While insurance policies may vary widely in the kinds of losses they cover, the sorts of claims a person might make come in a few common forms. Whether you’ve been involved in a car accident or suffered a house fire, you may be able to file an insurance claim for the compensation you need.
Unfortunately, your insurance company may try to avoid paying what you are owed.
If you’ve been injured or suffered damage against insured property, our McAllen bad faith insurance lawyers at Millin & Millin can help you explore your options. If you’ve filed a claim only to have that insurance claim wrongfully denied, we can work to hold your insurance carrier accountable.
Today, we’ll list five of the most common types of insurance claims you should know about.
A first-party insurance claim is a general term meant to describe claims for many different types of damages. First-party claims are made by individuals under an insurance policy that they purchased directly from an insurance provider.
Essentially, these are claims that you make with your own insurance provider.
First-party claims can cover either personal injuries, illness, or damages of insured property. Successful claims can result in payouts or reimbursement. Insurance companies have to legally judge claims reasonably and in good faith against the coverage laid out in your insurance policy. If they fail to comply, you may need to file additional claims or a personal injury suit with the help of an insurance attorney.
Bad faith insurance claims can be made if there is a dispute regarding the coverage provided by the policy, if the policyholder feels they weren’t paid what they were owed, or if the insurance company failed to make payments in a timely manner. These claims may also be made if the policyholder feels they were misled by their insurance provider at the time of the sale of the policy, whether regarding the amount of coverage available or the cost of coverage.
If your initial insurance claim was denied, especially if you feel the reasons for said denial were insufficiently explained, you may need to make a bad faith insurance claim with the help of a McAllen insurance attorney to get the coverage you rightfully deserve.
Given the high cost of homes and home repairs, it should be no surprise that some of the most common sorts of insurance claims are those made against homeowners insurance. Homeowners purchase insurance policies with the intent of protecting themselves from the financial losses caused by damage to their homes.
Damages that may be covered include:
○ Wildfire
○ Hurricanes
○ Tornadoes
○ Wind
○ Robbery
○ Mold damage
○ Vandalism
○ Land contamination
○ Appliance failure damages
While many homeowners claims are first-party claims, you may need to file a claim with someone else’s homeowners insurance if you are injured while visiting their home.
In Texas, drivers are required to pay for the damages resulting from any accidents that they cause. For most drivers, this means carrying proof of insurance, specifically, liability insurance. Liability insurance pays for damages that you cause against another driver’s vehicle. This coverage also includes payment for any injuries or wrongful deaths caused by your actions or carelessness while driving.
For damage to your own vehicle and personal injuries caused by your actions, you will most likely need to make a claim under your collision coverage and personal injury protection, or PIP coverage. These types of coverage are not required under Texas law and may not be included in your basic policy.
Granted, car insurance will also come into play if you’re involved in a car accident caused by someone else. In that case, you will typically need to file a claim with the at-fault party’s insurance provider.
The final major type of insurance claim is a health insurance claim. Health insurers function by charging policyholders a monthly fee in exchange for guaranteeing certain coverage in case of a medical issue.
These claims are usually filed by your healthcare provider, but you may need to make a claim yourself if your insurance provider is attempting to deny your coverage. Claims for treatment may be rejected for many reasons, from out-of-network treatment to treatment for injuries that a carrier argues were caused by dangerous behavior on the part of the injured person.
Insurance companies, like all private companies, are in the business of making money. Because of this, they may attempt to pay you less than what you are owed or deny your claims altogether.
If you’ve been injured or suffered damages covered by your insurance policy, contact the insurance attorneys at Millin & Millin, PLLC, to protect your rights to compensation.
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Life insurance is a valuable resource for anyone, as it pays out a lump sum to family and/or other dependents in the event you pass away during the term of the policy. A life insurance policy affords the peace of mind that loved ones will be financially protected in the event of your death, and that the money provided will be able to pay for expenses such as a mortgage, outstanding debts, living costs, and other expenditures.
