Let’s face it – fully understanding your insurance coverage can be an overwhelming task, especially when it comes to the language used in your contract. If you have to file an insurance claim and it’s denied, it can be difficult to know if you were denied in bad faith because of the volume of unfamiliar words and phrases.
Actual cash value (ACV) policies versus recoverable cash value (RCV) policies are just a few of these terms. However, knowing exactly what they mean and the type of policy you should choose is difficult for many people to understand.
The bad faith insurance lawyers at Millin and Millin know better than anyone the confusion that situations like these can cause. We hope to give you a basic understanding of these terms, but always remember that we’re available to talk to if you need more details!
The main difference between actual cash value and recoverable cash value policies is whether or not depreciation is covered by the policy. It’s key to understanding the differences between the two, particularly when you file a large loss claim.
What does this mean for the policyholder? Basically, ACV policies are cheaper than RCV policies due to the fact that they do not cover the depreciation. However, they’ll also pay out sooner but at a lower total.
In addition to explaining these concepts in greater detail, a bad faith insurance lawyer can play a huge role if you feel that you have been a victim of bad faith. The frustration and stress of a denied insurance claim on top of complex language is something we know all too well.
A bad faith insurance lawyer will review your policy as well as the decision made by the insurance company. They will walk you through the process and make sure that you feel understood and heard.
If the insurance company denied the claim in bad faith, failed to pay out the correct amount, or delayed payments, then you definitely need the help of a bad faith insurance lawyer. The delayed payments could be even more of a problem if you opt for an RCV as they can take longer to pay out.
For many people, it’s difficult to realize when you may need the help of bad faith insurance lawyers, especially when the terms and language of the policy are overly complex. Millin and Millin can be there for you and answer any questions you may have if you believe your insurance claim was denied in bad faith.
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Property damage, whether it be to our valuables, cars, or in this case, homes, is something that most people have had to deal with in their lives.
However, if a natural disaster or other emergency causes damage to your home, it’s key to understand how to assess restoration costs.
The bad faith insurance lawyers at Millin & Millin are here to explain the process as well as be there for you if an insurance claim is filed but denied unjustly.
Disaster relief agencies are organizations trained to assess the damages caused by a variety of incidents and are instrumental when you work with your insurance company.
These agencies can:
After you’ve ensured the safety of everyone in the home and contacted emergency responders, it’s time to take the next steps in the restoration process.
A general step-by-step guide works like this:
Do NOT attempt to move or clean up the damage if you decide to file a claim, or the insurance company may blame you.
You should note that the amount you are compensated for depends on many factors, so keep this in mind if you file a claim.
These variables include:
If you don’t believe you were compensated fairly or your insurance claim was outright denied, that’s where Millin and Millin come in!
If the damage has been assessed correctly but your insurance claim was denied, it’s time to reach out to the professional bad faith insurance lawyers at Millin and Millin. Our team has years of experience and can make things right!
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Unfortunately, accidents happen and things don’t always go as planned. An insurance claim that's denied only adds to the frustration of an already difficult situation. People end up in predicaments like this all the time, but why and how?
While some claims are denied in bad faith, there are many reasons why a health insurance claim may be denied with just cause. The bad faith insurance lawyers at Millin & Millin are here to present these key factors so that you’re prepared no matter what.
Though the specific details of each case differ, there are a few reasons frequently cited which can cause someone’s health insurance claim to wind up denied. Let’s explore some of these in greater detail:
Of course, you’re always able to appeal, and the company must cover your medical expenses if you succeed. If bad faith is involved, you may need the help of legal counsel.
Take it from the professional bad faith insurance lawyers at Millin and Millin, it’s vital to know what you’re covered for and why insurance claims are denied. If you’ve been denied in bad faith, reach out to our office to take the first steps to set things right!
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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!
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.
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.
