Yearly Archives: 2022

Commercial Property– Insurance Bad Faith

Doyle Dennis Avery LLP Trial Lawyers has filed suit against Lexington Insurance Company, McLarens Inc., and its adjusters for the denial of a commercial property insurance claim.  The claim arose from a May 29, 2013 hail storm that hit the Dallas and North Texas area.

The suit seeks the insurance benefits under the policy in order to allow repair of several damaged commercial properties.  In addition, Doyle Dennis Avery LLP ’s client has filed suit to obtain interest for the delayed payment of insurance benefits, attorneys’ fees, and other damages associated with the delay in repairs to the commercial buildings involved.

Although Doyle Dennis Avery LLP ’s client provided all of the proper documentation to support its claim, Lexington Insurance Company, McLarens, Inc., and their adjusters refused to pay the claim.  They issued multiple denial letters, failed to conduct a reasonable investigation, and refused to pay the claim even though their liability was reasonably clear, the suit alleges.The suit further alleges that Lexington Insurance Company and its adjusters breached the insurance policy, violated the duty of good faith and fair dealing, and failed to follow various Texas statues, such as the Texas Insurance Code – Unfair Claim Settlement Practices Act, the Prompt Payment Act, and the Deceptive Trade Practices Act (DTPA).

Doyle Dennis Avery LLP Trial Lawyers has experienced attorneys in representing commercial property owners in claims against insurance companies who refuse to honor commercial property insurance policies.  If your building has been damaged and the insurer is refusing to pay for necessary repairs, call us to discuss your right to benefits under your policy.

Doyle Dennis Avery LLP Trial Lawyers has filed an insurance bad faith suit under Arizona law in Maricopa County Superior Court against Ace American Insurance Company, Gallagher Bassett Services, Inc., and their adjusters.

The suit arises from Ace American and Gallagher Bassett’s wrongful handling of the Plaintiff’s workers’ compensation claim.  After a work injury at FedEx in May 2014, the Plaintiff was owed benefits due to serious shoulder and back injuries.  The case alleges that the Defendants wrongfully closed the injured worker’s claim based upon the misuse of the Independent Medical Exam (IME) process.  First, Defendants closed the claim based upon the report of Dr. Zoltan.  However, Dr. Zoltan’s opinions had already been rejected by the Industrial Commission of Arizona (ICA) in an Award that was entered in June 2016.  And then, recognizing this unreasonable and bad faith basis to close the claim, Defendants attempted to manufacture a new basis to deny the claim and sent the Plaintiff for an IME with Dr. Theiler.  Arizona law holds that insurers and adjusters may not use the IME process in bad faith.  The lawsuit alleges that the Defendants engaged in this conduct by using an already-rejected IME report and then using the IME process to generate another excuse to deny the insurance claim in bad faith.

It was only through proceedings before the Industrial Commission of Arizona and with the assistance of an attorney that Plaintiff was able to force Ace American and Gallagher Bassett to reverse their denial.  On March 6, 2018, the Industrial Commission of Arizona entered an award finding that Defendants’ closure of Plaintiff’s claim was unfounded and that Ms. Mable was entitled to the benefits that had been unreasonably denied by Defendants, including income benefits and disability benefits.  Nonetheless, Defendants’ bad faith conduct did not end there.  Defendants repeatedly refused to follow the orders of the Industrial Commission of Arizona and ignored multiple written communications and telephone calls to Defendants and their attorney asking them to honor the award and pay the owed benefits.  It was not until approximately 11 months later, on or about, February 5, 2019, that Defendants issued the payment.  Not surprisingly, the Industrial Commission of Arizona found that the Defendants had acted in bad faith and ordered payment of $8,251.81 as a penalty.  However, the suit further alleges that the Defendants have continued their bad faith conduct and refused to pay the bad faith penalty that was ordered by the Industrial Commission of Arizona.

Plaintiff’s suit alleges that this conduct amounts to a breach of the duty of good faith and fair dealing under Arizona law.

Doyle Dennis Avery LLP Trial Lawyers is a firm that focuses its practice on holding insurance companies responsible for wrongfully withholding benefits and engaging in bad faith conduct.  If you or a family member need advice on the wrongful handling of your insurance claim, Doyle Dennis Avery LLP ’s lawyers are available to discuss your claim at no cost to you.

Doyle Dennis Avery LLP has filed suit against American Zurich Insurance Company and Sedgwick Claims Management Services, Inc. for bad faith insurance claim handling.  The suit, which is pending in the United States District Court of Arizona, Phoenix Division, alleges that American Zurich violated the duty of good faith and fair dealing and that Sedgwick Claims and its adjusters aided and abetted American Zurich’s bad faith conduct.

The Plaintiff in the suit was an employee of JBS and was injured at work in November 2017, when he fell from a ladder and suffered injuries to his shoulder, neck, and low back.  Rather than properly handle the Plaintiff’s claim, American Zurich and Sedgwick Claims wrongfully denied the claim in its entirety.

The Plaintiff’s work injury was documented in an on-site incident report and at the onsite medical facility.  Moreover, the Plaintiff’s injury was confirmed by a treating physician.  Nonetheless, American Zurich and Sedgwick ignored this evidence and denied income and medical benefits that were required to ensure that the Plaintiff received timely medical care and had income to meet his living expenses.

It was only through proceedings before the Industrial Commission of Arizona and with the assistance of an attorney that the Plaintiff was able to force American Zurich and Sedgwick Claims to being paying benefits.  The suit seeks the damages caused by the delay in payment of these benefits, such as pain and suffering, physical impairment, mental anguish, and punitive damages.

If you or someone you know suffered a work injury in Arizona and have been the victim of a wrongful denial of benefits or other bad faith conduct, the lawyers at Doyle Dennis Avery LLP stand ready to assist you in determining whether you have a viable claim.

Insurance companies in the United States are required by law to act in good faith when resolving customer claims. If you have made a boat or home insurance 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 expert in maritime or insurance law to ensure that you are getting your due. 

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.

Wrongful Termination – Personal Injury

Doyle Dennis Avery LLP Trial Lawyers has filed suit against Creative Resource Group LLC n/k/a Onpoint Industrial Services, LLC on behalf of an employee who was terminated following a work injury. The suit was filed under the Texas Labor Code § 451.001, for wrongful termination and discrimination. The case will be heard by a jury in Nueces County District Court, located in Corpus Christi, Texas.

On April 7, 2016, Doyle Dennis Avery LLP ’s client suffered a work injury due to a fall at the Citgo Corpus Christi plant. Doyle Dennis Avery LLP ’s client filed a workers’ compensation claim to ensure that she received medical treatment and income replacement benefits for any time missed from work. Following the claim, Creative Resource Group LLC n/k/a Onpoint Industrial Services, LLC began taking discriminatory actions against Doyle Dennis Avery LLP ’s client. The conduct ultimately resulted in the client’s wrongful firing on or about April 20, 2016 – less than two weeks after her work injury.

The Texas Labor Code gives a workers’ compensation claimant a cause of action against an employer who discriminates against or wrongfully terminates them. Under this statute, Doyle Dennis Avery LLP ’s client is seeking damages to compensate her lost wages and mental anguish, among other damages. In addition, the suit seeks an award of punitive or exemplary damages.

Doyle Dennis Avery LLP ’s attorneys have years of experience and knowledge regarding the representation of injured workers who suffer from discrimination or wrongful termination by their employer. If you or someone you know has been harmed by an employer who engages in discriminatory conduct or wrongful termination following a work injury, please contact our office for an evaluation of your potential claim.