Being aware of your life insurance policy and its coverage is important, especially right now with a global pandemic leading to much loss of life. The insurance lawyers of Millin & Millin want to provide you with some critical information that can help you to better understand life insurance at this point in time.
While COVID-19 has presented challenges across industries, the life insurance sector has largely been unaffected. Life insurers are not pulling out of the market, and as premiums remain steady, industry watchers are seeing COVID-related claims already being paid out, less than one year from the outset of the pandemic.
In most instances, traditional life insurance policies, including whole and term life, cover COVID-19 related deaths. There are, however, exceptions where a policyholder may have their claim denied by their insurance provider.
Reasons claims are denied frequently include:
An inaccurate or incomplete application may result in claim denial for reasons including not disclosing travel plans, not providing truthful information regarding income or even failing to accurately provide information about your health, such as your weight.
In the event that a policyholder loses their life within the first two years of coverage, an insurer will closely examine the claim and thoroughly review the initial application. It is important to be truthful and transparent throughout the application process, and policyholders are encouraged to ask questions should they not understand aspects of the application.
Should a policy lapse as a result of non-payment, it's likely a beneficiary will not receive a payout if the policy isn’t reinstated prior to the policyholder’s death. While most companies extend a 30 or 31-day grace period for late premium payments, you will remain covered as long as your insurance provider is paid within the allotted time.
In the midst of the pandemic, insurers may extend this grace period, with some state regulators already making these extensions a requirement. Insurance companies are willing to work with policyholders, and if you’re experiencing financial difficulties in making payments, it’s important to reach out to your insurer to discuss your options to avoid a lapse in coverage.
In the event of an accident, accidental death and dismemberment insurance (AD&D) is another form of coverage that can provide a payout. However, if a person dies as a result of illness or disease, an AD&D policy will not be paid out. AD&D coverage is sometimes added to a standard life insurance policy as a rider, and in those instances, the primary policy will payout in the event of a COVID-19 related death.
It’s important to understand your insurance coverage and your rights.
In the unfortunate event that you should lose a loved one and have a viable insurance claim denied, the insurance lawyer of Millin & Millin can help to right the wrongs done against you. We have years of experience handling bad faith insurers and can make sure you get what is owed to you.
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.
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.
When you have suffered a personal injury accident, it’s logical that the first step you will want to take is to call your insurance company. Naturally, you’ll want to start the process of having your insurer take care of you - and that makes total sense.
The problem is, your insurance company may start to act in bad faith, failing to provide you the benefits you are owed or pressuring you to agree to a settlement for less than you deserve.
Suffering an accident is hard enough, but having to deal with an insurance company on top of that can be completely overwhelming. Thankfully, you don’t have to go at it alone.
An insurance attorney can make sure your insurance provider isn’t trying to take advantage of you and can negotiate on your behalf. If you’re feeling overwhelmed after a personal injury accident, contact Millin & Millin today.
Even when insurance companies don’t outwardly act in bad faith, they still may try to have you agree to a settlement for less than you deserve. Insurance companies stay in business by keeping payouts low, so they may challenge your description of the incident or ask you to jump through hoops in order to frustrate you into taking whatever settlement they offer. At times, insurance companies and their adjusters may make unreasonable demands on information to provide them in an attempt to stretch out the duration of your claim, causing you to pass the statute of limitations to complete your claim.
A trustworthy insurance claim lawyer, on the other hand, will always keep your needs first. An attorney familiar with the process of making insurance claims can make sure that everything in your case goes smoothly, providing you the legal guidance you need to avoid any pitfalls.
Insurance companies like to rush claimants into settling quickly in order to keep settlements low. If you sign legally binding documents right away, only to later discover that you were more seriously injured than you thought, you will likely be unable to recover any additional money for medical bills and other costs associated with treatment.
It can also be hard to tell exactly what you’re agreeing to. Insurance companies may try to convince you to sign a full release when you think you’re signing a property damage release. Insurance companies may pressure you into signing medical release forms.
In general, it’s best to check with an attorney before you sign anything from an insurance company.
