The death of loved one can have a profound affect on our lives. Losing a close relation is difficult enough, but sometimes insurers can make the recovery process much more challenging by not paying out on a life insurance policy.

In Texas, and throughout the United States, life insurance companies generally have 2-year window known as the contestability period. The clock starts the day after the life insurance policy has come into effect.

The contestability period was developed as a means by which to prevent cases of insurance fraud. During this time frame, the insurer has the ability to investigate a life insurance claim by reviewing the life insurance application, the insured's medical history, as well as determine whether there was material misrepresentation.

Unfortunately, families are often unsure what steps to follow after a claims denial, but it is important to remember that you can obtain legal support from bad faith insurance lawyers like Millin & Millin to help you find out exactly why your claim is being delayed or denied.

It is also in your best interest to understand some of the key components of the contestability period so you can avoid any issues should you have to undergo investigation.

1. Insurance companies will investigate your life insurance application. This means you need to always be straightforward when answering questions during the application process and be as honest as possible. Understandably, minor mistakes may be made when answering questions, but you should never purposely lie or withhold information on any of the forms.
2. You can still be held liable for fraud even after the contestability period. Fraud is fraud regardless of when it is done. Once again, always make sure to answer every question throughout the application period to the best of your ability and truthfully. On top of dealing with the loss of a loved one, you don’t want to have to deal with a possible denial because of a minor misrepresentation.

3. Accidental mistakes do not guarantee a rejection on your claim. If you inadvertently answered a question on your insurance application that is later shown to be factually wrong, that does not necessarily mean your claim will be wholly rejected. Instead, the insurance company may calculate what the premium on the policy should have been and reduce the benefit amount based on that number. Ultimately, however, the insurer is given the right to make the decision based on how severe the misrepresentation was.

4. The contestability period does not mean the contract is void. This 2-year time frame provides insurers with the ability to investigate your claim, but if everything is accurate and no misrepresentation found, they still have to pay the life insurance benefits. As long as the insurance policy was in effect, and all information is shown to be valid, then you are rightfully owed your just due.

5. Be wary of a new contestability period if you transfer policies. Be aware that if you fail to pay your premium and must get it reinstated or if you decide to purchase a new policy, even from the same company, you will face a new contestability period. Insurers may even purposely push you to purchase a newer policy knowing that a new contestability period will take effect.

6. An investigation during the contestability period may lead to payment delays. If the insurer notices any sort of irregularity in the cause of death, then they may investigate the claim, which will lead to a postponement in payment. However, if you notice that the insurer is stalling continuously, this may be the sign of a bad faith tactic.

What happens if the insurance company finds that material misrepresentation occurred?

There are a number of possible outcomes should your insurer happen to find mistakes in the application or if they determine that misrepresentation occurred:

• If the insurance company finds a mistake in the application, the policy may be annulled, but the premiums paid will be returned to the policyholder’s beneficiary.
• If a misrepresentation is found, the insurer may create a calculation for what the actual premium should have been and then subtract that from the payout amount.
• An investigation takes place with no issues and the benefits are paid in full.

If your loved one filled out the insurance policy truthfully and correctly, there is no reason that their family should have to deal with the stress of an investigation.

Insurance companies will often utilize this contestability window to avoid having to pay a claim or to reduce the amount paid. If you received a denial from your insurer, then it is in your best interest to contact the bad faith insurance law offices of Millin & Millin in McAllen, TX.

Our experienced and trustworthy team will make sure that the insurers are acting legally and not in bad faith. We know how to deal with insurance companies - no matter how big they are.

Contact us today at (956) 631-5600 for a free case evaluation that can help beneficiaries take action against bad faith insurance company tactics.

After years of paying insurance premiums on time, you may find it shocking to have your personal injury claim denied by your insurer. Unfortunately, the insurance industry is a business like any other and the model is to make profits, even at the cost of the client.

At Millin & Millin we know that insurance companies deny claims and coverages in hopes that the denial will not be challenged. Going up against a large company can seem like a daunting task, but our experience team of bad faith insurance lawyers understand how this industry works, and the tactics they use to try and deny a claim on bad faith grounds.

Insurance companies will try to deny coverage for injured individuals based on a number of factors. One of these methods by which your insurer may try to deny you is through the results they obtain from an Independent Medical Examination (IME). But be aware—just because this examination is called independent doesn’t mean it is.

IMEs are typically requested by your insurance company, or employer, to help determine the extent of your injury. These examinations are meant to uncover falsified claims by individuals who are misrepresenting their injuries. This is of course an ideal scenario.

The reality is that insurance companies have the power to hire the doctor who will be giving the IME. A doctor who is being paid by the insurance company has a higher likelihood of providing reports and results that will provide the insurer with the results that are favorable to them. These are the sorts of doctors who are typically hired.

