If you’ve been living in Texas for a while, you know just how strong the wind can get. While it may not seem like a weather condition that can do a lot of damage, wind damage claims are the most common seen by homeowners in the U.S.
Continue reading to learn how to file an insurance claim for wind damage and how your bad faith insurance legal team can help.
For most home insurance policies, wind damage is any damage to the structure of your home caused by wind-related weather conditions. These conditions can include rain, thunderstorms, tornadoes, hailstorms, and hurricanes. Your home insurance policy may contain dwelling coverage that can pay for the repair or replacement of damages in your home. It’s important to note that each homeowner's insurance policy may vary depending on the state and insurance company, so you must review your policy before moving forward with a claim.
Because wind can be so unpredictable, the damage it causes to your house can vary in every circumstance. So now that you’re facing wind damage, you may wonder whether your home insurance will cover the damages. While you should always review your policy, the types of wind damage that home insurance may cover include:
Depending on your policy, you may get additional coverage for other damages caused by wind. If you’re unsure about your coverage or how your policy works, don’t be afraid to ask questions to better understand how you’re protected.
If you’ve recently had a severe weather event in your area, you may suspect damage to your home. While you should inspect each area and document any damages, don’t enter areas that could be dangerous to your health and safety. Once you’ve checked the area, take the following steps to file a claim:
Filing a claim can be overwhelming as you attempt to get the proper documentation and evidence for your insurance company. If you’re unsure how to file a claim properly, you may need the assistance of an attorney.
Wind can cause a great deal of damage to your home, leaving you with substantial repair and replacement costs. While your home insurance should cover some of the damages, you may have trouble with the claims process.
If you’re filing a wind damage insurance claim and are unsure what coverage you’ll receive, reach out to your bad faith insurance legal team of Millin & Millin today for a free case evaluation.
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Unfortunately, accidents happen and things don’t always go as planned. An insurance claim that's denied only adds to the frustration of an already difficult situation. People end up in predicaments like this all the time, but why and how?
While some claims are denied in bad faith, there are many reasons why a health insurance claim may be denied with just cause. The bad faith insurance lawyers at Millin & Millin are here to present these key factors so that you’re prepared no matter what.
Though the specific details of each case differ, there are a few reasons frequently cited which can cause someone’s health insurance claim to wind up denied. Let’s explore some of these in greater detail:
Of course, you’re always able to appeal, and the company must cover your medical expenses if you succeed. If bad faith is involved, you may need the help of legal counsel.
Take it from the professional bad faith insurance lawyers at Millin and Millin, it’s vital to know what you’re covered for and why insurance claims are denied. If you’ve been denied in bad faith, reach out to our office to take the first steps to set things right!
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Imagine a scenario in which your insurance claim is denied in bad faith, and the only remaining option is to file a lawsuit. Bad faith insurance lawyers can certainly help you go down this path, but you may have specific questions involving compensation for damages.
Many individuals in this type of situation may ask themselves, “What kinds of damages could be recovered in a bad faith insurance lawsuit?”
At Millin and Millin, we have years of experience handling insurance-related lawsuits and know exactly how to approach demanding legal situations. We understand all the various types of damages that can be accounted for in lawsuits and how to best recoup your losses.
Let’s examine a general guide on what damages may be recovered through legal action.
Generally, courts will calculate what damages are “worth” based on the losses of the plaintiff, which can range from a variety of costs. Sometimes, these charges relate to non-tangible aspects, such as emotional distress as opposed to loss of physical assets.
These are some of the damages a plaintiff can recover from a bad faith insurance lawsuit:
Additionally, there may be cases where the courts will call for punitive damages to be paid, which serve to discipline the defendant rather than aid the plaintiff. Because there’s a tall requirement for a plaintiff to get back punitive damages, this usually occurs only when the insurance company is grossly out-of-line or behaving intentionally malicious.
Courts will also consider a company’s overall wealth when they make judgments against them. This particular action works as a further deterrent to make sure the insurance company behaves ethically in the future.
