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Doyle Dennis Avery LLP Trial Lawyers has filed suit against AFLAC

Doyle Dennis Avery LLP Trial Lawyers has filed suit against AFLAC (American Family Life Assurance Company of Columbus) alleging breach of contract, violation of the duty of good faith and fair dealing, violation of the Texas Insurance Code, violation of the Texas Deceptive Trade Practices Act (DTPA), and fraud arising from the wrongful denial of disability benefits owed under an AFLAC Cancer Policy.

AFLAC’s policy required it to pay benefits if Doyle Dennis Avery LLP ’s Client was diagnosed with cancer or an associated cancerous condition after an initial 30-day waiting period.  However, when she was diagnosed with cancer, AFLAC refused to pay her claim.  AFLAC claimed that Doyle Dennis Avery LLP ’s Client was suffering from a pre-existing condition, even though no medical or other evidence supported the denial.

Unfortunately, AFLAC continued its denial even after the Plaintiff’s doctors provided medical documentation stating that the non-cancerous prior condition was in no way linked to – or a proper reason for – claiming that Doyle Dennis Avery LLP ’s Client had preexisting cancer.

The result of the denial has created an impact on the Plaintiff’s medical situation, including causing delay in surgical treatment and significant financial harm.  As a result, Doyle Dennis Avery LLP is seeking unpaid medical and income benefits; emotional, financial, and physical damages caused by the delay in payment of benefits; attorneys’ fees, punitive damages, and treble damages under Texas law.

Doyle Dennis Avery LLP is honored to represent this client in her fight against an insurance company who has refused to pay benefits owed under a disability or cancer policy. Contact us today if you or someone you know has had their claim for cancer or disability benefits denied by AFLAC or another insurer.

Disability Insurance Bad Faith

Doyle Dennis Avery LLP Trial Lawyers has filed suit against UNUM Life Insurance Company and the UNUM Group (“UNUM”) alleging violations of the Texas Insurance Code, the Deceptive Trade Practices Act (“DTPA”), fraud, and breach of the duty of good faith and fair dealing by wrongfully denying its insured’s disability claim. 

UNUM was responsible for handling the payment of disability benefits after a 2013 aggravation of Post-Traumatic Stress Disorder (“PTSD”).  The suit alleges that UNUM ignored medical records from multiple treating physicians demonstrating the severity of the disability, and instead would only consider the opinions of a physician that UNUM hired to offer opinions on whether Doyle Dennis Avery LLP ’s Client was qualified for disability under the policy.

Doyle Dennis Avery LLP ’s Client had no choice but to hire a lawyer to represent him in assisting to require the insurance company to pay its owed benefits.  Unfortunately, because of the lengthy delay in payment of benefits and eventual denial, Doyle Dennis Avery LLP ’s client suffered from pain and suffering, financial turmoil, and mental anguish.

Doyle Dennis Avery LLP focuses its practice on representing disabled workers who are injured due to the wrongful conduct of workers’ compensation insurers, long term and short term disability insurers, and health insurers. If you or someone you know has suffered as a result of bad faith conduct by an insurance carrier, contact us

Disability Insurance Bad Faith – Paul Revere Life Insurance Company and the UNUM Group

Doyle Dennis Avery LLP Trial Lawyers has filed suit against the Paul Revere Life Insurance Company and the UNUM Group (“UNUM”) alleging violations of the Texas Insurance Code, the Deceptive Trade Practices Act, fraud, and breach of the duty of good faith and fair dealing due to its wrongful handling of Doyle Dennis Avery LLP Client’s disability insurance claim.

UNUM was responsible for handling Doyle Dennis Avery LLP Client’s disability benefits that he bought privately in order to protect himself should he become disabled. He began suffering from normal pressure hydrocephalus and eventually could no longer perform his duties as a doctor. Despite medical records confirming his disability, UNUM wrongfully relied on the doctor it hired to deny Doyle Dennis Avery LLP Client’s claim.