This is especially true in the context of long-term disability claims. However, in these sorts of claims, the examinations are no longer called independent, but rather known as Evaluative Medical Examinations.

Who determines the IME policy?

The provisions related to the IME are governed by your policy. These provisions essentially dictate the insured’s obligation in fulfilling the requirements set by the IME. Typically, these arrangements include:

• Proof of claim or proof of loss
• Cooperation requirements
• The rights of the insurance company to have an IME, functional capacity evaluation, psychological or psychiatric examination take place
• Areas of exclusions and termination rights

As a claimant, it is vital that you are aware of the specific provisions noted in your policy. The scope of your responsibility concerning having an IME may vary as per insurer.

IME Corruption in the News

A New York Times article examined the role of IME doctors and their relationship with the insurance companies that hire them. A review of case files and medical files, as well as interviews with participants, found that IME reports were routinely titled to benefit insurers by minimizing or dismissing injuries.

In one instance noted in the article, an independent examiner known as Dr. Samuels, examined a driver for a plumbing company who had fallen and injured his back, shoulder, and ribs. During the examination, the doctor could be heard calling out test results that seemed to validate the injury - his words even captured on videotape.

However, when it came time to write the IME report, Dr. Samuels had cleared the driver for work and essentially contradicted his initial findings by claiming that the patient had no injury.

Later during an interview, the doctor says, “If you did a truly pure report you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”

What You Should Do Before an IME

Before following through with an IME, there are some vital steps that you can take to ensure there is a legitimacy to the procedure:

1. If you have an own-occupation policy, make sure that the doctor performing the evaluation is aware of your job duties—both physical and mental demands. This will help to ensure that the doctor is determining if you are limited in or prevented from performing these responsibilities.

2. Make sure that the physician providing the examination has all of your medical records on hand, as well as objective evaluations that detail the deterioration of your condition. It’s also important that the doctor chosen for the IME is specialized in the area where you have an injury.

3. Consider obtaining a qualified lawyer who can help you obtain information about the doctor beforehand. Insurance companies will often hire disreputable independent examiners and there may be information available through various legal searches, internet searches, and shared information networks that can help you to know what you are dealing with.

Don’t let an Independent Medical Examination get in the way of your rights and just due. The bad faith attorneys of Millin & Millin can help.

Sadly, insurance companies may make it difficult for you to obtain the compensation you deserve. With shady doctors on their side, it can be a daunting experiencing to deal with.

At Millin & Millin, our job is to fight for you when your insurance claim has been illegitimately denied. Our experienced bad faith attorneys know just how to make insurance companies pay  for their wrongful conduct. We can make them pay your claim, attorney’s fees, and other punitive damages.

Contact us today at (956) 631-5600 for a free case evaluation.

The attorneys at Millin & Millin understand that construction litigation can be a costly and time-consuming issue for you as a contractor, builder, or developer. Whether you are a General Contractor or a Subcontractor, liabilities laws that can still come into effect after years, can mean unexpected lawsuits for mistakes you aren’t even responsible for.

In the state of Texas, an action for damages against a person who constructs/repairs an improvement must be brought within 10 years of substantial completion. If the claimant presents a written claim for damages during the 10-year period, the period is extended for two years from the date of the claim. If injury occurs during the 10th year, the claimant may bring suit up to two years after the day the cause of action accrues. TEX. CIV. PRAC. & REM. CODE ANN. §16.009.

Lawsuits vary from deviations from the building code, to issues with architectural or engineering plans, and on to defective materials or products sold to you by others. Unfortunately, suits against your company can emerge from a number of sources, so you need to be proactive in your fight against construction defect lawsuits.

This also means that the cost of doing business has increased. Insurance costs have grown from anywhere between 15 to 50 percent, with many insurers canceling all their contractor customers.

As a contractor, you’ll want to take the necessary steps to avoid liability issues. Our team at Millin & Millin has the knowledge and experience to thoroughly represent you in your construction litigation needs, but our best advice can be to try and avoid construction litigation in its entirety.

Consider the following guidelines to protect yourself from disputes:

1. The most effective advice is simply to build the project right the first time. Do not attempt to shorten project length by cutting corners—you only jeopardize the project and risk litigation further down the line.

2. Make sure that potential customers see examples of your work before you begin their assignment.

3. Written contracts are essential; surprisingly, one of the biggest causes of homeowner-contractor disputes is a lack of a written contract or an improperly developed contract. Your time and money will be well spent on obtaining the assistance of a law firm like Millin & Millin to help you develop a contract. In fact, once this contact has been created, you can continue to utilize it as a template.