It can be overwhelming when you try to understand the complexities of lawsuits regarding bad faith, but that’s why the experienced bad faith insurance lawyers at Millin and Millin are here to help. We want you to feel prepared and know the types of damages you may recover if your insurance claim is denied in bad faith!
At some point in life, you will likely have to enter into an agreement with an insurance company whether it be for healthcare, a home or office, or a car. The concept is fairly simple – you purchase a policy to cover any losses in exchange for a monthly premium. If you receive a note from your insurer stating “insurance claim denied” despite you complying with your contract, you may be the victim of bad faith insurance tactics.
The bad faith insurance lawyers at Millin and Millin focus on these cases of bad faith and can help you when you need it most!
Before you seek legal counsel, it is important to not only review your insurance policy but also understand what “bad faith” practices are. While there is no strict definition, “bad faith” is when an insurance company behaves unfairly or unreasonably to a policyholder.
Common instances where an insurer may be acting in bad faith include:
If you read the above scenarios and felt one or more seem familiar, then you may have been taken advantage of by your insurance provider. Don’t fret, as Millin and Millin is a firm with highly-qualified and knowledgeable bad faith insurance lawyers.
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.
There’s no denying that insurance coverage and insurance claims can be frustratingly complex and confusing. Unfortunately, this is especially true of cases in which a person needs to sue their own insurer.
Even seemingly simple questions, like where to file your suit, can lead to complicated and unclear answers.
Still, if you had an insurance claim denied for a loss that should have been covered by your policy, then you may need to sue in order to get the compensation you are owed. Today, your compassionate McAllen bad faith insurance attorneys at Millin & Millin will help you determine if, how, and where you need to file a suit against your insurance agency.
Federal vs. State Court
Deciding where to file your bad faith insurance lawsuit can be quite complicated. First of all, you will need to choose whether to file in state or federal court. While there are many differences between filing in these venues, one key difference is the relative restriction on discovery in federal court. In a state court, an insurance company may be forced to reveal more about their claim file relative to a federal court.
It’s worth noting that state and federal procedures often contradict each other, meaning that picking between the two will likely depend on the specifics of your case and the evidence available.
Determining Jurisdiction
You must file your suit in a court that has jurisdiction over your insurance company. Given the massive physical network that comprises most major insurers, finding out which court has jurisdiction may not be simple. In order to show that the court you plan to file in has jurisdiction over your insurer, you will need to prove either general personal jurisdiction or specific personal jurisdiction.
‘Personal jurisdiction’ alone just means the power to cause a person to appear in court and the power to pass judgement on that individual. This differs from ‘subject matter jurisdiction’ which is based on a court’s ability to assess certain types of cases, but not their ability to pass judgement on the parties involved in those cases.
If a court has general personal jurisdiction over a party, that means that the party has a “home” within the court’s area. For human individuals, this literally means their home. However, for businesses, that “home” is located at the business’ principal place of business in the state where it was incorporated. This is usually the same as the business’ headquarters.
Next, if a court has specific personal jurisdiction over an individual, that means that the individual committed the offense of which they are accused within the court’s area. This means that if a person who lives in Georgia assaults you in Texas, you can sue in either Georgia or Texas.
In regards to insurance companies, you may be able to file a bad faith insurance suit in the state where the “breach” actually happened, a.k.a. the state where the insured person or property is. Regardless, you will have to prove that the offense occurred within the state, a process which can actually differ from state to state.
Filing a McAllen Bad Faith Insurance Claim With the Help of Millin & Millin
With that being said, finding out where to file a bad faith insurance lawsuit isn’t a straightforward process. Determining which court will be most advantageous to your case requires knowledge of all of the possible venues and the relative strengths of each.
An experienced McAllen bad faith insurance attorney at Millin & Millin can help you fight for your rights to coverage and compensation.
If you feel your insurance company has wrongfully denied your claim, reach out to the McAllen bad faith insurance lawyers at Millin & Millin today for help determining the best path forward.
