At the beginning of the new year, many people often make resolutions to better themselves. From eating healthier to exercising more, saving money to completing a project, we all make goals for the year.
In 2020, resolve to better protect yourself and your loved ones by performing an annual insurance review. This simple act can save you from a ton of problems should you have to file an insurance claim down the road. By knowing exactly what coverage you have and - perhaps more importantly - what you are missing, you’ll be able to make the right decisions about your insurance needs.
Your insurance claim lawyers at Millin & Millin highly recommend you review your policy at the start of every year with your insurance agent. Here’s why.
If you have coverage for any of your property - including a home or other valuables - you may find that you are actually underinsured because of how property value increases. For instance, if the property value of your home is greater than the cost of when you first bought it, then you may not have enough coverage to rebuild in the event of a catastrophe.
For example, if you paid $150K for your home but over the years its value has increased to $250K, then a lack of coverage could leave you footing the bill on any damages suffered.
When reviewing your insurance policy, you may find the means by which to save yourself a bit on insurance costs, including taking advantage of discounts you weren’t aware of, adding extra coverage at no extra costs, or even taking coverage off of property you no longer have, such as a vehicle you recently sold.
Depending on your insurance provider, you may even be able to lower your premium if you have improved your credit score over the past year, decided to pay an annual premium versus monthly installments, or simply been with the company for a significant amount of time.
Businesses in the United States are expected to have certain policies in place in order to protect employees and clients. Failure to update your coverage can lead to substantial penalties, or even bigger issues, like being sued by another party.
It is much better to be proactive when it comes to your business and seek out adequate coverage so you can protect your business and yourself from financial hardship.
When performing an annual insurance review, there are several questions you will want to ask your insurance agent in order to ensure that you have the protection you need to keep yourself, your family, and your valuables safe.
Start the decade off on the right foot by reviewing your insurance policies. If it’s been some time since you last examined them, you’ll have the opportunity to make adjustments before disaster strikes. This can prove to be absolutely pivotal when making an insurance claim.
Unfortunately, even with the right coverage in place, insurance companies may still act in bad faith. If you are dealing with an insurer who does not want to pay out the coverage that is rightfully owed to you, then do not hesitate to contact the dependable and trustworthy insurance claim lawyers at Millin & Millin. We have the skill, knowledge, and compassion necessary to get you the results you need.
Just a few weeks ago, heavy rain and flooding forced families all across the Rio Grande Valley to evacuate their homes and save what they could. Communities all across the Rio Grande Valley were flooded, including neighborhoods in Weslaco, McAllen, Mission, and Edinburg.
The water flooded thousands of homes and business with up to 3-feet of water. So far, damage estimates are in the hundreds of millions of dollar. According to the National Weather Service:
If you suffered damage to your home because of a storm in the McAllen-metro area, you may be eligible to file a storm damage insurance claim. However, it is important to be aware of a number of mistakes and pitfalls that can lead to your claim being denied, delayed, or underpaid.
Your insurance claim lawyers at Millin & Millin have years of experience handling insurance companies acting in bad faith. We know how they can take a simple mistake you make and use it against you to deny a claim.
To better protect yourself, your dedicated legal team at Millin & Millin would like to offer you a brief overview of some of the most common mistakes committed by storm damage claimants.
It is absolutely understandable that the stress of dealing with a damaged home and property can lead to some honest mistakes, but a simple trip up when dealing with your insurer can cost you thousands of dollars. When filing a home insurance claim make sure to avoid:
You’ll want to make a claim as soon as possible after a serious storm causes damage to your property. The longer you wait to file your paperwork, the harder it becomes to prove your claim. Some insurance companies also put a deadline on when you can file a storm damage claim. If you fail to meet this timeframe, you essentially give up any rights to recover compensation for damages.
Regardless of the deadline, you’ll want to file a claim immediately. Damages to your home will still be “fresh,” and the insurance adjuster will be able to see the evidence clearly.
While it’s easy to assume the insurance company is on your side, the truth is much different. As a claimant, you want to collect and provide as much evidence as possible to support your claim. At the same time, you’ll want to make it as difficult as possible for your insurance company to deny or underpay it.
