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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?

The 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.

Welcome to Our Blog

At the Houston law firm Doyle Dennis Avery LLP , we are immersed in several complex and constantly evolving areas of law. Our experienced attorneys apply genuine passion in our strategic advocacy efforts for injured maritime workers, soldiers severely harmed by military contractors while deployed overseas, and people injured while working and traveling internationally.

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This afternoon a jury in the 163rd District Court of Orange County, Texas found Commerce and Industry Insurance Company, an AIG company, responsible for workers’ compensation survivor benefits for the family of a worker original injured at BP’s Texas City plant in May 2004. After a two and a half day trial before the Honorable Dennis Powell, the jury found that Bruce Stewart’s death from an accidental overdose of medicine prescribed for treatment of his injury was “a result of” the original injury as it arose from the medical treatment made necessary by the on the job injury.

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Doyle featured in Today’s Houston Chronicle on the Transocean Deepwater Horizon Rig Explosion

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