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.
Everyday, policyholders file claims with their insurance company — and many of these claims are eventually denied.
When your insurance company doesn’t properly compensate you for the unpredictabilities of life, bad faith insurance lawyers can step in to give you a helping hand. Experienced law firm, Millin and Millin, wants to take the time to help you understand when a claim denial is in bad faith and how they can help.
We hope this article serves as basic instructions on what to do when you are denied in bad faith. You can also reach out for a FREE evaluation if you have more questions!
Above all, you must prove that you’ve tried everything within reason to work with the insurance company before resorting to legal action. Let’s review what this entails in a step-by-step guide:
If you still have no luck, it might be time to talk to the professionals and file a bad faith insurance lawsuit.
We here at Millin and Millin hope that this guide will help you if you find yourself in a situation where your insurance claim has been denied in bad faith. When something goes wrong, it’s important to always be informed in regards to your particular circumstances. If you’ve followed the above process and still need help, the bad faith insurance lawyers will certainly review your case.
The fact of the matter is that individuals need insurance for a variety of circumstances. From protecting our families to protecting our property from the unpredictability of the world, insurance is essential.
But what happens when an insurance company doesn’t follow through with its end of an agreement? This is where bad faith insurance lawyers step in to aid you where the insurance companies do not.
One of the more common occurrences of bad faith is when an insurance company refuses to uphold its “duty to defend.” Let’s explore what this means and how it affects policyholders.
The “duty to defend” is a provision included in your insurance policy that outlines the job of the insurance company to defend you against particular types of legal action.
Of course, it’s important to always review your policy and understand what falls under your scope of coverage. However, if a lawsuit is brought against you that lands in this scope, the company is required to deal with the claim.
Here are some examples where this may be the case:
However, there are instances where your insurer is not required to provide legal counsel, which should be stated in your policy. For example, if you were inebriated when rear-ending someone, the insurance company may refuse to help because you intentionally put yourself under bad circumstances.
These different factors are all reasons why it’s important to fully understand the “duty to defend” provision of your policy. Seek out the help of Millin and Millin if you get a notice of “insurance claim denied” instead of legal aid. Millin and Millin’s highly knowledgeable bad faith insurance lawyers are ready to get you the legal help you need!
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Insurance helps us respond to disasters with strength by providing the funds we need to rebuild our damaged properties, homes, businesses, and replace our lost valuables. Understanding the procedures insurance companies use to provide relief aid will help make the recovery process smoother.
After you have presented a claim for damages, an insurance adjuster will come out to inspect your property damage and verify lost possessions. If you have already found a contractor who will help you rebuild, be sure they are also present the day the insurance adjuster visits you. Your contractor can help explain the rebuilding estimates you are facing to the insurance adjuster.
Depending on the adjuster's evaluation, your insurer will then offer compensation based on the total damages suffered. It’s important to be aware that this amount can be negotiated; homeowners are not forced to accept the first offer they get from an insurance company. This is another opportunity to have a contractor offer the true cost of repairs in case an insurance company is paying less than you expect or need.
If you believe your insurance company is failing to account for all damages, you can also hire an independent insurance adjuster to help negotiate your claim.
Finally, how claims are repaid will be affected if your home is still owned by a mortgage company. In this case, you will not receive the insurance funds directly, and instead will have to endorse a check that goes on to the mortgage company. Most of the work done to rebuild the home will have to be approved by the mortgage company, which usually means building contractors will be reviewed, and payments will be split into multiple parts based on their progress.
How much money the insurance company will pay for repairs depends on a few factors, all of which will be spelled out in your policy details.
First, there is a difference between paying replacement costs versus the actual cash value. Replacement costs are usually higher, since this uses the present-day cost of a new item that is purchased as a replacement.
An actual cash value refund is often less than the replacement cost, since the actual value of your items have gone down over time due to wear and tear.