4. Prior to initiating construction, ensure that you and your client have worked out all of the details. From work to be performed to payment schedules, on to expectations for when the project will start and tentative finish dates. Finalizing these details will help with the development of the previously mentioned contract.

5. Before construction begins, make sure you know what building permits will be required and take them out in a timely manner. Only do work after the permit has been issued.

6. It is an industry best practice to put everything down in writing. One example is to create a list of “allowance items” and the allotted amount for the items. This will help you to create a budget for items that have not yet been selected. If a particular item exceeds the allowance then it is the responsibility of the client to pay the additional amount.

7. If there are any changes to the contract then make sure to put those in writing as well and have every party involved signed off. Never change anything on the project without the approval and signature of your customer.

8. Another vital detail to record is the type of materials that you are utilizing for construction and the expectation of that material. Customers may request for you to use a material of lesser quality to complete the project, but this can ultimately lead to construction defects and a lawsuit. If the customer wants a change in the materials used, have them sign off on this, and record the change. Customers wanting to save money doesn’t always equate to a better deal for you.

9. Again, always record and retain project records. Include photos, video, legal paperwork, documents from visits, and notes from conversations with the clients for at least 10 years.

10. Stay informed about products that are being used in the construction project. By keeping up-to-date on reports of these problem materials, you can avoid lawsuits further down the road. Certain newer materials are prone to mold and can be extremely expensive to repair. Insurance claims are in the millions for issues of this nature.

11. Make sure engineers you are working with sign off on your plans and ensure that they have professional liability insurance. You should also be capable of obtaining a certificate of insurance from the firm.

12. Ensure that every subcontractor is insured and obtain a certificate of insurance from them every year that the project continues. You should also make sure that you also named as an additional insured. Check to make sure that their liabilities are the same as yours. Failure to do so can mean your insurance company pays for the damage the subcontractor did.

13. It is in your own best interest to evaluate the exposures in contractual agreements you may have with other contractors. Unfortunately, not everyone blames a fair game.

14. Ensure that every employee is properly trained.

15. Always make sure that all work is done to code, as any slip on your behalf (even if requested by the client) means you are still liable.

16. Continuous on-site supervision is essential. Document these visits and have a checklist of where the project is and what needs to be completed. Notify your client immediately about any delays and explain to them the processes you are taking to handle the issues.

17. Maintain good communication with your client throughout the project. Answer calls and emails in timely-manner, as failing to do so will only lead to a frustrated and angry customer who may be more liable to sue.

18. A healthy cash flow is vital for any project to get the construction going.
19. Do a walkthrough of the final product and create a checklist of any corrections that need to be made. This is an excellent manner to maintain healthy relationships with your customers.

Millin & Millin is a law firm that you can trust with your construction-related disputes.

If you have done your job directly, there’s no reason you should be concerned about an unnecessary lawsuit against you. Do not let a construction-related dispute become a burden in your life.

Contact our McAllen offices today at (956) 631-5600 for a free case evaluation.

The attorneys at Millin & Millin understand that the process of filing for long-term disability insurance can be complicated. Insurers will expect a lot from claimants and will often deny a claim because of a small mistake in the filing process.

There are quite a few things that you should be aware of to ensure that you have a viable claim that won’t get rejected by your insurer.

Consider the following tips to help you through the process when filing a disability insurance claim:

Be honest on all your claim forms.

Failing to answer each question truthfully and factually can lead to a denial of benefits. Insurers will purposely seek out omitted info or misinformation on your forms and call it fraud. Insurance companies can effectively claim that you misrepresented yourself by not fully disclosing medical or financial information.

Insurance claim forms can be complicated and difficult to get through. Questions may be misleading and you may feel uncertain as to what sort of information you should include. Contact our lawyers at Millin & Millin for a free consultation and to get information on what you should include in the forms.

Keep copies of all correspondence with your insurer.

You’ll want to keep detailed notes of every phone call and document every interaction with your insurance company. Mark down who you spoke with, the date, time, what the call was about, and anything you received from them or sent to them. You will want a paper trail in this scenario to prove your claim.

Respond to your insurance company in writing.

Insurance companies will usually attempt to contact and communicate with you over the phone. Unfortunately, verbal answers can easily be skewed and used against you in your claim. Instead, try your best to respond to all claim-related questions in writing. This will help to keep things clear and does not allow your insurer to purposely misinterpret your words.

Maintain your medical treatment and communicate regularly with your physician.

If you are filing a disability claim, it’s because you have been injured. Naturally, you should be receiving medical care for your needs, especially if they are debilitating. Failing to attend your regular treatment appointments can have a substantially negative effect on your claim. It is absolutely vital that you follow doctor’s orders and maintain complete medical records.

