Our Texas Law Firm Specializes in Denied Bad Faith Insurance Claims
It is not unusual for an insurance company to limit or even deny coverage of a claim without proper justification or warning. Not every act of an insurance company with which you disagree is bad faith, but if you have been treated unfairly and have been denied coverage or a reasonable settlement wrongfully, you may have a case for bad faith against your carrier.
The question is, how do you know? You can always file a complaint with your state’s Department of Insurance, but only by hiring a qualified attorney who specializes in insurance bad faith will you be able to get high-quality advice regarding whether or not the insurer’s actions fall within the definition of bad faith, and whether or not you have a case. Keep in mind that state, not federal law, regulates insurance practices. There is no uniform definition for insurance bad faith. An experienced attorney in this field knows the law, and will be able to assist you.
In bad faith cases the vast majority of attorneys, including The Voss Law Firm, will work on a contingency fee basis; that is, they will take a percentage of the settlement or award as their fee. If you lose your case, you pay nothing but their costs for such things as materials, copying, phone calls, etc. Make sure that you completely understand how the fees are to be paid before you hire legal counsel.
When you file an insurance claim with an insurance company, by law, in any state, that company owes you a duty to act in good faith. Simply put, this means that the insurance company must not look for ways to escape its obligation to investigate the claim or to pay you. Doing so would constitute bad faith. Bad faith claims and lawsuits may stem from one or more of a number of actions or inactions by the insurance company from denial of coverage to failure to negotiate a settlement.
Here are some of the typical reasons insurance companies get sued for bad faith:
- Unwarranted denial of coverage
- Failure to communicate pertinent information to the claimant
- Failure to conduct a reasonable investigation of the claim
- Refusal to pay the claim without investigating
- Failure to deny or pay the claim within a reasonable period of time
- Failure to confirm or deny coverage within a reasonable period of time
- Failure to attempt to come to a fair and reasonable settlement when liability is clear
- Offering substantially less money to settle than the true value of the claim
- Failure to promptly provide a reasonable explanation for denial of a claim
- Failure to enter into any negotiations for settlement of the claim
- Failure to respond to a time-limit demand
- Failure to disclose policy limits
The Voss Law Firm handles a variety of insurance claim cases. Below you will find the different types of claims we handle, but if you don't see your type of claim please contact us to discuss your specific insurance claim.
Natural disasters affect businesses as well as individuals. Damage from fire, hurricane or tornado can prevent your business from operating and may affect productivity, profit and stock value. When an insurance company refuses to fully and promptly pay insurance claims, the resulting losses can be disastrous! You need insurance compensation, so you can get your business back in operation without further delay.
The Texas Insurance Litigation Lawyers at The Voss Law Firm, P.C. offer industrial insurance claim analysis, evaluation and consultation involving property losses in industrial structure settings resulting from damage caused by a covered peril, material and construction defects, improper loading conditions and water damage. Evaluation of loss in an industrial insurance claim is used to determine the cause and scope of the damage. Repair cost estimates and schedules will be determined to provide a guide for correcting structural defects and ultimately prosecuting a claim against the insurance carrier when the insurance company acts in bad faith with wrongful delay or denial of payment.
Your home is more than just a place to live. When your home is damaged, you lose more than possessions. You lose an important part of your life. Serious property damage is always distressing, but having your homeowner insurance claim denied can leave you emotionally and financially devastated. The Texas insurance litigation attorneys of The Voss Law Firm can help you fight against an insurance company that won't pay your residential property claim. Let us deal with the bad faith insurance companies that are wrongfully delaying your payment or denying your homeowner insurance claim altogether so that you can focus on your life.
Condominium insurance claims are not like other claims. The division of responsibility for property damage is determined by the by-laws of the condominium association and the interests of both the individual owners and the condominium association must be taken into account.
As a natural extension of our industrial claims practice, the marine insurance litigation attorneys at The Voss Law Firm, P.C. help marine clients maintain administrative continuity throughout the litigation process. Whether you suffer property damage, liability, or economic loss, our attorneys can thoroughly investigate, fully administer and promptly litigate complex marine insurance claims. We have earned a reputation for unrivaled expertise in a wide range of areas, and bring extensive experience in marine losses, as well as several other areas of first party insurance litigation.
Farming is unpredictable and risky. Whether you operate a small, family-owned farm or oversee an expansive operation, with an increasing variety of perils choosing the right policyholder attorney to help fight a wrongfully denied or underpaid claim is one of the most important decisions you will make. Our legal services provide farmers with customized legal service offerings that offer flexibility, customer service, and prompt, accurate claims adjustment and solutions. Our attorneys are specialists and can develop customized solutions for dwellings, farm buildings, machinery, vehicles, livestock and hay as well as liability.
Damage to a church or religious facility from a fire, hurricane, wind, rain, theft, vandalism or tornado can prevent your organization from operating and may affect numerous individuals in your congregation. When an insurance company refuses to fully and promptly pay insurance claims, the resulting losses can be disastrous! When you need insurance claim compensation, so you can get your facility back in operation without further delay, hire a qualified insurance claims attorney.
Municipalities must answer to the people they serve. They are responsible for keeping water flowing, trash collected, and power grids up and running. In the event of a major catastrophe, these cities and towns must find the means to make sure these services either remain intact or are back in service as quickly as possible. Having represented policyholders of all types, The Voss Law Firm is adeptly qualified in making sure municipalities and local governments fully recover.
What is considered a construction defect and what should you do about it? Let's tackle defining a construction defect first. Depending to whom you ask, you will get a range of explanations of what a construction defect is. However, generally speaking, construction defects refer to issues with the structure design, poor materials used, inferior workmanship, and/or lack of consideration of the subsurface upon which the building stands.
Our insurance litigators evaluate and handle private disability and occupational benefit claims such as: (1) claims under employer group plans or insurance policies; (2) claims under employer occupational injury benefit plans or policies; (3) claims under professional organization group plans or policies; (4) claims under individual disability benefit policies; and (5) claims under municipal disability benefit plans. There are distinct legal standards applicable to each type of claim and different strategies and tactics for pursuing them. Some insurance coverage, such as an individual policy or automobile policy, is not governed by ERISA and is instead subject to Texas law. The Texas Insurance Code and Texas common law provide several remedies for improper or bad faith insurance claim denials or misrepresentations made to sell insurance coverage.
The Voss Law Firm works with businesses around the world on commercial and business litigation cases and other disputes related to business issues. Our commercial litigation attorneys represent businesses both as plaintiffs and defendants. Our trial lawyers focus on getting results. Because we are confident in our abilities, most of our business litigation cases are handled on a contingency fee basis.
The Voss Law Firm protect the rights of individuals who have been seriously injured in car crashes, commercial truck accidents, bicycle wrecks, pedestrian accidents, motorcycle crashes, amusement park accidents, and workplace accidents. We have helped our clients recover damages for brain injuries, spinal cord injuries, birth injuries, dog bites, and injuries caused by defective products, medical malpractice and dangerous prescription drugs. We represent cases of wrongful death as well as class action drug lawsuits.