Home insurance companies also charge a deductible fee for any item that they are replacing. This deductible amount is how much the homeowner is expected to pay towards the replacement of items. Insurance companies usually charge higher deductibles for damages caused by certain events like hurricanes, so this is another difference in policies to pay attention to.
The cost of rebuilding after a tragedy often includes more than just the value of your possessions; there are also lost wages, relocation expenses, and other factors you can take into consideration. The insurance policy you have been paying monthly premiums toward should tell you what other benefits you can take advantage of to repay expenses incurred because of a hurricane or other disaster.
Most plans include Additional Living Expense (ALE) benefits, to help you pay for the cost of hotels, food, and transportation after a disaster forces you to find shelter.
Cleanup fees can also be reimbursed by insurance, as the process of clearing downed trees and building structures is often the first priority in any disaster. In this case, be sure to keep all receipts as evidence of payment toward any rebuilding effort.
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 legal team at Millin & Millin. We know how to deal with insurance companies acting in bad faith and can help you obtain the
compensation that is owed to you.
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.
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.
COVID-19 has had a devastating impact not only on the American people, but also on the economy. Many businesses are closed in order to do their part to slow the spread. Because of this, business interruption relief is in high demand.
Unfortunately, many businesses are seeing their claims denied, even if their policy doesn’t exclude viruses.
In order to get the relief they need, many business owners have begun suing their insurance providers. Whether you’ve had your claim denied or simply want to ensure the strength of your claim in the first place, you may wish to seek the advice of a McAllen business interruption denial lawyer.
The pandemic has brought with it more than just illness. There are twin pandemics that have accompanied it.
For instance, many individuals and business owners are facing financial crises due to widespread anxiety, restrictions, and stay-at-home orders. To be clear, social distancing and staying home are essential parts of an effort to combat the virus. However, while these efforts are necessary, they also deeply impact businesses and the economy in general.
These hardships seem to be unavoidable in a pandemic, but that makes insurance policies and government aid all the more important. Despite this, many businesses have had their business interruption claims denied by insurers who claim their services were never meant to address these sorts of losses. An increasing number of business owners have filed suits against their insurers in order to seek relief.
If your business interruption was denied, you may need to take your insurance company to court to seek any compensation you may be owed. Meanwhile, many state governments and the national government are considering legislative solutions to this coverage issue. All of this can make the process of filing a business interruption claim in the first place even more confusing, unfortunately.
In truth, deaths and cases of COVID-19 have risen and fallen countless times over the course of the pandemic, but those small changes can be averaged into distinct “waves.” According to data reported by The New York Times, the U.S. experienced an initial peak in cases in late April and another, much higher wave in mid-July.
Currently, the country appears to be approaching another peak. In fact, cases on October 23 were at an all-time high. It’s likely that the pandemic, and the precautions needed to combat, aren’t going anywhere for some time.
And it’s possible that tighter restrictions may be called for either nationally or locally in order to get the virus under control.
The key to getting the business interruption compensation you need during this time is understanding your insurance policy. In order to determine if your policy covers losses such as those caused by COVID-19, you will need to identify any exclusions that may apply.
If you’re unsure if there is a virus exclusion in your policy, we recommend seeking legal assistance from a business interruption denial lawyer.
Even if your policy doesn’t have a virus exclusion, your claim may still be denied. Insurance companies know that many, if not most, of their policyholders, will be filing claims. However, insurance companies are also in the business of making money. Because of this, they will take any possible opportunity to deny your claim.
COVID-19 is hurting us all right now, but we can make it through this pandemic by supporting each other. One of the best ways to slow the spread is by simply going out less. However, this drop in foot-traffic has made staying afloat difficult for businesses across the country.
One life-preserver many business owners are reaching for is business interruption insurance. If you’re considering this option, the McAllen business interruption denial lawyers of Millin and Millin can help you analyze your policy in order to improve the strength of your claim. If you filed a business interruption claim only to receive a denial, we can help you challenge your insurance company in order to seek any relief you are owed.
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.