The pandemic has affected all of us in a wide variety of ways, few of them good. Along with the wave of harmful events that affected businesses and individuals alike came a wave of insurance claims related to that harm. Unfortunately, proving your right to compensation can be difficult, and insurance companies will often do what they can to minimize or outright deny you what you’re owed.
Because of this, it’s important for all Texans to know their rights and what they can do if those rights are challenged. Today, your committed McAllen bad faith insurance attorneys at Millin & Millin will explain how knowing your rights is the first step in protecting yourself.
The legal rights that each of us has in the U.S. are complex and varied, but one major component is our ability to seek damages for harm inflicted upon us. This includes instances such as suing for car accident damages or damages caused by a crime, while also including harm caused by negligence rather than direct action. Negligent harm occurs when an entity fails to fulfill its obligation to keep you reasonably safe.
There are many entities that owe you a guarantee of safety. Each time you enter a grocery store or walk through a parking garage, the owners of those properties are responsible for taking action to protect you from foreseeable harm. This includes using cameras, keeping floors clean, and providing adequate lighting.
You can also be a victim of harm when an entity sells you a faulty product or drug. In these cases, the seller has a responsibility to provide you a reasonably safe product. If they fail to do so, then you have the right to seek damages for any harm that you suffer as a result of using their defective product.
While the aforementioned rights laid out primarily deal with physical injuries, you also have rights related to your property. Some of these rights are directly related to the examples above. For instance, property damage might be included in car accident compensation along with compensation for medical expenses.
In most cases, the compensation awarded to victims comes from an insurance claim, but those claims are usually made with the insurance company of the at-fault party. For example, if someone else causes your car accident, their insurance policy is meant to cover the damages. Similarly, if you are injured in a place of business, the insurance policy of the business owner should cover your costs.
However, there are other insurance claims that you will need to make under your own policies. These claims include claims for business interruption, property damage, and other types of business-related harm covered under your specific policy.
You have the right to make a claim against any type of damage covered in your insurance policy. Unfortunately, your insurance company may attempt to stall, mislead, or flat-out lie to you in order to avoid paying what they owe. In that case, you have the right to seek the assistance of a bad faith insurance lawyer to help you hold your insurance company accountable.
In many of the cases laid out above, getting the compensation you need comes down to whether or not the insurance company involved is going to act fairly. Because of this, it’s important that consumers and business owners have access to the legal representation of bad faith insurance attorneys.
Whether your house burned down or your business closed, you’re probably going to be making an insurance claim. If you feel that your insurance company is treating you unfairly or refusing to pay what you are owed, reach out to the McAllen bad faith insurance attorneys of Millin & Millin for help fighting back.
While most business owners are probably familiar with the more common types of insurance claims, they may be at a loss when it comes to seeking coverage for more rare types of damage. After a year like 2020, business owners are probably dealing with some pretty rare kinds of losses.
Thankfully, those losses may be covered by a civil authority clause.
While a civil authority clause may offer coverage for losses caused by coronavirus restrictions, making a successful claim under this provision can be difficult, partially due to coronavirus claims being a new type of claim without clear precedents. Because of this, insurance companies may attempt to deny these claims using bad faith tactics.
Today, your McAllen bad faith insurance lawyers at Millin & Millin will go in depth regarding what you should know about civil authority coverage.
A civil authority clause is a provision of some business interruption insurance policies meant to protect the policyholder from the financial damage caused by a closure that was a result of orders made by a government official or other civil authority.
Essentially, if your business is closed after the government has prohibited access due to a natural disaster, you may be able to file an insurance claim under a civil authority clause.
It’s worth remembering that, under these forms of clauses, coverage is offered based on damage done to property other than the insured property itself. This means that if your store was damaged by a hurricane, you probably wouldn’t file a civil authority claim. However, if the hurricane caused damage to the road that once gave access to your business and authorities declared access to the affected area prohibited, then you may be able to make a civil authority claim.