Take pictures and video if possible, as well as plenty of notes and documentation; this evidence can be used to contest an adjuster’s finding just in case.
Unfortunately, your bad faith insurance claim lawyers at Millin & Millin have seen time and time again insurance companies essentially lying or providing misinformation to derail clients from making a valid claim.
The insurance adjuster working your claim is trained to limit the company’s responsibility as much as possible, even if that means placing the fault on you. The bottom line remains - don’t just blindly trust your insurance company. Ask as many questions as necessary to ensure that you understand the situation.
If you find your insurer ignoring your requests, taking an unnecessary amount of time to respond to you, or denying or limiting your claim on unreasonable grounds, contact an insurance lawyer immediately.
This particular “mistake” can be a challenge to avoid as there is a very thin line mitigating damages and making too many repairs.
On one end, most homeowner policies make the homeowner responsible for mitigating storm damages. This means doing just enough - like a placing a tarp over a damaged roof - to stop additional damages from occuring. Failing to mitigate damages means you might run the risk of obtaining other damages that might not be covered.
On the other hand, making repairs - even small repairs - could result in a skewed analysis by the insurance adjuster. Your insurer could potentially blame you for damages and attempt to deny your claim.
If you aren’t positive on what exactly you can do, contact an informed insurance lawyer to give you some insight.
Insurance companies are NOT in the business of shelling out money to every single client. They are a business, and like most businesses, this means profits come first.
In an effort to avoid lowering their own profits, your insurance company will likely offer you a quick check that will only cover a small portion of the damages. If you accept this first offer, you won’t have an opportunity to obtain the full amount that is owed to you.
While you might be tempted to accept their first offering because of the pressures of having a damaged home, don’t put yourself in this position. It might take longer to get you the full amount that is due, but it will help you avoid the hassle of covering repairs out of your own pocket.
When facing major damages to your home because of a serious storm, it can be easy to feel overwhelmed and underprepared. Insurance companies know this and will take advantage of the situation to underpay your claim - or even outright deny you.
But you don’t have to accept their bad faith tactics or behaviors.
It can seem scary trying to go up against a giant insurance agency, but there are qualified lawyers who have the skill, experience, and ability to protect your rights. One of the biggest mistakes you can make when filing a storm damage claim is allowing your insurer to dictate the situation, forcing you into accepting a settlement that you know isn’t right.
Depend on the bad faith insurance legal team of Millin & Millin to get you the justice you deserve when seeking your compensation after a severe storm. Contact us today at (956) 631-5600 to get the legal representation you need.
A devastating property loss can be an overwhelming experience, leaving you confused, and unsure of what steps to take next. Unfortunately, there are numerous occasions in which large-loss claims are denied, either at home or at a business, and oftentimes these are done in “bad faith.”
Your bad faith insurance attorneys at Millin & Millin understand that after a major property loss, you may not have the fortitude to fight against unfair treatment from your insurer. However, it’s important to remember that you have rights and that you deserve to be treated fairly after making claim.
It’s also beneficial to recognize your responsibility as the insured and to understand what legitimate reasons are given for a large-loss claim denial.
You must take your responsibility as a policyholder serious to prevent a claims denial and to inhibit the insurer from merely taking advantage of you.
Many of these tips fall in line with reasons why you may be denied, so take the necessary steps forward to properly file your claim.
If after several attempts to rectify the issue and negotiate a claim effectively, the insurance company continues to act in a malicious manner, contact Millin & Millin immediately at (956) 631-5600.
Bad faith lawsuits can be complicated, but our experienced lawyers have the know-how to deal with any insurance company—big or small. The Millin & Millin bad faith insurance lawyers of the McAllen metro and Greater Rio Grande Valley even offer free case evaluations.
Let us fight for your rights!
Winter is here in the Rio Grande Valley, and while we might not get as cold as the rest of the state, there is still the occasional cold front that sweeps through the area. These cold spells can bring with them chilly temperatures, rain, and heavy winds.