When meeting with your doctor, or any specialist that may be treating you, make sure to gather relevant information from them including:

• The date you became unable to work
• List of physical and cognitive restrictions that inhibit you from working
• Outline of your diagnosis and treatment plan
• Relevant documents (i.e. x-rays, scans, etc.)

If there is a gap in your treatment, document them and make sure to have a proper explanation. Be aware that any inconsistency in your treatment plan can be viewed in an unfavorable light. Ultimately, the more medical information and records that you can gather, the more you can support your claim.

What you say to your insurer can be used against you.

There is nothing you say to your insurer (or their reps) that is considered “off the record.” You will want to carefully choose your words when communicating with the insurance company, as a misinterpreted phrase, or seemingly innocent remark can be utilized to delay or deny your claim. Do not offer unnecessary personal information to your insurer and make sure to give only factual, straightforward answers.

Respond quickly to all requests from your insurance company.

Failing to effectively respond to your insurers requests for more medical, vocational, or financial information can cause delays in the claims process. Because long-term disabilities claims often take a lengthy amount of time to resolve, meeting these requests quickly will help to shorten the process of an already long and winded process.

This also relates to deadlines. Most policies will have strict time frames for filing a claim. Failing to meet these deadlines usually results in a denial of benefits. It’s also important to be aware that insurance companies often utilize unreasonable time limits as a bad faith insurance tactic. Pay close attention to these deadlines and contact your team at Millin & Millin if you have reason to believe that your insurer is acting in bad faith.

Millin & Millin Are Your #1 Advocates

If after several attempts to negotiate a disability insurance claim effectively, your insurance company continues to act in a malicious manner, contact Millin & Millin immediately at (956) 631-5600. We service the entire McAllen-Edinburg-Mission metro area as well as the greater Rio Grande Valley metropolitan.

Insurance companies are in the business of denying claims, Millin & Millin doesn’t take no for an answer. Our experienced lawyers have the know-how to deal with any insurance company—big or small—and we will fight for your rights if they have acted in bad faith.

After suffering a loss covered by your home insurance policy, you may make some assumptions about what is owed to you. But did you know your home insurance policy may entitle to you to one of two different insurance benefits?

Depending on the type of policy you have, you may receive either actual cash value (ACV) reimbursement or recoverable cash value (also known as replacement costs) benefits. Understanding the differences between these two, and recognizing what sort of policy you have, is going to be fundamental to understanding your situation should you have to make a home insurance claim.

It’s also important to realize that the goal of your insurance company is to pay out the lowest amount legally possible—if you allow them to. Most insurance companies will offer greatly depreciated values on your property and insured items. If you feel like your insurance company is not acting in your best interest, and are purposely making the claims process challenging, you may be the victim of bad faith insurance tactics.

The bad faith insurance attorneys of Millin & Millin have the understanding and experience to effectively advocate for clients who have become involved in a legal situation with their insurer. We also want to ensure that individuals have a general understanding of important insurance concepts so that they can better defend themselves from the unlawful actions of the insurance industry.

What is actual cash value (ACV)?

ACV refers to the value of your property, generally set as the fair market value, as well as any depreciation, changes in property value, and upgrades you may have made to improve the value of your property.

Receiving ACV can help to cover some of the damages to your house, but because an ACV insurance policy takes into account depreciation, you will not be reimbursed the total actual costs of rebuilding. Depreciation is a deduction based on the age of the property, and the useful life of the home, which is an estimate of the number of years an asset is likely to remain in service for the purpose of cost-effective revenue generation.

What this means for you is that with an ACV policy, you will need to pay for some of the rebuilding expenses out of your own pocket, or you will need to buy a new home.

What is recoverable cash value (RCV)?

RCV, also known as replacement costs, means your home insurance policy will pay out the cost to rebuild your home after a total loss, rather than just a portion like ACV. Replacement costs will usually exceed actual cash value, but will never exceed those on your policy’s limits.

What’s the difference between ACV and RCV?

The difference is whether or not depreciation is covered in the policy. When your property suffers damage, your insurance company must pay you an indemnity, which is the payment for the loss to the insured to make the property complete again. An indemnity payment is only required to recover the insured’s loss—it should give the individual a profit.

With an RCV policy, in order to recover the total loss and depreciation, your insurance company will request that you provide them with additional information in order to prove the total costs.

Unfortunately, many individuals with an RCV policy will make the assumption that the insurance company will pay them for the entire loss up front. Remember, however, that additional information—such as receipts, invoices, and inspections—will be needed before the insurer will pay the recoverable depreciation costs.

If you aren’t sure what type of home insurance policy you have or what reimbursement type is applicable to your situation, the read over your policy once again. You can also reach out to your insurance company or agent for additional guidance.

Which insurance policy is best for me?