Speaking of full releases, property damage releases, settlements, negligence, liability, fault — insurance talk can be downright confusing. If you attempt to negotiate with an insurance company on your own, they will use your lack of experience against you.
At times, insurance adjusters will take advantage of the situation and utilize their experience to make the process as intimidating as possible. But a dependable attorney will fight and make sure the insurance company gives you the compensation you deserve.
In most cases, insurance companies record conversations with their clients. Even if you feel you’re having a friendly conversation and feel safe confiding in the adjuster, it’s important to remember that your adjuster works for a billion-dollar company trying to be as profitable as possible.
Just telling the truth can reveal facts that your insurance company has no right to know and no right to ask for. Your best bet is to wait until you have legal guidance on how best to approach the situation or a lawyer who can adequately negotiate on your behalf.
The bottom line is, insurance companies can leave you out to dry if you don’t have legal representation. The insurance process is anything but intuitive, and it should be taken very seriously- especially when it comes to your physical and financial well-being.
While your case may seem simple to you, the reality is that many factors can come into play, affecting your ability to secure the benefits that are rightfully yours. On the other hand, if there are other complicating factors you don’t know about, hiring an attorney can mean the difference between getting the compensation you need and not having enough for your medical bills or other financial needs.
Insurance companies may not always act in good faith because they are too concerned with their bottom line.
Your lawyer’s job is to protect you, not a billion-dollar company. The dedicated attorneys at Millin & Millin will do everything in their power to make sure you get the settlement you and your family deserve.
The construction industry can be brutal and the laws affecting it can be very complex to navigate. Unfortunately, when a contract goes south, those involved in the project can end up facing substantial financial losses. Construction business owners, service vendors, construction workers, and all others involved in a given project face serious risks when getting involved in a project.
Thankfully, there are ways to protect yourself and to obtain the compensation that is rightfully yours if something goes wrong.
Your construction law attorneys at Millin & Millin can help you get paid through a mechanic’s lien. Also known as a construction lien or contractor lien, filing a lien against a property can help to ensure that your rights are fully protected and that you obtain what is owed to you.
Our attorneys can effectively represent construction contractors or property owners facing a construction lien dispute.
A lien is a document that certain parties can use as a way to obtain payment for their services rendered. The lien typically documents the amount owed, the party responsible for payment and other vital information regarding property records.
If the debt is not paid on time to the creditor, then the lien can begin to affect the debtor’s credit, as well as their ability to sell or refinance the property, along with other legal issues.
A mechanic’s (or material men’s lien) is a means by which certain parties involved in a construction project can get paid for their work. Mechanic’s liens typically cover labor, materials, supplies and any equipment used to make improvements to a given property. Depending on the specifics of the contract or project, liens can be filed before work begins and then removed once the debtor has met their financial obligation.
Mechanic’s liens can also be filed for work that has already been completed.
A mechanic’s lien can be filed by a wide range of parties who may have been involved in the construction project, either by providing labor, services or materials, including:
While liens do not necessarily force the creditor to pay you immediately, they do create a legal hazard that most property owners do not want to face. Liens against a given property essentially make it difficult for the owner to sell or refinance the property until the lien is paid.
In order for the property owner to use the property effectively, they will want to pay off their creditors to obtain a clear title. Should a debtor fail to pay off what is owed, the creditor can file a lawsuit to force the sale of the property so that they can obtain payment for their services from the selling of said property. With foreclosure being such a real risk, most property owners would rather pay off what is owed.
If there are multiple liens against the same property then Texas law will determine in what order creditors are paid.
There are certain deadlines and important due dates that any individual wanting to file a lien should be aware of. Parties who are contracted directly by the property owner do NOT need to submit a preliminary notice if it is related to a commercial project. For individuals wanting to file a lien on a residential project, then the contractor must file with the county recorder.
In order to file a lien on a commercial project, a general contractor should do so by the 15th day of the 4th month after last month that they provided materials or labor to the project. For parties wanting to file a lien for a residential project, they should do so by the 15th day of the 3rd month from when they last provided materials, labor or services.
