These are some of the damages a plaintiff can recover from a bad faith insurance lawsuit:
Additionally, there may be cases where the courts will call for punitive damages to be paid, which serve to discipline the defendant rather than aid the plaintiff. Because there’s a tall requirement for a plaintiff to get back punitive damages, this usually occurs only when the insurance company is grossly out-of-line or behaving intentionally malicious.
Courts will also consider a company’s overall wealth when they make judgments against them. This particular action works as a further deterrent to make sure the insurance company behaves ethically in the future.
It can be overwhelming when you try to understand the complexities of lawsuits regarding bad faith, but that’s why the experienced bad faith insurance lawyers at Millin and Millin are here to help. We want you to feel prepared and know the types of damages you may recover if your insurance claim is denied in bad faith!
Your insurance claim has been denied and you’ve tried everything outside of legal action to get your problem resolved. At this point, you feel that the only recourse you have left is to file a lawsuit against your insurance company for acting in bad faith – so how do you go about accomplishing this?
Bad faith insurance lawyers, Millin and Millin, want to help you better understand the nuances of how to file a bad faith insurance lawsuit correctly. If you seek our help, you can rest assured that your claim will be legally disputed by a knowledgeable party.
Let’s discuss the details of filing a bad faith insurance lawsuit to see the best results.
First of all, it’s important to note that every state has its own set of laws enacted to protect consumers from predatory corporate behavior, such as acting in bad faith. Bad faith insurance lawyers, like those at Millin & Millin, will know the specifics of these sets of rules in order to best help you.
Additionally, your lawyer will help you make an informed decision as to whether you should file in state or federal court. This all depends on factors such as where the company is headquartered as well as your residential status in which you file.
The specific details will refer to issues such as:
Finally, it’s important to know that once you’ve hired a lawyer to handle your case, you should no longer contact the insurance company or have any direct dealings with them. It’s now your lawyer’s responsibility to act on your behalf and settle the issue in your favor.
If your insurance claim is denied and you believe it was in bad faith, you need to know how to best file a lawsuit. Bad faith insurance lawyers, Millin and Millin, are experienced when it comes to filing insurance lawsuits and can help you better understand your options.
Everyday, policyholders file claims with their insurance company — and many of these claims are eventually denied.
When your insurance company doesn’t properly compensate you for the unpredictabilities of life, bad faith insurance lawyers can step in to give you a helping hand. Experienced law firm, Millin and Millin, wants to take the time to help you understand when a claim denial is in bad faith and how they can help.
We hope this article serves as basic instructions on what to do when you are denied in bad faith. You can also reach out for a FREE evaluation if you have more questions!
Above all, you must prove that you’ve tried everything within reason to work with the insurance company before resorting to legal action. Let’s review what this entails in a step-by-step guide:
If you still have no luck, it might be time to talk to the professionals and file a bad faith insurance lawsuit.
We here at Millin and Millin hope that this guide will help you if you find yourself in a situation where your insurance claim has been denied in bad faith. When something goes wrong, it’s important to always be informed in regards to your particular circumstances. If you’ve followed the above process and still need help, the bad faith insurance lawyers will certainly review your case.
The fact of the matter is that individuals need insurance for a variety of circumstances. From protecting our families to protecting our property from the unpredictability of the world, insurance is essential.
But what happens when an insurance company doesn’t follow through with its end of an agreement? This is where bad faith insurance lawyers step in to aid you where the insurance companies do not.
One of the more common occurrences of bad faith is when an insurance company refuses to uphold its “duty to defend.” Let’s explore what this means and how it affects policyholders.
The “duty to defend” is a provision included in your insurance policy that outlines the job of the insurance company to defend you against particular types of legal action.
Of course, it’s important to always review your policy and understand what falls under your scope of coverage. However, if a lawsuit is brought against you that lands in this scope, the company is required to deal with the claim.
Here are some examples where this may be the case:
However, there are instances where your insurer is not required to provide legal counsel, which should be stated in your policy. For example, if you were inebriated when rear-ending someone, the insurance company may refuse to help because you intentionally put yourself under bad circumstances.
These different factors are all reasons why it’s important to fully understand the “duty to defend” provision of your policy. Seek out the help of Millin and Millin if you get a notice of “insurance claim denied” instead of legal aid. Millin and Millin’s highly knowledgeable bad faith insurance lawyers are ready to get you the legal help you need!
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At some point in life, you will likely have to enter into an agreement with an insurance company whether it be for healthcare, a home or office, or a car. The concept is fairly simple – you purchase a policy to cover any losses in exchange for a monthly premium. If you receive a note from your insurer stating “insurance claim denied” despite you complying with your contract, you may be the victim of bad faith insurance tactics.
The bad faith insurance lawyers at Millin and Millin focus on these cases of bad faith and can help you when you need it most!
Before you seek legal counsel, it is important to not only review your insurance policy but also understand what “bad faith” practices are. While there is no strict definition, “bad faith” is when an insurance company behaves unfairly or unreasonably to a policyholder.
Common instances where an insurer may be acting in bad faith include:
If you read the above scenarios and felt one or more seem familiar, then you may have been taken advantage of by your insurance provider. Don’t fret, as Millin and Millin is a firm with highly-qualified and knowledgeable bad faith insurance lawyers.
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.