A local or state government or other civil authority may order evictions or prohibit access to regions for many different reasons. A civil authority clause may include these, as well as a few other types of damages:
Keep in mind that not every civil authority clause will cover all of these types of closures. Insurance companies will use the specific language in your policy in an effort to argue against your claim.
If your civil authority closure business interruption claim has been denied, you may want to speak to a bad faith insurance attorney to determine whether or not your claim was wrongfully rejected.
Due to the relative unfamiliarity of coronavirus-related business interruption claims, certain insurers have used bad faith tactics to deny rightful coverage. Nevertheless, there are also ways that these claims can be denied that don’t necessarily constitute bad faith:
This list of possible denial justifications is non-exhaustive, and just because your insurer is using one of these arguments doesn’t mean that they are in the right to do so. If you have any reason to believe that your business interruption claim was wrongfully denied, reach out to the bad faith insurance attorneys of Millin & Millin for an argument that stands strong in your favor.
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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.
COVID-19 has monumentally shifted how the world does business, putting a great deal of small business owners in financial hardship. While the government has given small businesses and large corporations some monetary relief, the case still stands that business owners are living through a time of great financial turmoil.
Business interruption insurance might be the only form of survival throughout this time of slowed business. Unfortunately, some insurance providers have taken measures to prevent businesses from getting the assistance they most definitely deserve.
But there is still hope. The trusted team at Millin & Millin is willing to work tirelessly to fight for your rights during these (financially) trying times, and guide you through all there is to know about business interruption insurance claims.
Business interruption insurance is a crucial topic throughout this pandemic. Many business owners have been forced to close down operations, causing detrimental losses for many businesses across the US.
There are several aspects that determine whether or not you will be able to obtain financial aid through your business interruption policy. Factors that will affect eligibility may include the state where the policy is located, the type of business covered, and whether the policy-holder is a franchisee or franchisor.
Business interruption insurance is meant to protect business owners against financial strain in times when going about normal business isn’t possible. Usually, a business interruption insurance policy is established to handle costs including lost revenue, daily expenses, rent bills, and other financial losses.
Business interruption insurance can offer relief for numerous unprecedented situations. Certain companies have claimed coverage for cybersecurity breaches, while others have received aid upon product recalls.
Unfortunately, lots of insurance providers have found ways to deny valid claims made by policyholders, but you don’t have to accept this as your final determination. The court system is designed to protect policy owners from unjust treatment by insurers.
Note that before you can get any sort of financial recovery aid, you have to initiate a claim.
The first thing you’ll need to do is verify whether your business qualifies. You can begin this process by seeking a copy of your current business insurance policy and declaration page. Your insurance agent or a lawyer can assist you with this, as the language and wording in your policy can be quite complicated. It’s possible that your policy might include additional contingent coverage for diseases like COVID-19.
Once that’s settled, you can then file a claim, and keep track of deadlines. Timing matters when handling insurance claims, and whether your policy’s time frame calls for 60, 90, or 180-day claim notice, you’ll have to work within these time frames.
Calling or emailing your insurance provider is a great place to start with the claims process.
To present your claim for consideration, you must carefully examine the damage you’ve suffered and document those losses. These include loss of sales, extra expenses such as payroll, rent, materials, and replacement inventory. Make sure to also take note of sales trends and business cycles to concisely demonstrate coronavirus-related losses.
Other factors you’ll have to look into in this time are periods for restoration, along with your attempts to subsidize losses. By keeping all the necessary documents and remaining in touch with your insurance provider, you may give yourself a fair shot at securing coverage.
If for whatever reason your claims are still rejected, there are other approaches toward recovery aid.
If you believe you’re entitled to financial recovery due to COVID-19, the team at Millin & Millin can help.
Our well-versed insurance attorneys can thoroughly go over your insurance policy, and with that information, help you develop a plan of action for getting you the coverage you deserve.
Contact us today at (956) 631-5600 for a free case review and for some peace of mind through these financially trying times.