When it comes to actually enforcing the lien:
Thankfully, in the state of Texas, parties involved in a construction project have plenty of protection to secure the compensation that is rightfully theirs. However, the process of filing and/or enforcing a lien can be complex without the assistance of a qualified attorney.
If you need support with filing a lien against a party that has failed to pay you what you are owed, do NOT hesitate to seek out the guidance and assistance of the construction law attorneys at Millin & Millin. We want to make sure your business continues to thrive.
Have you had a terrible experience with your insurance company acting in bad faith or offering you a disappointing settlement? In addition to consulting with the insurance claim lawyers at Millin & Millin, you also have the option of filing a complaint with the Texas government agency responsible for protecting consumers against bad faith insurance settlements.
The Texas Department of Insurance (TDI) regulates and investigates the handling of insurance claims in the state of Texas. If you believe that your insurance claim has been mishandled, the TDI can help hold the insurance company responsible and reverse or adjust your settlement, though a private insurance lawyer may be a better option in some cases.
Before we discuss the advantages of hiring a private insurance lawyer, here is some basic information on how to file a complaint with the Texas Department of Insurance.
Insurance companies are looking out for their own best interests when they settle an insurance claim, but consumers also have policy rights that must be protected.
Some of these rights include a prompt settlement process, fairness in negotiation and ultimately, a “good faith” settlement that is appropriate to the claim being made, whether it is home, auto or another type of insurance.
According to the TDI website, the department can help you with your insurance complaint against the following companies, agents and adjusters:
Disputing an insurance settlement can be a long process that may require detailed documentation and mediation between the parties involved. The process itself starts simple enough with downloading and submitting a complaint form from the TDI website, but before doing so you should speak with the insurance company’s customer service department to try and settle the dispute.
In other words, you should think twice before filing a complaint because it can be a long process and the result may not be what you expected. It is important to know clearly from the outset what is the nature of your complaint, what results you want to achieve and what are the chances of achieving those results.
Our insurance law attorneys at Millin & Millin can help you think through these questions.
Unfortunately, in the State of Texas, the department of insurance is not able to make findings on who is at fault in an accident. This is something you would have to take up with a personal insurance lawyer. Also, due to tort reform, the TDI is limited in what it can do in cases of personal injury claims.
An example of what the TDI can help you with is when an insurance company refuses to make auto repairs. In this case, you will want to keep all repair receipts to show the TDI and also make sure an adjuster inspects the vehicle damage before repairs are made.
By following the right process from the beginning (documentation, prompt communication, etc.), you can make sure that no insurance company will get away with a bad faith settlement.
There are many cases when hiring an experienced insurance lawyer is preferable to disputing a claim through the TDI or other state insurance department. Unlike the TDI, lawyers are working directly for their clients and are not dealing with thousands of public cases at a time.
The difference between a state insurance department and a private insurance lawyer can be somewhat like the difference between a public defendant and a personal lawyer in a criminal case. With a private attorney, you can be sure that you are getting the personal attention you deserve and that the lawyer will try to find every avenue to pursue what is rightfully yours.
The TDI is a good option in many general cases such as auto repairs, but other types of complaints (for example, personal injury) can be complex and a private attorney can uncover options beyond what you originally expected.
Even if you decide to file a complaint with the Texas Department of Insurance, by contacting the insurance claim lawyers at Millin & Millin you can discuss all your options and make the most informed decision for your insurance claim.
Is your insurance company acting in bad faith? Millin & Millin can help to right the wrongs done against you!
Contact us today at (956) 631-5600 for a FREE case evaluation.
Being rushed to the emergency room can be a nightmare scenario for everyone involved. The stress and worry over the well-being of a loved one and costly medical services can put a lot of pressure on individuals.
Now imagine if your insurance denies coverage for this visit.
Alarmingly, it could even be deemed that your injury wasn’t really an emergency, leaving you to foot the entire bill.