An accidental fire or roof damage caused by winter weather can mean having to file an insurance claim. But unfortunately, insurance companies may try to deny, delay, or underpay your winter damage claim by placing fault on you.
If you’re having issues with your insurer over a winter damage claim, then contact the law offices of Millin & Millin, your bad faith insurance lawyers. We have the experience and know-how to get you the resolution your situation deserves.
Also, consider the following winter damage claims that are frequently denied and how you can avoid them.
While the McAllen metro area doesn’t necessarily experience the same bitter winters as northern Texas, the few cold snaps that move through the area sends residents towards their space heaters and other heating equipment. According to a study conducted by the National Fire Protection Association:
Insurance companies will try to avoid paying your fire claim by investigating if the fire was an act of arson. If the fire department is unable to identify the source or reason of the fire, any inconsistencies in your story and personal property listing can cause some major issues.
One strategy to inhibit a heating equipment fire is to keep any combustible items, such as clothing or furniture, at least 3 feet away from the heating source. Also, be sure to check equipment prior to use, as any loose connections or wiring can easily lead to a fire. Lastly, make sure to have smoke alarms working properly throughout your home for an adequate early warning system.
The winter weather of the Rio Grande Valley won’t bring any snow, but it can bring rain and roof damage. A collapsed roof or damage caused by rain should be covered in your home insurance policy, but contract language can make it difficult for policyholders to protect themselves, and insurers will use this tactic to avoid paying out on a roof damage claim.
Prior to any damage happening, you might just want to conduct an outdoor inspection, so that you can repel any arguments by your insurer that you hadn’t take the right steps to prevent or minimize damage. Check for missing, cracked, or creased shingles and also check your home’s flashing. If your home has rain gutters, then inspect them also, as rusted gutters with leaking seams can allow water into your house.
Should you still fall victim to roof damage caused by winter rains, then take the following steps to ensure an effective insurance claim is made:
If your insurance company avoids paying you out, and it doesn’t seem fair, it probably isn’t.
While freezing temperatures in the McAllen area are rare, they do occur nonetheless, and if you aren’t prepared, a busted pipe can lead to some major water damage. While water damage caused by a leaking pipe is typically covered by your insurance company, they may try to place the blame on you by declaring that you failed to properly winterize your pipes, thus avoiding their responsibility to you.
Because water expands when it freezes, this expansion puts tremendous pressure on water pipes, and can cause them to break. Outdoor hose bibs, swimming pool supply lines, water sprinkler lines, pipes that run along the exterior walls, and water supply pipes in unheated interior areas are subject to freezing.
One of the most basic tips you can follow when the weather is very cold outside is to let cold-water drip from the faucets served by exposed pipes. Even a trickle of running water will help prevent pipes from freezing. Also, on freezing nights, keep kitchen and bathroom cabinet doors open to allow warm air to circulate around the plumbing.
Remember that if your policy is unclear about water damage, you have the ability to fight a denied or underpaid claim.
If you’ve done everything in your power to protect your home this season, but you’re still having to deal with the bad faith tactics of your insurance company, do not hesitate to contact Millin & Millin, PLLC.
Our comprehensive knowledge means we have the ability to represent clients in difficult cases that involve bad faith insurance. Individuals and businesses can rely on our professionalism and skills to guide them through the most complex legal matters.
Don’t let your insurance company scare you with their tactics. Fight their denial today by calling (956) 631-5600.
Life insurance policies can help a family financially prepare for the unfortunate loss of a loved one.
Life insurance policies traditionally require that the insured policy owner pay premiums to the insurance company under the agreement that the insurer will pay a certain amount of money to the beneficiary after death.
Unfortunately, insurance companies do not always act fairly. Insurers may unjustly deny or delay claims for a number of reasons. That’s why it is exceedingly important that as the policyholder (or beneficiary), you know what a purchased life insurance policy includes.
But even when you are aware of the specifics of your policy, the insurer may act against your interest. That’s why at any delay or denial, you should have an experienced bad faith insurance firm like Millin & Millin PLLC assess your situation.