When shopping for home insurance policies, it’s vital to understand your own needs and expectations. Be aware that ACV insurance policies are going to be cheaper than RCV insurance policies.

The downside of course, is that ACV policies will not recover depreciation costs, which can account for a hefty amount of a home’s value. Do you want lower premiums and risk a lower payout? Are you able to afford more for a potentially large payout?

Speak with your insurance agent, and do a bit of research, to decide which type of home insurance policy is best for you.

What can I do if my insurance company is greatly depreciating my property?

One of the first steps you can take to fight against an insurance agency is to hire a public adjuster to do their own inspection and investigation. This can help to lower depreciation and raise your ACV. Hopefully a public adjuster can get you the amount you are legally entitled too.

If your insurance still will not budge, are taking excessively long to provide you a reimbursement, are asking for an unreasonable amount of paperwork, or are simply avoiding your questions and requests, then you may be the victim of bad faith insurance.

Every insurance company owes it to their policyholders to act in good faith. When an insured individual has been involved in a circumstance that directly affects his or her way of life, and is rightfully covered by their policy, it is the duty of the insurer to act in a manner that helps to diminish unexpected financial burdens.

If you find that your claim was rejected even after attempting to come to an honest agreement, then do not hesitate to contact the attorneys at Millin & Millin.

Our litigators have advocated for McAllen metro residents who have had to deal with bad faith insurance tactics. Our attorneys possess superior experience and the necessary knowledge to bring forth an exceptional case.

Contact us at (956) 631-5600 for a free consultation.

After filing an insurance claim, most families will expect their insurer to act in good faith. As a policyholder, it’s natural to expect the process to work in your favor, especially when you have maintained a solid payment record. When an individual has been involved in a situation that affects their way of life, compensation may be needed immediately to diminish unexpected financial burdens.

Unfortunately, insurance companies do not always act in the best interests of their policyholders, and they use bad faith techniques to diminish the payout or completely reject the claim on illegal grounds.

But you can fight it.

The bad faith insurance lawyers of Millin & Millin want to ensure that you have the necessary knowledge to protect yourself from the unacceptable actions of your insurer. What follows are some of the most frequently asked questions about insurance bad faith.

• What is insurance bad faith?
• What type of insurance policies can be affected by bad faith tactics?
• What are some of the common “bad faith” claims that are made?
• What if my insurer says my claim is not covered under my policy?
• What is a first party insurance claim? And what is a third party insurance claim?
• How do insurance companies deal with insurance claims?
• How do I know if my insurance company acted in bad faith?
• How do I know if I have grounds for a case?
• What sort of compensation can I win in a bad faith lawsuit.
• What are the deadlines set by the Texas Insurance Code?
• Do I need an attorney to represent my bad faith claim?

The team of attorneys at Millin & Millin have the experience, knowledge, and ability to represent individuals, businesses, and property owners in the Rio Grande Valley against all the major insurance companies. Millin & Millin has secured tens of millions of dollars in unpaid benefits for clients. From health, life, home, and auto, our attorneys are effective and swift.

Contact us today at (956) 631-5600 for a free case evaluation and to find out how we can help you with your bad faith insurance claim.

During the holiday season, accidental fires tend to occur more frequently because of various reasons: Christmas trees catching ablaze, bad wiring on Christmas lights igniting, electric blankets malfunctioning, or electrical space heaters being placed too close to fire hazards.

When a family faces a catastrophic event like a house fire, the stress added on by insurance companies acting in bad faith can be downright deplorable. In the aftermath of such a misfortune, your family will expect to file an insurance claim and quickly receive compensation for the damage done to their home - this isn’t always the case.

The attorney’s of Millin & Millin are here to help you fight against insurers who are acting in bad faith and making it hard to receive payout for your legitimate home fire claim. It’s important to realize that it is not uncommon that insurers practice in bad faith, but also that you can oppose their illegitimate denials.

If you should find yourself filing a fire insurance claim, then pay attention to some of the common warning signs that your insurer is seeking to act in bad faith. By being familiar with these tactics used by insurance companies, you can know when it’s time to challenge them.

[bctt tweet="Fire insurance claim? Bad faith insurer? Millin & Millin will fight for you. #bad #faith #tactics #MillinMillin #mcallen #fire #claim" via="no"]

Tactic #1 - Your insurer will claim that you do not have an active policy.

One of the first bad faith tactics that insurers will resort to, this sort of behavior generally means they are looking to deny your claim. This type of practice is known as post-claim underwriting and includes insurers alleging that you missed a payment or did not renew your policy when it expired.

As a policyholder, you need to remember that:

• As long as insurers have been receiving timely payments, and have not informed you that you no longer have a policy, then you can fairly assume that you have active coverage.