Your insurance bad faith lawyers at Millin & Millin have the experience and legal know-how to accurately and successfully represent you in a court of law against bad faith insurance companies looking to shuck away responsibility to you.
Consider the following information about insurance denials of emergency room visits.
Recently, Anthem, the second-largest insurance company in the country, along with its subsidiary Blue Cross and Blue Shield of Georgia, informed their clients that they would no longer be paying out for trips to the ER if they determined that the visit was not an actual emergency.
A decision based on their own standards, leaving sick patients with big worries and even bigger bills.
It would do you well to be on the lookout if you or someone you love has recently been admitted into the emergency room and is insured by this company. In many cases, patients have received large bills in surprise after their ER visits and are expected to pay the entire costs on their own.
Anthem’s new policy on whether or not to pay an ER bill is based on a doctor’s diagnosis, not the reason the patient went to the hospital. The insurance giant defines what constitutes as an “appropriate” visit to the emergency room as anywhere “a prudent layperson, possessing an average knowledge of medicine and health” truly believes that immediate treatment is needed.
But what a “prudent layperson” and “average knowledge” is essentially left to the insurance companies imagination.
The Affordable Care Act provided a definition of a “prudent layperson” in order to protect patients from predatory insurance practices. Its original intention required that insurers based their claim payments on what an average person would consider an emergency. Now, the meaning has been twisted.
The insurer can go back after the visit and review the doctor’s diagnosis after and deem whether your trip was considered an emergency or not based on those results. For instance, an individual may visit the ER with immense chest pains only to find out that they are suffering from a severe case of heartburn.
Anthem would not consider this an actual emergency, leaving the patient to fend for themselves. Unfortunately, this may stop individuals who actually need help to shy away from visiting the ER when they actually need it.
Of course, insurance companies may claim that the goal of this policy is to decrease the costs of healthcare. Health care experts, however, state that this is more of the same bad faith insurance practices looking to squeeze out more profits from patients.
Attorneys like our insurance bad faith attorneys at Millin & Millin say that this new policy is a violation to the “prudent layperson standard” guideline, and if you have been affected, we want to help you get your voice heard.
The problem is that many “minor” symptoms can warrant a trip to the emergency room. A 2016 research paper published in the Journal of the American Medical Association (JAMA) concluded that six out of the top 10 reasons for “unnecessary ER visits” included symptoms like:
Coincidentally, these symptoms are also apart of the top 10 symptoms experienced that are correlated to real emergencies.
While this policy may have been arranged with good intentions to cut down on the costs of healthcare, it leaves patients in a precarious situation where the insurance company can deny your claim because they feel it wasn’t an emergency.
At Millin & Millin, we fight tooth and nail for our clients, not only to give them excellent representation but to fight for the compensation they deserve. Our years of experience in battling bad faith insurance companies is to your advantage. Claim what is rightfully yours.
To set up your free legal consultation, contact us today at (956) 631-5600.
As the baby boomer population reaches their senior years, they have begun to seek out the benefits of the long-term care insurance they purchased years ago. These policies were set to provide benefits which are not normally included in traditional health insurance policies.
However, these long-term care policies have lead to a substantial growth of bad faith claims as insurers sold policies without disclosing important information regarding price inflation, reduction or denial of benefits, and failing to inform policyholders of restrictions.
At Millin & Millin, our bad faith insurance lawyers are dedicated to ensuring you receive the benefits that are owed to you. Those who have been denied a long-term health care policy claim should seek out legal aid to obtain the benefits they are legally owed.
Long-term care policies are aimed at providing seniors with the health care services they need as they age. Unfortunately, this is a vulnerable population who often suffer from the fraud and abuse of clever insurers who fail to provide adequate information regarding coverage.
Long-term care policies should cover:
When bad faith insurance takes place, seniors may face unexpected - and costly - expenses due to a lack of coverage for the services they need most.
Policy Definition and Limited Benefits
In addition to limits of benefits set in the policy definition section, most long-term care policies set daily benefits for reimbursement on care such as adult day care, home health care, nursing home cure, or assisted living facilities.