It is the responsibility of the beneficiary (if of age) to file the life insurance claim. Generally, a life insurance claim examiner will be assigned to your specific case and request the necessary forms needed to start the process including: an autopsy report, coroner’s report, medical examiner’s report, or other relevant documents.
If additional documents are needed you should be notified promptly to avoid delays. Once all the necessary authorizations have been signed, submitted, and filed, the insurance company must make a final decision on the claim within 30 days.
If the claim is to be paid, the insurer will provide the beneficiary the option of either being paid in a lump sum or having the funds deposited into a special account set up by the life insurance company. As a beneficiary, you have the right to request interest on a total payout if the claim was not paid within a reasonable time.
Unfortunately, a vast number of cases are unjustly denied by excuses designed to convince a beneficiary that the claim was invalid for a number of legal reasons.
Denial letters are often purposely drafted with difficult legal terms and ambiguous reasons to make the argument more convincing. It’s important to remember, however, that such letters should never be accepted as final verdict until an experienced attorney is able to analyze the situation.
Life insurance claims can get denied for a number of reasons including, but not limited to:
An insurer has the right to contest a policy if the insured died within the first two years the policy became effective. Contesting the policy usually consists of analysis of the various policy forms and application, which provide vital information about health, age, hobbies, etc.
If an insurance company is able to garner information that was not directly stated in the application, then the claim may be denied.
While only material misrepresentations (those that affect risk) can result in policy cancellation, insurers will attempt to contest under these conditions, even when the claim is valid.
Be aware of contestability and possible outcomes.
Generally, a policy is only active as long as premiums are up-to-date and paid. If there is a failure to make a payment, then the policy may lapse or terminate.
Very often, insurance companies are able to deny claims using nonpayment of premiums as justification. As a beneficiary, be aware of premium due notices and whether you were properly warned about an impending lapse.
A claim may be denied if there is no designated beneficiary. As there are provisions in a policy that state who should get the insurance money if there is no beneficiary, these claims may result in lengthy delays, or an outright denial.
Policy exclusions are used frequently to deny claims as they are ambiguous and allow for a number of possible of scenarios to be rationalized as non-payable.
Every state has their own set of statutes that govern the rulings behind insurance claims. However, they generally apply to state law claims and do not have legal standing in cases controlled by federal laws.
The claims adjuster working on your case may not have a full understanding of your specific state laws and may misinterpret them for the insurers benefit.
Insurance companies may attempt to deny your claim for a number of reasons, but that does not mean you are out of options.
A life insurance claim that has been fully and properly submitted, but not paid within 30 days can be considered delayed.
Delayed claims can often lead to denied claims, as adjusters will attempt to utilize this extra time to gather evidence to support a rejection. If you allow a delay to run indefinitely without an adequate explanation from the insurer, you increase this risk of denial.
If there is a delay in the claiming process, the insurance company must provide a reason for doing so. If there was no explanation provided, you will need to speak with experienced legal experts like Millin & Millin PLLC to get to the bottom of the issue.
Some of the most common reasons for delays include, but are not limited to:
A life insurance claim may be denied on the basis that the beneficiary is a minor and cannot receive the proceeds without a guardian.
A lawyer can help you to expedite payment of your claim once proper guardianship documents have been filed.
Including the funding of a life insurance policy in a will can result in claim delays. As a life insurance policy is a contract with another party, it cannot be legally controlled by the will.
After a major life event, such as a divorce, marriage, childbirth, etc., many people will want to change the beneficiaries on their life insurance policies.
Failing to do so may mean an excess of beneficiaries and the claim may be delayed as the insurance company proceeds to file an interpleader.
A failure to name a specific person, and instead use a group of people such as “children” or “relatives”, will likely result in a life insurance claim being delayed.
Also, when no beneficiary is named, the policy will be paid out according to the law of the state where the policy was taken out or according to policy terms. This issue will cause a delay as well.
There may be a delay in paying a claim when the primary beneficiary is not available (predeceased the insured or is not capable under law) and there is no secondary beneficiary.
If there is no contingent (secondary) beneficiary the claim will likely be delayed.
When submitting a claim, it can be in your best interest to obtain an experienced attorney who can help the beneficiary file the correct medical and financial information.
