Lindsay Diaz lost her duplex home in Rowlett, Texas when Seagoville based Billy L Nabors Demolition mistakenly tore down the house following a rash of deadly tornados in late December 2015.
Unfortunately, individuals who have suffered damage to their home or property because of a negligent act by a business or corporation often encounter difficulty in seeking just compensation in their dispute with the offending party. Many businesses will engage in bad faith behavior to avoid liability for their actions. When a company commits a wrongful act against your property, you’ll want a law firm that is willing to fight for your legal rights. Millin & Millin, PLLC has the attorneys that are committed to making sure when you or your property are hurt by business wrongdoings, the company is held responsible.
According to the lawsuit filed by Diaz, the demolition company whose slogan is “We could wreck the world” - failed to perform due diligence when they erroneously drove to her duplex at 7601 and 7603 Calypso Drive, rather than their actual target home, which was located at 7601 Cousteau Driver.
The houses, which were a mere block away from one another, had both suffered tornado damage. Diaz, however, had not sought to have hers demolished and was actually anticipating fixing the building, but was simply waiting on a FEMA estimate before commencing with repairs. Diaz had even submitted a permit to rebuild, but then received that fateful phone call. Unfortunately, her plans had been completely rendered moot.
The chief executive of Nabors Demolition, George Gomez, claimed that the demolition crew was mistakenly sent to the wrong house because of a Google Maps error. At the time, the company crew was certain they had arrived at the right home and were confident they had torn down the correct structure until they were notified of their mistake.
It is purported that Gomez initially told one local news outlet that the demolition was “not a big deal” and that the company’s insurer would handle the situation. The statement began to circulate online, during which Diaz attempted to contact Nabors, but was unable to get in contact with the company.
It wasn’t until after thousands of residents responded to the story on Facebook, and after an influx of negative media coverage, the Diaz said the demolition company finally reached out to her to offer an apology. Diaz is quoted as saying, “I sat down with them and we spoke with them and they sincerely apologized. They promised to help and to make it right.”
However, since that conversation, Diaz has filed suit alleging that attorneys for Nabors have failed to agree to a full settlement for the mistaken demolition.
The lawyer representing Diaz added that Nabors Demolition also damaged the foundation of the property and have thus added to Diaz’s rebuilding costs. Furthermore, because the insurance repair estimates were based on the original damage the house sustained by the tornado, Diaz is now being forced to cover the total cost of rebuilding.
The legal representative of Diaz in her lawsuit against the company stated that Nabors were absolutely negligent in their failure to ensure that Diaz’s duplex was the correct home prior to initiating the demolition. “If you’re in a business of demolition, especially of homes, you need to have more due diligence. I think it was gross negligence. I think they should have taken additional step to make sure they were tearing down the right home.”
Regardless of the type of claim, the size of the case, or the subject of litigation, our lawyers have represented plaintiffs fighting for justice against all size of defendants. The attorneys at Millin & Millin, PLLC understand that those in need of legal representation are seeking qualified, excellent, and efficient lawyers. That’s exactly what our firm brings to the table.
Reach us at 956-631-5600 or contact us here to get the legal ability and dedication you deserve.
As originally found here by the Daily Report Online, a federal judge ordered Nationwide Mutual Insurance Co. to pay more than $8.1M to the family of an auto accident victim. A jury determined that the insurer acted in bad faith by denying a claim for the death of the deceased woman, Stacey Camacho, who lost her life to a drunk driver.
More than $5.7 million of the total sum was awarded in a 2009 trial against the negligent party, and as of the the most recent trial, the court has still yet to determine an awarding for attorney fees because Nationwide did not settle in 2011 for $4.5 million.
This lawsuit, which took place in Georgia, was affected by the state’s offer judgment statute which asserts that the party that declines a settlement offer, and then losses in trial by at least 25 percent more than the rejected offer, can be forced to pay for the other party’s attorney fees. The representatives of the plaintiffs noted that this large amount was caused by Nationwide’s bad faith practices and would have only been $100,000 had they agreed to pay on the policy limit rather than insisting upon additional conditions.
Though every lawsuit has its own set of circumstances, and not every settlement ends in the millions, it’s still important to recognize that regardless of the size of the insurance company, if they are acting in bad faith, then there are lawyers who are willing to help you fight for the justice you deserve. Million & Million, PLLC are those lawyers. Our experience with bad faith practices and lawsuits means we can help you recover the monies that are rightfully yours.
In the underlying case, the 25-year-old mother died as a result of Seung Park slamming his commercial van in Camacho’s Toyota Tercel in 2005. The mother, who was driving with her 2-year-old son at the time, suffered fatal injuries and passed away the following day.
Park was sentenced to seven years in prison and five on parole after pleading guilty to vehicular homicide.
After the accident, Camacho’s husband and mother/executor retained a lawyer, who sent Nationwide a time-limited, 10-day demand for Park’s $100,000 policy limit, as well as an offer to shield Park from any personal liability from other claims aside from other insurance coverage available to the Camacho family. Nationwide rejected the offer and responded that they would only pay if the family supplied a general release which would force them to repay the insurer if other claims were made.
In 2011, after several years of litigation and an initial award of $5.85 million, the family retained new counsel (as their lawyers in the state case were potential witnesses) and pursued the bad faith lawsuit.