In these sorts of scenarios, you’ll have to prove that you do indeed have an active policy. Bank statements showing timely monthly payments can be a crucial piece of evidence.

Tactic #2 - Your insurer says you policy doesn’t cover fire damage.

Insurers may claim that while you do have an active policy with them, it does not specifically cover damage associated with a fire claim. That’s why it is essential that at the time of purchase, you have a clear understanding that coverage does indeed extend to fire claims. You’ll also want to read through the insurance policy to make sure that fire damage protection is mentioned.

If your policy does cover the damage mentioned in the claim, then you’ll likely need the support of an experienced legal team to help you fight the insurer’s bad faith tactics. Millin & Millin can help you get the full compensation that you legally deserve.

[bctt tweet="Bad Faith Tactic #2 - Your insurer says you policy doesn’t cover fire damage. #fight" via="no"]

Tactic #3 - The insurance adjuster is dragging out the investigation.

After any insurance claim, an insurance company will utilize their own adjusters to investigate. In the case of a fire, adjusters will usually determine:

• The cause of the fire
• Assess fault
• Calculate the cost of the damages

While these investigations can generally take some time to complete (especially when other parties are involved), the decision on your claim should occur within a reasonable timeframe. In the state of Texas, the acknowledgment must come within 15 days, and approval or denial of the claim within 15 days after receipt of all requested information. The insurance company has the option of extending the time for up to 45 days if it offers an explanation for the extension.

If you have not received any information, or a claim approval or denial in a timely manner, then this can be a red flag that the insurer is purposely prolonging the investigation to frustrate you into accepting a settlement that is far less than the claim is actually worth.

Tactic #4 - Placing blame on you.

During the investigation, the insurance adjuster should be able to find a reasonable cause for the fire. However, your insurance company may attempt to claim your negligence caused the accident or damage.

If your fire insurance claim is denied on this basis, it is vital that you hire a lawyer that can defend your rights and challenge the insurer. In the case of a fire, there are often a number of parties (including fire departments, police departments, and public adjusters) that can provide evidence on your behalf. An effective law team can ensure that you receive this assistance and will guide you through the process to help you obtain the full amount you are entitled to.

[bctt tweet="Bad Faith Tactic #4 - Placing blame on you. #not #your #fault" via="no"]

Tactic #5 - Your insurer claims damage mentioned in the claim predated the fire.

An insurer may use this bad faith practice to allege that some (or even all) of the damage existed prior to the fire. By using this tactic, your insurer is attempting to avoid paying your claim in its entirety.

In order to effectively oppose this, it is vital to keep insurance logs and home maintenance records. It’s always a good idea to take pictures of your home’s structure, so as to have evidence of how the house looked prior to sustaining any natural or accidental damages.

Don’t let the bad faith tactics of your insurer scare you from obtaining your just due.

Even the most vigilant, safest family has accidents. 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 Millin & Millin legal team to get the justice you deserve. Contact us today at (956) 631-5600 to get the legal representation you need to 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.

Fire Damage

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:

• Heating equipment fires accounted for 16% of all reported home fires from 2009-2013.
• Space heaters were the heating equipment often involved in home heating fires, accounting for 84% of associated civilian deaths, 75% of civilian injuries, and 52% of direct property damage.

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.

Roof Damage

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:

• Be careful what you clean up. Accidently removing the evidence that caused the damage can put you in a situation where it’s your word against the adjusters.
• If you have to move something to “mitigate loss” then take lots of photos before doing so. You’ll want to take lots of pictures to document the damage and strengthen your case in a dispute.
• Document any damage caused by the actions or negligence of another person. You’ll want their name, contact information, insurance company name, and policy number.

If your insurance company avoids paying you out, and it doesn’t seem fair, it probably isn’t.

Water Damage

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.

Winter damage insurance claim denied? Contact the bad faith attorneys at Millin & Millin to fight for your rights.

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.

The holiday season is one of the most joyful times of the year; there’s family, friends, food, and a festive spirit that makes the whole time of the year seem like one giant celebration. However, a day of celebration can quickly turn into a moment of tragedy, especially if you or a loved one are involved in an auto accident.

Whether traveling to visit family, or simply enjoying the evening at a friend’s holiday celebration, it’s important to remain diligent on the road. Unfortunately, during the holiday season, 2 to 3 times more people die in alcohol-related crashes, with 40% of traffic fatalities involving a driver impaired by alcohol. There are, however, a few things that you can do in order to improve your safety and that of your family’s as well.

Bad faith insurance lawyers Millin & Millin want to ensure you have a holiday season that you will remember for years to come. Consider the following safety tips when you are out on the road.

