Insurance is the best way to make sure you don’t end up in a financial hole after an accident. Whether your home suffers damage from a burst pipe, a fallen tree, or theft, insurance coverage will, ideally, help you recover without many financial issues.
However, that doesn’t mean making a claim is easy. You may not know if you have coverage for the type of claim you need to make or even how much you’ll receive in compensation.
By understanding some of the most common homeowners insurance claims, you’ll be able to understand which areas of coverage you need most and be able to better protect yourself from a bad faith insurance denial.
The single most common homeowners insurance claim is for damage caused by storms and high winds. Severe weather like hail can cause damage directly while high winds can knock down tree branches that then fall on your property.
Part of the reason this is the most common is because these conditions happen virtually everywhere in the country. More extreme weather, such as hurricanes and tornadoes, will also result in insurance claims but only certain areas tend to experience these types of weather events.
Fires are another common type of insurance claim frequently made across the nation. House fires can have many causes including a short in the home's electrical system.
Fire damage tends to be covered in most policies, although some may not cover the full cost of rebuilding a heavily damaged home. In this same vein, lightning strikes can cause fires and other damages, and tend to be covered under most policies.
Wildfires are less common, but they can still happen virtually everywhere. While these types of claims are typically covered, you should be sure to read the fine print to know exactly what sort of fire incident is covered in your policy.
Water damage can be incredibly damaging to a home. Leaking pipes can cause a creeping rot while the damage caused by a pipe bursting can lead to more severe damage.
It’s important to note that floods are typically not included in basic policies and additional forms of coverage are required to protect you from this type of incident.
If you want to make sure your insurance claim is approved, you need to know exactly what your plan covers and how much it is likely to pay out. While some plans take into consideration wear and tear, others will pay for a complete replacement of the destroyed item at the current going rate.
If you made a claim that was rejected unfairly, you have options. Millin & Millin can help you fight bad faith insurance denials. You deserve the compensation you paid for, and the best way to get it is to ask an experienced attorney for help.
We offer FREE consultations to help you determine if your case may involve bad faith.
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The loss of property is an unfortunate circumstance that no policyholder wants to have to deal with. The only thing that can make it worse is to hear that your large-loss insurance claim has been denied.
If your claim is rejected, especially as a result of bad faith, you need to know who to turn to next.
The McAllen bad faith insurance lawyers at Millin & Millin are here to explain the steps you can follow to lower the possibility that your claim is denied by your insurer.
Understanding and taking your role as a policyholder seriously is vital to avoid a claims denial. By having a solid grasp of what your policy covers and does not, you’re more likely to prevent a denial in bad faith.
Follow these steps to correctly do your part:
The idea of losing something as important to you as a home or other large property is horrific, so to imagine your insurance company would take advantage of your situation and deny your insurance claim in bad faith is even more unthinkable. That’s why the bad faith insurance lawyers at Millin and Millin are here to help.
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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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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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Although there are many cases in which an insurance claim is denied in bad faith, there are also many instances in which the denial is valid. How will you know whether or not the decision was appropriate and ethical?
The bad faith insurance lawyers at Millin and Millin are professionals who can help you determine with certainty whether or not your claim was denied in bad faith. However, it’s important to have a general understanding of why and how an insurance company could potentially be allowed to deny your claim.
As stated above, not every disapproval of a claim is done in bad faith. Generally, you should not assume that unethical behavior took place just because your claim was denied. Additionally, there may be instances when there is more of a miscommunication than an outright act of bad faith.
To begin, here are some examples of when it’s reasonable for your insurance company to deny your claim:
For example, however, say there is fire damage in your kitchen, and you have a clause in your policy that accounts specifically for such damages. You submit a claim, but the insurance company is quoting a lower amount than what you feel the damages cost. In this instance, the insurance company could be acting in bad faith, especially if you are able to prove the fire cost you more than they will cover.
If you feel that your insurance company will not compensate you properly, it’s important to reach out to a bad faith insurance lawyer. While it may not be ideal, insurance companies are still businesses and therefore, seek to optimize profits.
In order to do that, some people’s claims are approved for less than requested or outright denied. This is why retaining legal counsel could help you save money in the long run.
For the average person, it can be difficult to tell if your insurance claim was denied in bad faith or not. We hope this guide has helped, but if you need additional support, the bad faith insurance lawyers at Millin and MIllin are always prepared to answer any questions you may have!
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.