The pretrial defense filing reasoned that Nationwide had challenged the lawsuit on various grounds, including Park’s negligence as the proximate cause of the damages against him and that the family’s initial lawyer was attempting to instigate a bad faith claim by demanding specific type of releases in order to push the insurer beyond the 10-day demand letter deadline.
The defense team also claimed that the bad faith claim was a tort and that the case was truly about a breach of contract.
The plaintiff’s legal representatives said there was little discussion aside from a $500,000 offer from Nationwide shortly prior to the trial that was declined.
During the trial, the jury had to decide whether Nationwide acted in bad faith or negligently, with damages to be determined at a later date. Because of the intricacies of insurance laws, the plaintiff’s lawyers noted that they were challenged by the need to educate the jury about the processes and procedures of the insurance system and how they play out in a lawsuit.
After litigation that lasted a little over one week, the jury found for the plaintiffs.
The presiding judge noted that Nationwide’s claims adjuster had admitted to the handling of the initial demand letter as “not in line with industry custom and practice” and that “there was certain evidence from which the jury could infer that the plaintiffs were being jacked around in their settlement negotiations giving Nationwide’s conduct the flavor of bad faith.”
In total, the family was awarded $5,730,000, which was the amount of the state court judgment, plus what was at the time of entry, $2,405,873 in interest.
If you are experiencing similar difficulties with your insurance company, then find some relief in knowing that Millin & Millin, PLLC is here to help. We have a track record of going up against the big bad wolf insurance companies and successfully getting fair compensation for our clients. Schedule an appointment today in our McAllen office to find out how we can help you with your claim.
After timely payments on your premium, and faithful customer loyalty to your insurance company for years, it may come as a shock to discover that your insurer may not be as compassionate to you as you would’ve hoped. The haunting truth is that though insurance companies are not purposely wicked, however their loyalty ultimately lies with profits.
The attorneys at Millin & Millin PLLC are aware of the dubious nature of insurance companies and so they strive to provide their clients with the most reliable legal consultation when facing civil litigation challenges - especially against these large business entities.
There are a number of issues that can arise when dealing with insurers and one of the worst is bad faith insurance. Unfortunately, customers aren’t usually cognizant of bad faith insurance until they are attempting to file a personal injury claim. This is when bad faith denial of claims begins to emerge, which is illegal, and which can affect the claims tremendously.
Fortunately, with the right team of attorneys by your side, you can fight these illegal actions and gain back the benefits that are rightfully yours. Because bad faith insurance is unlawful, companies are susceptible to fines and punitive damages, which can run into the hundred of thousands of dollars or even the millions.
When negotiating insurance claims, adjusters may act in bad faith.
Bad faith insurance practices are the refusal, denial, underpayment or delay of a legitimate claim by a policyholder. When an adjuster of the insurance company denies a claim for no reason, then it could be that your insurer is acting illegally.
Bad faith is whenever an insurance company:
Unfortunately, bad faith practices occur way too often, especially because insurance companies maliciously take advantage of the fact that most policyholders aren’t always aware of their rights or legal options when being mistreated.
Bad Faith Insurance Laws
Thankfully, there are laws set in place to help prevent bad faith insurance practices from occurring. These laws allow individuals to to take legal action from mistreatment and protect policyholders from unethical practices.
If your insurer continues to deny you a fair settlement, then you can file a complaint with your state insurance board. An investigation will help to determine if the insurers were acting in bad faith. However, the insurance board can only levy fines against the company, but CANNOT force them to pay a claim. This means you’ll need a competent and experienced law firm like Millin & Millin PLLC to help you file a suit against them.
When is it Not Bad Faith?
A simply disagreement between an insurance adjuster and policyholder about the total loss amount does not necessarily represent a bad faith practice. It is important to remember that a simple mistake or error caused by the insurer does not necessarily mean that they were acting in bad faith.
Who is the Claims Adjuster?
Claims adjusters are employed by the insurance company to help process claims. Their responsibilities include:
Is Your Adjust Acting in Bad Faith?
If you are under the belief that your adjuster is acting illegally, then the first thing you will want to do is file a complaint with that adjuster’s supervisor. Note the reasons why you believe the adjuster is negotiating in bad faith and discuss your concerns with the supervisor. Make sure that you do not initiate the conversation with threatening to file a suit as this will only cause them to treat you as a disgruntled customer rather than with the consideration you deserve
Inform the supervisor that:
To be taken seriously it will exceedingly vital that you gather (and offer) as much proof of the bad faith dealings as possible. Always take good notes when talking with your adjuster so that you can provide viable examples of the bad faith tactics.
After the discussion with the supervisor, send them a certified letter that confirms the date and time of the conversations. Also reiterate the reasons you believe the adjuster is acting illegally.
When You Need an Attorney
If after several attempts to rectify the issue, and negotiate the claim effectively, the insurance company continues to act in a malicious manner, then contact Millin & Millin PLLC immediately. Bad faith lawsuits can be complicated, but our experienced lawyers have the know-how to deal with any insurance company - big or small.
We know that pursuing a case against a company on your own can be intimidating. That’s why we want to be the support you need and deserve. Call the Millin & Millin PLLC offices today at 956-631-5600 to help you secure the coverage and benefits you are owed.