Doyle Dennis Avery LLP ’s Client had no choice but to hire a lawyer to attempt to require the insurance company to make payment. However, UNUM stood by its denial of benefits. As a result, Doyle Dennis Avery LLP ’s Client has suffered physical, financial and emotional damages.

Doyle Dennis Avery LLP focuses its practice on representing disabled workers who are injured due to the wrongful conduct of workers’ compensation insurers, long term and short term disability insurers, and health insurers. If you or someone you know has suffered as a result of bad faith conduct by an insurance carrier, contact us.

Is Your Insurer Acting in Bad Faith? Look for These Five Telltale Signs

and feel that your insurer is acting in bad faith, you may have a tort claim as well as a breach of contract suit. Here are five signs that may mean you’re working with a bad faith insurer.

1. Do they neglect to return your calls?

If a representative from your insurance company fails to respond to a claim, or to an inquiry about a claim within 24 hours, it could be a sign that they are acting in bad faith. The reason? The longer the company waits before paying out your claim, the more money they make on the premiums you’ve already paid.

2. Has your claim been unfairly denied?

If your insurer claims that your situation is not covered under its policy, or if they claim you failed to pay premiums or were not covered at the time of the incident for another reason, it may be a red flag that you’re working with a bad faith insurer.

3. Has your claim been settled too quickly?

An insurer that offers an immediate settlement or bullies you into settling is often offering much less than you rightfully deserve. Consult an

4. Has the insurer asked for excessive documentation?

Sometimes, insurance companies act in bad faith by asking for undue documentation, including copies of items that are irrelevant to the claim. When using this tactic, they may deny your claim if you are unable to supply the documents requested.

5. Has the insurer used threats?

If your representative warned you of skyrocketing rates, or that you’ll experience other adverse consequences if you move forward with a claim or refuse to settle, he or she is acting in bad faith.

Do You Have a Hail Damage Claim Dispute?

Doyle Dennis Avery LLP   Trial Lawyers - Hail Damage Claim Dispute ImageThe hailstorm that lashed the San Antonio area on April 12 was the costliest in Texas history. It severely damaged residential and commercial properties while generating more than $1.3 billion in estimated insurance losses. In the storm’s wake, insurance companies have been clambering to determine their costs and assess each hail damage claim dispute.

Examples

Hours after the storm, Safelite AutoGlass received almost 4,000 requests for the replacement of windshields throughout the area. More than 20,000 were anticipated. By 11 a.m. the next day, USAA Insurance had fielded 11,000 auto and 5,500 property claims, with numbers increasing throughout the weeks that followed.

The Situation

Although Texas isn’t considered to be part of the “hail belt,” the state has endured its share of hail storms in recent years. State Farm Insurance Co. reports that Texas sustained the most hail and wind damage in the nation in 2015. A total of 52,477 claims were filed for hail, as were another 11,843 for wind damage.

Changing Deductibles

Some insurance companies have switched from charging a flat deductible for a policy to one determined by a percentage of the insured value of the home. Typically, the percentage of hail and wind damage claims exceeds those of other claims such as fire and theft.

The Difference

While a fire claim deductible might be about one percent of a home’s value, it can be two, three, or up to five percent for damages from hail and the wind. Depending upon the homeowner’s policy, the deductible for a $250,000 home could range from $5,000 to $12,500, and be ripe for a hail damage claim dispute.

Concerns

The money a Texas claimant must pay before the insurance company pays a dollar has increased dramatically in recent years. Depending on the policy, a homeowner could bear the total cost of repair for hail damage because the expense doesn’t rise to the level of the deductible.

Advice

The Property Casualty Insurers Association of America (PCI) has advised Texas property owners to save all receipts for all inspections, repairs, and materials. Owners should also secure their property from additional damage and theft, and be able to provide photographs of its damage to the insurer.

Legal Recourse

Doyle Dennis Avery LLP attorneys have already helped residential and commercial property owners receive the settlements they’re due. Many Doyle attorneys have firsthand knowledge of a hail damage claim dispute and the insurance companies’ tactics in legal litigation. Call us anytime.

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