When tragedy strikes, we are often left emotionally vulnerable. When an expected safety net, like homeowner’s insurance, also fails us, the resulting confusion can lead to anger.
Hopefully, this listing of common reasons for why insurance claims are denied (and what can be done to avoid denial) can help bring calm and sense back to a stressful situation.
An insurance company must explain to you, in writing, why any insurance claim has been denied. Phone conversations are not enough to be a denial.
Basic reasons for denial include not paying premiums on time, not filing a claim in time, and not documenting the damages claimed. These are all legitimate reasons for denying a claim and do not leave much ground to fight the denial.
A more complicated matter comes from an insurance policy’s exclusions lists. For instance, home insurance in many coastal counties does not include an option to cover wind or hail damage, so these claims can be denied. Flood damage is also covered by a separate insurance, so those claims must be made with the appropriate organization, and not with your homeowner’s insurance company.
Homeowners may also be denied coverage based on how they presented the damage claims to the insurance company. Without good documentation, a company can deny your proof of possession. Homeowners are also expected to try to prevent further damage from occurring after the initial incident. For example, if a wind storm created holes in your roof, it is your duty to temporarily cover those holes, instead of allowing later rainstorms to further damage your home.
If you believe your insurance company is denying your claim without a legitimate reason, you can follow these steps below on your own, or you can find a Texas homeowners insurance claims attorney to help you take legal action:
At Millin & Millin, we are dedicated to helping you get your insurance to pay out what is owed to you.
If you are having to file an insurance claim, it’s likely due to the fact that you have just suffered through a terrible event. Having to deal with the unscrupulous tactics of an insurance company is the last thing you need on your plate during this time.
Depend on the responsiveness of the bad faith insurance legal team of Millin & Millin to get the justice you need when seeking your rightful compensation from deceitful insurers.
The owner of Cheers in Boston is suing its insurance carriers over what it claims was a wrongful denial of its business interruption insurance claims. Hampshire House, the owner of five restaurants and a distribution center, claims to have lost millions of dollars due to the pandemic.
As the novel coronavirus spread across the globe earlier this year, businesses closed and residents stayed inside in an effort to stem the tide of coronavirus cases. In the months since those closures, many businesses have faced a business coverage denial by their insurance carriers. In some instances, business owners are claiming that their carrier is wrongfully denying these insurance claims based on ambiguous policy language that legally should be interpreted in the policyholder’s favor.
The Hampshire House lawsuit is filed against Fireman’s Fund Insurance and Associated Indemnity Corporation, as well as their parent company Allianz Global Risks United States Insurance Company.
The suit against the company argues that it breached its contract with Hampshire House and failed to act in good faith.
“Hampshire (like others who purchase business interruption insurance) has faithfully paid its premiums. Yet, when Hampshire made a claim because of a catastrophic business interruption caused by state and local emergency orders, the defendants summarily and arbitrarily denied Hampshire’s claims,” the plaintiffs argue, according to the Boston article.
Hampshire House closed all of its facilities as a result of the pandemic and a state order issued earlier this year. The Cheers locations also relied heavily on tourism, according to the suit. Hampshire House continues to pay insurance premiums of up to six figures. It carries $10 million in business interruption insurance and estimates losses of several million dollars.
“Hampshire (like many businesses) has relied on its business interruption insurance to cover what it is supposed to cover – replacement of business income and payment of ongoing expenses in order to rebuild its businesses,” the filing states.
The suit argues that Allianz instituted a practice regarding COVID-19 insurance claims that led to “improper denial of countless business interruption claims”. Plaintiffs cite a post on the carrier’s website regarding coronavirus claims that read, “In general, any standard property and business interruption coverage must be triggered by physical loss or damage to property at an insured location and infectious disease is usually not a covered peril.”
Hampshire House argues that Allianz failed to make a “good faith investigation, determine coverage and adjust Hampshire’s claims because defendants reached a pre-determined conclusion to deny coverage”.
Attorneys for Hampshire House argue that insurance policies have long been interpreted in the policy holder’s favor by the court. This is allegedly largely due to the fact that these policies are created and sold by carriers in an effort to make money. Language that is ambiguous or “attempted catch all language” should be interpreted in the policyholder’s favor.
“While the insurance industry may cry afoul about their bottom line, too many small business owners, restaurant owners, gym owners, hotel owners, and medical providers are staring bankruptcy in the face,” attorneys for Hampshire House wrote in a statement. “This is a survival moment and all options must be on the table.”
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.
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.