In addition to this, limited daily benefits can include care providers when necessary, as well as home modifications for easier access and to create a safer environment.
Not being able to perform two Activities of Daily Living (ADL) is used as a reference for determining benefits for physical or cognitive disabilities. ADLs include: bathing, eating, drinking, walking, standing, dressing, transferring, and other activities.
Issues with Long-Term Care Policies
Many of the long-term care policies were sold to in the mid-80’s and 1990’s to baby boomers who wanted to have protection already in place for when they would reach their twilight years.
The issues with long-term care policies started years ago when the policies were being underwritten. Underwriting is the process in which insurance underwriters measure risks and determine how much a premium should be to provide the coverage needed.
Unfortunately, insurance underwriters failed to properly estimate the inflation of costs associated with the services needed by this aging demographic including nursing homes, assisted living facilities, in-home care and more. Now, insurance companies are denying these long-term care claims and are substantially increasing premiums to the detriment of those who need the care most.
In order to fully understand your coverage limits and benefits, it is best to seek help from a professional bad faith lawyer.
The experienced attorneys at Millin and Millin have years of experience with bad faith insurers and can spot hidden limitations, reveal unfair practices, and help you to receive the benefits that are owed to you.
A class-action lawsuit filed in 2012 has finally been settled with a big name in the insurance industry having to pay out those they have wronged.
State Farm has gathered the attention of the public eye recently when they settled a class-action lawsuit for $250 million. It was claimed that the company tried to defraud 4.7 million past and current customers out of $1.05 billion that was rightfully owed to them.
Trust your bad faith insurance attorneys at Millin & Millin to stay up-to-date on major insurance news in order to deliver top-quality representation designed to get you the compensation you deserve.
The alleged debacle originally began more than 20 years ago, specifically, in 1997. The lawsuit at that time claimed that State Farm did not pay for original parts when vehicles insured by them were repaired.
In 1999, a Williamson County jury and judge ruled in favor of the plaintiffs, awarding them $456.6 million in damages for breach of contract, another $600 million in punitive damages against State Farm for violating the Illinois Consumer Fraud Act, and disgorgement damages totaling around $130 million. Not long after, an appeals court scratched out the disgorgement damages.
State Farm insurance would go on to appeal the judge’s original ruling and the lawsuit stayed in a legislative limbo of sorts within the Illinois Supreme Court. It was then alleged that State Farm had violated the Racketeer Influenced and Corrupt Organizations Act (RICO Act) by funneling money through several advocacy groups to certain political figures within the Illinois Supreme Court with the goal of keeping their donor list anonymous.
By keeping the donor list anonymous, this allegedly enabled State Farm to funnel more than $4 million in aid to the campaign of then-candidate, Lloyd Karmeier, back in 2004, who was running for the Illinois Supreme Court.
Karmeier would go on to win, and a mere 9 months after his election, he overturned the judgment on the original class-action lawsuit from 1999.
After a U.S. Supreme Court ruling that stated that a different West Virginia judge should have recused himself in a somewhat similar situation, blood—figuratively speaking—began to churn in the legislative waters, attracting plaintiffs and lawyers alike to investigate this ordeal.
In 2012, a federal racketeering lawsuit was filed.
The amount recently awarded, $250 million, was calculated to include the costs of administering the settlement, lawyers’ fees, and other costs.
The settlement also covered those from the original class-action lawsuit that were insured by and had filed an accident claim through State Farm and were given—or paid for the value of—a non-factory authorized or original part when their vehicle was repaired between July 28, 1987, to February 24, 1998.
It is important to note, however, that even though State Farm settled, they are not admitting guilt.
Every day, millions of people place their trust in the hands of their insurance companies, hoping that one day, should they need them, they will have their back.
The reality is, however, that sometimes insurance companies will put their profits over your best interests, and if that happens, you need the best bad faith insurance attorney. You need the expertise of Millin & Millin.
Contact us at (956) 631-5600 for your free case evaluation today.