Tips for Traveling Out-of-Town

The safety of you and your family should be number one on your list this year as you travel to-and-fro to visit relatives. Stay safe with these tips:

• Service your car. Before a long drive you are going to want to make sure that your car is in tip-top shape. Check your tires, change your oil, check your heating/cooling systems, and make sure that your vehicle can handle the trip.
• Prepare for an emergency. Winter weather, even in Texas, can mean long lines and dangerous road conditions. Make sure to prepare an emergency kit with blankets, a flashlight, a first aid kit, extra clothes, and some food.
• Prepare yourself. Make sure to get a goodnight’s rest before a long drive and plan to take regular breaks to avoid fatigue that can easily lead to wreck.
• Do not drink and drive. This is a simple rule to follow and one of the most important. If you plan on stopping for some food and a drink, then do not plan on driving afterwards.
• Make sure children are properly buckled. Small children should be seated in a appropriate child seat and should not be allowed to walk around the vehicle while traveling.
• Traveling with pets? Make sure your pets are restrained for everybody’s safety.

Maintain Good Driving Techniques During the Holidays

While the holiday season is a time of joy and relaxation for many, it can also be quite chaotic and frenzied because of all the traveling and holiday shopping that takes place. While it’s easy to get flustered by all the aggressive drivers, make sure to maintain good driving techniques yourself. Follow these good driving techniques to ensure safe travel:

• Leave some distance between your car and the car in front. Yes, the holiday season can make you rush, but it’s vital to leave some distance between yourself and the other drivers on the road. Maintain at least a 3-second gap between you and the car in front of you. If it’s raining or foggy, then double that distance to 6-seconds. Getting to your destination safe is much more important than getting there quickly.
• Use your turn signals when changing lanes. You’ll always want to provide other motorists around you a warning about your actions. Make sure to use your turning signals when turning or changing lanes to provide others an adequate notice; otherwise you might just cause an accident.
• Keep right unless overtaking. Highways throughout Texas indicate that slower vehicles should stay on the right lane and passing vehicles should use the left to overtake. Make sure to follow these rules to keep everyone safe on the road.
• Do not cut off other drivers. If you are planning on overtaking another vehicle make sure you have enough room to get past them. Never cut off another driver as this can cause them to veer of the road and can result in a serious crash.
• Expect the unexpected. You’ll want to make sure to maintain your focus on the road at all times. Allow a passenger to handle GPS duties or change the radio station for you. Also, follow traffic signs and speed limits as rushing to your destination can quickly lead to tragedy. Last, but not least, don’t assume other drivers are following the same rules as you and be sure to drive cautiously.
• Be extra mindful when driving at night. Nighttime driving requires more skill and concentration because of restricted vision. Oncoming headlights can make it difficult to see ahead and pedestrians can be nearly invisible until you are up close to them. Make sure to drive slower at night and leave a bigger gap between you and the car in front of you in comparison to driving during the day.
• Stay calm. Road rage is very real, and can lead to inappropriate driving behavior, especially during the holiday season. Stay relaxed while behind the wheel and don’t let another driver’s mistakes get you angry. One bad judgment on your end can mean a horrific accident.
• Be cautious in parking lots. Parking lots are full of pedestrians who may not be paying attention to the cars around them. As a motorist, it’s your responsibility to ensure their safety (even if they aren’t being responsible themselves). Double check when reversing and don’t assume pedestrians notice your movements.

Safety Tips for that Holiday Party

Holiday parties usually include a bit of alcohol. Sadly, The National Institute of Alcohol Abuse and Addiction states that between Thanksgiving and New Year’s Day, 1200 people will be killed and 25000 will be injured in traffic accidents caused by alcohol. Consider the following safety tips to enjoy time with your friends and family and get home safely.

• Determine, prior to a celebration, who the designated driver will be. This is one the most effective way to keep friends and family members safe on the road this holiday season. Consider giving your designated driver a token of appreciation for their kind gesture. If you are the designated driver, be responsible, and do not have even have one drink.
• Use public transportation if need be. If having a designated driver doesn’t seem like a viable option, then consider using public transportation, a cab, or a service like Uber to get you home safely.
• Don’t forget to eat. Drinking on an empty stomach can cause a person to become intoxicated much faster. Eating at a holiday get together will encourage you to drink more moderately and will help to slow down the effects of alcohol in your system.
• Stay off the road between midnight and 3AM. Research from the US Department of Transportation indicates that this is when drunk driving accidents are more likely to occur.

You don’t have to be drunk to be affected by alcohol. You may feel normal, but nobody drives well after a drink.

Your team of attorneys at Millin & Millin wants you to take this list and check it twice - and stay safe on the road this holiday season.

