Texas Injury Attorney

Wrongful Death

There’s a fairly straight forward process to filing Insurance Claims. Proving up the alleged fraud that typically ensues, however, is a different matter. You, as a policy holder, have done your part; that is: timely payment of insurance premiums, policy updates in accordance with structural home and/or business improvements, and enhanced premium services - with associated costs, of course - to cover the regulation overreach of local, state, and federal government agencies.

Then your house is suddenly the epicenter of a wind and hailstorm. Or your business is ravaged by fire. In other words, total devastation strikes you and your family. So you call your local insurance representative; ya know, the person claiming to be your ally in times of need.

And your hometown agent responds with, “Mr. & Mrs. . . .who . . . . . . ?”

That Homeowners Insurance policy - the same one written to provide you emotional comfort and monetary relief - suddenly has more holes in it than your home following the assault from golf ball-sized hail. Your agent dons his sidesteppers, and performs a toe tapper that would make Vaudeville proud. Apparently that “rock solid” policy suggests an invalid claim or at best a heavily disputed one. Commonly, a settlement much less than the value of the damage is offered, and payment is delayed in an attempt to force your hand.

And Insurance policies covering your Business or other structures can be just as nebulous. You think you’re covered; the agent proffers policy instability.  Nice, huh?  The truth is each fire-related insurance claim is wholly unique.  While sometimes it becomes necessary to seek remuneration from the at-fault third party, often full and fair compensation from your insurance company IS possible.  It becomes a lot less feasible, however, if your insurance agent-turned-obstructionist delays your claim or categorically denies it.

Most Insurance Claims are entrenched in contract law, and Texas provides for breach of action claims based on bad faith. You, as a policy holder, are protected by these laws. In fact, insurers are subject to fiscal penalties if they don’t payout policy proceeds within a certain range of time. So it’s imperative you seek the help of a legal professional to enforce policy provisions and hold insurance companies accountable.

Remember: insurance policies signed by policy holders are written by insurance companies. Think it might incorporate a few articles of self-interest?

I hope you never experience a catastrophic loss of any kind. However, if you do, let’s limit subsequent insurance company impediments and roadblocks. Give us a call.

Setterberg Law Office