In order to avoid unnecessary delays or denials in a claim settlement make sure to:
You have the responsibility of providing the insurer with correct information on the life insurance application. You should provide the requested information in good faith as failing to do so can lead to a legally denied claim.
If you do not disclose certain medical conditions that can affect your health, the policy will be cancelled due to material misrepresentations.
If you do not designate a beneficiary, your family may have to deal with litigation disputes about who should receive the insurance monies. If there is no beneficiary, funding is paid according to the provisions of the policy.
This is exceedingly important; paying your premiums on time will help to avoid policy lapse or cancellation. Also, make sure to update your contact details or address changes to maintain receiving premium-due notices.
An insurance company cannot and will not settle a claim until all required documents are officially submitted. Documents can include forms related to the policy and documents proving the death of the insured. You will also be required to provide proof of your identity.
It is a good idea to send all documents in together, as a delay in submitting one document can mean a delay in claim decision. Also, if you are unable to obtain original documents, then you should produce certified copies of the required documents.
After the loss of a loved one, the last thing you need is to deal with the misleading practices of an insurance company. While insurers may try to play tough, here at Millin & Millin PLLC, we know how to play tougher to get you and your family your just due.
If you are experiencing difficulties with a dishonest insurance agency, 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 getting the compensation you deserve.
Schedule an appointment with us today to find out how we can help you with your claim.
“Know what to look for to avoid claim denials.”
Dealing with a major illness is enough stress as it is. There’s no reason any one should add to your burdens, but sometimes insurance companies can make it downright difficult in helping you get the resolution you need by denying your claim and leaving you with a large medical bill on your hands.
However, it’s still very important that you understand the reason for the denial so that you can take the necessary steps to appeal the decision. While there is always the slim chance that the denial was simply an insurance company error, the likelihood is far greater that you were denied coverage for a number of reasons - especially if this was your first submission.
The attorneys at Millin & Millin PLLC want you to know that you do have the legal right to appeal the insurer’s decision, as well as request the support of an experienced and dedicated legal team that knows how to deal with bad faith insurance practices.
What is important to know about the appeals process is that action must be taken immediately as there is usually a time limit set in place by the insurer - usually about 30 to 40 days after a denial. Make sure that you ask for a written denial from the company (via certified mail) that explains to you the denial details so that you can make an informed decision on what action to take next.
It’s also vital to go into this situation well versed, so we offer you 5 reasons why your insurance company might have denied your claim.
One of the typical reasons for having your claim denied is for receiving services outside of your plan’s provider network. If you received elective or nonemergency care from a provider that was outside of your health maintenance organization (HMO) or exclusive provider organization (EPO), then this means you obtained care from a party that was not in agreement with your insurance company’s terms of payment. In this situation, your health plan may deny the entire claim and make the payment your sole responsibility, or it may require of you to pay a bigger portion of the costs. Contact your insurer to find out more about your HMO’s network of healthcare providers.
Another highly possible reason for the claim denial was that the procedure you received simply was not covered by your insurance policy. It’s going to be your responsibility as the policyholder to know exactly what is and what is not covered in your plan. While it can be easy to make assumptions about certain routine procedures, always double check with the terms of your policy to ensure that the specific treatment you are seeking will be covered by your insurance. If you know that you’ll need a certain form of health care that is currently omitted from your plan, then make the decision to shop for a new policy that will provide you what you need.
Mistakes happen, and hopefully, it was simply an accident in the billing department of your local clinic that caused the mishap. While it can be frustrating to have to deal with these minor inconveniences that turn into seemingly big problems, billing issues can be quickly handled. Something as simple as your provider having outdated insurance information on file can lead to a denial. Issues can also arise from having two policies, such as having coverage through own employer and your spouse’s. If you can’t figure out exactly what the issue is, then have a talk with your doctor’s billing department and try to find out if they accidently coded your claim improperly or excluded some vital information.
Your doctor’s billing department can make mistakes and so can your insurance company. Transcription errors on reports developed by the insurance company can mean denial. A misspelled name. An incorrect birthday. Incorrect procedure codes that are age appropriate can make the claim invalid. Minor data entry errors can definitely snowball into something bigger, but all you have to do is call the patient customer service representative to help get the data problem fixed.