The winter holidays are some of the best days of the year because we get to enjoy time with our loved ones in a festive environment. That why our lawyers at Millin & Millin want you to share this information with friends and family to ensure you stay safe during these busy days.

However, if you are involved in an auto accident, and are dealing with bad faith practices from your insurer, then do not hesitate to contact us at (956) 631-5600.

 

‘Tis the season to be jolly, but if you’re unfortunate, the holiday season can also mean personal injury. Every year, thousands of people end up in the hospital because of holiday-related injuries. Whether you’re putting up lights, hanging wreaths, preparing a festive meal, traveling, or just working in wintry weather, you’ll want to be a little bit more cautious and patient, as one bad step can send you to the emergency room.

The attorneys at Millin & Millin, PLLC understand that sometimes accidents happen, but the best way to avoid them is to recognize what steps you can take to keep them from happening.  So take into account the following holiday safety tips to ensure you and your family enjoy a safe and cheerful holiday season.

One of the most commonly reported decorating injuries involves slipping and falling.

With thousands climbing up on roofs and ladders to decorate houses and Christmas trees, it’s no wonder that we sees hundreds of slip and fall injuries during the holiday season. Consider the following safety tips to avoid a horrible accident:

• Don’t take shortcuts and make sure to use the right equipment when decorating.
• Check your ladder for broken steps and loose screws.
• Make sure to place ladders on a stable surface and ensure that they are free of any liquid, ice, or dirt that could make you fall.
• Consider ladder height and the weight of any objects you may be carrying. Loading yourself with heavy items as you try to climb a ladder up to the roof can cause serious bodily damage.
• Wear proper footwear that provides sufficient grip and always make sure shoelaces are securely tied.
• Make sure to keep high-traffic areas free of clutter that can cause falls. Also, be careful with rugs that can cause you to trip, and make sure to clean up any spills to avoid slips and injuries.
• Avoid drinking and decorating (or taking down decorations).

Don’t let holiday travel dampen your holiday cheer.

Traveling means lifting and carrying baggage, but you’ll want to be extra mindful of your body to avoid common neck, back, and shoulder injuries. In fact, these injuries are so common that the Consumer Product Safety Commission reported 75,543 luggage-related injuries in 2013. So as you travel to visit loved ones consider the following tips:

• If possible, pack lightly. Over-stuffed suitcases can easily lead to back injuries, so consider using luggage with wheels.
• If flying, pay extra attention when storing bags in overhead compartments. You can hurt your back trying to lift luggage up or accidentally drop them onto someone when bringing them down. Use your legs to provide support and make sure to push the item in wheels-first.
• If using a backpack, make sure to utilize both shoulder straps. Uneven weight on your shoulders can cause a strain.
• If you are using a duffel bag, consider carrying the back alternately on both shoulders.

Be careful when carving.

Turkey, ham, roast, and pies are all delicious holiday traditions, but they also require knife safety. The American Society for Surgery of Hands reports that hand lacerations are one of the leading causes of holiday injuries, so be wary and take care of those free fingers to avoid a carving injury. Here are some simple tips to remember:

• Always cut away from your body.
• Do not allow young children to carve, cut, or chop.
• Place your free hand on the opposite side of which you are carving.
• Make sure your cutting utensil is properly sharpened. Putting too much force because of a dull blade can cause an injury.
• Make sure your cutting space and utensils are dry to prevent slipping and accidental injury.

An electrical shock is not the holiday surprise you need.

Electrical accidents are common during the holiday season because of the use of Christmas lights. Overloaded outlets and frayed wires can have horrific consequences on an unsuspecting victim, so remember to use the following tips to avoid an electrical shock:

• Check lights and look for cracked cords, loose connections, damaged bulbs, bad sockets and throw away anything that appears in poor condition.
• Don’t over do it. Electrical sockets are only made to handle a certain amount of wattage and pushing them beyond their limit can cause a fire.
• Use holiday decorations that have been tested for safety. LED lights are a great option according to the U.S. Department of Energy.
• Only use hanging lights labeled “exterior use” for outside.
• Make sure to turn off your Christmas lights when you leave the house or fall asleep. Leaving them on not only increases your electric bill, but it can also be a safety hazard.

The attorneys at Millin & Millin want to remind you to have a safe holiday season.

This time of year can be especially hectic with huge to-do-lists that cause safety measures to be overlooked, and even then, sometimes the safest families have accidents.

If you are having to file an insurance claim, it’s likely due to the fact that you just suffered a terrible accident. Having to deal with the bad faith tactics of an insurance company is the last thing you need on your plate during this time. Depend on the responsiveness of the Millin & Millin legal team to get your rightful compensation from deceitful insurers.

Contact us at (956) 631-5600 to get help from the premier bad faith insurance lawyers of the McAllen metro and Rio Grande Valley.