Insurance Claim Litigation

Texas Law requires that insurance companies owe duties of good faith and fair dealing and are prohibited from engaging in unfair or deceptive acts or practices. Despite these prohibitions, insurance companies everyday attempt to take advantage of insureds, who have done nothing wrong and paid their premiums. If your claim for any of the following has been denied, underpaid or stalled, we can help:

• Flood insurance
• Homeowner’s insurance
• Car accident liability insurance
• Natural disasters (hurricanes, wildfires, tropical storms, flood and hail) 

Texas law requires insurance companies are generally required to acknowledge, evaluate, and pay or deny claims in a timely and prompt manner. Thus, an insurance company must: 

• Acknowledge and begin investigating your claim within 15 days.    
• Notify you whether the claim has been accepted with 15 business days.
• The insurance company may request up to 45 days additional days to investigate.    
• Pay an accepted claim within 5 business days after notification of approved payment.

Generally, there are two types of claims that can be made. First party claims and third-party claims. A first party claim is a claim made by the insured against the insurance company. A third-party claim is claim made against an insurance company by a non-insured person who has interacted with the insured.  An insurance company that breaches the duties it owes to its insured can be held liable. If an insurance company is acting in bad faith, then a suit can be brought against the insurance company. Bad faith insurance describes a claim that an insured person has against an insurance for its unlawful and inappropriately handles claims. Bad faith claims can be filed for almost any type of insurance (auto, homeowners, health or life insurance).  Examples of bad faith by the insurance company are: 

• Wrongfully delaying or denying a valid claim
• Underpaying a claim    
• Failing to perform a thorough investigation of a claim 
• Requiring burdensome documentation to process a claim·    
• Failing to provide a reasonable explanation for denying, delaying or underpaying a claim·     
• Failing to acknowledge a claim

Insurance companies and insurers can be held liable for bad faith insurance claim handling. When bad faith is established, Plaintiff can recover:

• Treble damages, which are three times the amount of damages
• Attorney's fees
• Interest on delayed payments
• Mental anguish
• Court costs
• Exemplary damages

 If you believe that the insurance company has acted in bad faith, you should contact a Texas insurance lawyer today. The Major Law Firm is available 24/7, nights and weekends to review your case. The Major Law Firm will fight to get you the compensation that you deserve.