Certain procedures will require preauthorization, which is initiated by a doctor’s request on your behalf. Depending on the given situation, the procedure may be denied by the specialist provider if there is no preauthorization, or you may have the procedure done but the claim is denied afterwards. If the latter should take place, then ask your doctor to contact your insurance company and explain to them that a referral/preauthorization did occur. This is essential because if the insurance carrier does not have the valid referral number, the claim with be denied until the referral is provided.
After making timely payments on your premium, it can be a shocking discovery to find out that your health insurance claim has been denied. Sadly, insurance companies aren’t always looking out for your best interest, and that’s why you’ll want a legal team that will.
The Millin & Millin PLLC attorneys are fully aware of the dubious nature of insurance companies and so we strive to provide clients with the most reliable legal consultation to help ensure that you get the rightful benefits you are owed.
While it’s important to anticipate some of the common causes of rejected health insurance, if your insurer continues to practice bad faith, then give the Millin & Millin team a call at (956) 631-5600 and we’ll make sure you don’t have to deal with their tactics again.
It’s no secret that insurance companies tend to react slowly, especially when it comes to claims. And in all likelihood, if you’re having to submit an insurance claim, then you’re probably going through a horrid situation. Having to fight for your what’s rightfully owed to you shouldn’t even be an issue, but if that’s the case, here are a few tips to help you during those dire days.
Use That Tech
The first step you want to take before submitting a claim is to utilize technological resources to your advantage. That means using insurers’ apps, Web tools, smart-phones, and various tools to help you prepare the evidence for your claim. By being proactive, you should hopefully be able to take a few measures towards securing your monies, or at the very least, helping yourself build a meaningful “offensive” strategy should the insurance company initially deny you.
Understand Your Policy
The devil is in the details and it’s no different with insurance policies. Your understanding of the fine print will be advantageous in providing you the best insight into what your claim requirements will be. It will be necessary for you to know exactly what your policy covers, the claim process, how quickly you can submit, and the manner by which damage estimation is calculated.
Knowing your rights is also essential when disputing a denial. This information should be explicitly detailed in a policy or during discussions with an agent or with an experienced insurance attorney like Gina Millin.
In fact, it’s highly recommended to have an attorney assist you through the disputing process so that all legalities and specifics are properly explained for you. Legal support can also mean depositions are less emotionally taxing, which is vital when providing details about an accident or values of possessions - especially when large sums are on the line.
Keep Track of Those Records
Often it seems like insurance firms are eager to receive that monthly premium, but not as willing to provide that same level of promptness during the claims processes. That’s why it is exceedingly vital that you maintain immaculate records to provide yourself with meaningful reinforcement for those evasive insurance agents.
Make sure you maintain records of who you spoke with, as well the dates and times of these interactions. You should also write down specifics of what was discussed.
Last, but not least, you should also consider doing a video-tour of your home to record all the valuables you have insured. When completed, you should safeguard this video in a deposit safebox.
Don’t Give Up
The reality is that most disputes are efficiently and ethically handled by insurance companies. But there are times that claims can go awry and situations can get a bit out of hand - it can be very frustrating. However, it’s your responsibility to keep contact and save records of the entire process.
If you’re dealing with health insurance policies the delay may simply be a matter of providing some additional paperwork to prove the validity of the claim.
If it’s house insurance issues, every state has an insurance department that provides free services to ensure you’re getting what you are legally entitled to under your policy.
When dealing with auto policies, there’s always the ability to make a case as to why your vehicle is worth more than the appraiser estimates.
Regardless of the particular situation you may be in, you can always fight for what is rightfully yours and Millin and Millin is here to help. We want to be sure that your rights aren’t being ignored. We’ve represented hundreds of individuals against the illegal tactics of major corporations and have helped secure the rightful benefits of individuals from a variety of situations.
So if you’re unsure of where to turn to next, contact Millin & Millin at 956.631.5600 for the guidance you need.
