Insurance Dispute Lawyer | Unfair Settlement Practices | Bad Faith Claims Handling
To understand unfair settlement practices claims, which are also known as insurance bad faith claims, and what a lawyer can do to help you with an insurance dispute, you need to know one thing first: Your own insurance company owes you a duty of good faith and fair dealing in the claims handling process. That duty arises from your contract of insurance with the insurance carrier. Section 541.060 of the Texas Insurance Code sets out prohibited Unfair Settlement Practices.
Bad faith can occur in two kinds of circumstances: 1. If you have made a claim for yourself or your business on your own insurance policy (such as a homeowners insurance claim for hurricane damage, a claim on your uninsured motorist coverage, or a claim under a business insurance policy); or 2. If someone else is making a claim against you for damages caused by your allegedly negligent actions (for example, you caused a car accident and the other driver is seeking compensation).
Insurance adjusters have the duties of adjusting claims in a reasonable time period and treating the insured fairly. The adjuster’s role is to investigate, evaluate, negotiate and settle claims. If the adjuster engages in unfair settlement practices, you should contact an attorney without delay.
You have duties under the policy as well. and it is important that you know what your duties are and comply to the best of your ability. A lawyer with experience handling disputed insurance claims can provide you with valuable information about your rights and obligations under your insurance policy.
Five Signs that You May Need a Lawyer to Evaluate a Bad Faith Case:
1. Your insurer or adjuster has knowlingly misrepresented to you pertinent facts or policy provisions relating to the coverages at issue.
2. Your insurer or adjuster has asked you to give an “Examination Under Oath.” An examination Under Oath is sworn testimony, like a deposition. We recommend that you do not submit to an Examination Under Oath without consulting an attorney first.
3. Your insurer has sent you a “Reservation of Rights” letter. This is a letter that states that the insurance company is not yet denying the claim, but reserves the right to do so at a later date.
4. Your insurer has refused to pay a claim without conducting a reasonable investigation.
5. Your insurer has accepted the claim, but is unreasonably refusing to pay a reasonable amount within the policy limits for the damage.
If any of these has happened in your insurance claim, or if you believe your insurance company may be acting in bad faith, we recommend that you contact the lawyers at Ross Law Group immediately to tell us about your case and schedule a consultation.
Insurance companies all too often unreasonably deny claims, delay payment, or refuse to pay a reasonable amount. The failure to pay benefits timely can cause additional stress and financial problems for people and businesses that are waiting for get their claims paid. Ross Law Group can help you determine whether your or your company would benefit from being represented by a lawyer to assist with your insurance claim. We can help you with claims under homeowners policies, uninsured or underinsured motorist coverage, claims for damage to commercial property, claims against businesses for the negligent acts of employees, claims made on professional liability policies, or other claims that are covered by an insurance policy on which you are the the insured.
Consultations for insurance Disputes: We offer a free consultation if you made the insurance claim for a covered loss that caused you damage . If the claim is against you by a third party, we charge a very reasonable hourly rate for the first consulation.
Insurance Claims Under Someone Else’s Insurance Policy
If you are in a dispute and your claim is being adjusted by the insurance carrier for another person or company whose negligence has caused you harm or damaged your property, your remedy is against the person or entity that was negligent, not against their insurance carrier. We suggest that you visit our Practice Areas page to select the area of practice that your claim falls into and contact us to see if one of our personal injury or civil trial lawyers can assist you.