If you’ve had damage to your home or business from a natural disaster or another type of catastrophic loss, it is unlikely you can afford to pay for these damages on your own. This is the exact reason most of us have insurance—health insurance, auto insurance, homeowner’s insurance, business insurance, and more. When the unexpected happens, we assume our years of faithfully paying monthly insurance premiums will result in a full and fair settlement. When a residential or commercial property claim is filed, you shouldn’t have to fight for the right to a fair settlement, yet that is often the case. If your insurer is engaging in bad faith or unfair practices to avoid paying you what your claim is worth, you need a highly experienced Texas bad faith insurance attorney from Gulf Coast Insurance Attorneys on your side.
Your unfortunate situation should not be compounded because your insurer refuses to compensate you fairly. Our legal team will make sure you are protected throughout the process and that you are never taken advantage of by an unscrupulous insurance company. At Gulf Coast Insurance Attorneys, we have a deep belief in the power of a concerted team effort, working with our team of professionals to meet the needs of our clients. We will ensure your case is fully supported, whatever that may take because we believe in you and your future.
What is Bad Faith Insurance?
When an insurance company fails to deal with you in an honest manner or engages in practices generally considered to fall under bad faith, you have the right to insist the insurance company deals with you honestly, abiding by your policy. The insurance company must provide a valid reason for a claim denial—they cannot simply deny your claim without cause. The insurance company must also promptly investigate your claim and may not unreasonably delay or deny a decision on your claim. Any threatening statement made to you by the insurance company is also grounds for a bad-faith insurance claim.
As an example, suppose your home is destroyed by fire and you file a valid claim for damages. Your insurance company then accuses you of arson, before even investigating your claim. While the goal of such an accusation is to get you to drop your claim, the insurance company is not allowed to use such tactics. If you believe your insurer is engaging in bad faith, speaking to a Texas bad faith insurance attorney from Gulf Coast Insurance Attorneys can make a significant difference in the outcome of your claim.
What Are Some Examples of Insurance Bad Faith?
When your insurance company fails to fulfill the obligations stated in your insurance policy, they have committed an act of bad faith. There are many different examples of insurance bad faith, including the following:
- Your insurance company is unfairly delaying your claim.
- The insurer has offered an extremely low amount that will not cover all your damages.
- The provisions stated in your insurance policy are being misrepresented by your insurance company.
- There has been no real investigation into your claim.
- Your insurance company has not communicated honestly with you.
- A reasonable time period has gone by, yet you have either not received a fair settlement or your claim has been denied outright.
- The insurance company has not provided a valid reason for denying your claim.
- Threatening statements have been made by the insurance company as a means of avoiding payment on your claim.
- A request for documentation on the denied claim is being denied by your insurance company.
- Company profits are being placed over your valid claim.
Can I Sue My Insurance Company for Bad Faith?
If your insurance company has engaged in bad faith tactics or is clearly placing its own interests above your interests as a policyholder, it could be time to speak to a knowledgeable Texas bad faith insurance attorney. It’s important that you review your insurance policy and keep meticulous records of all correspondence related to your claim. Filing a bad faith lawsuit requires a significant level of preparation, planning, detailed knowledge of insurance law, and paperwork.
Take notes any time you discuss the matter with an insurance representative over the phone. Your goal will be to show you acted appropriately when filing your claim and that despite your claim being valid, your insurance company acted inappropriately when responding to your claim. Because it can be complex, speaking to a Texas bad faith insurance attorney by your side can make a significant difference in the outcome.
How Do You File a Bad Faith Insurance Lawsuit?
If your insurance company denies your claim or offers you an extremely low settlement, you can ask for an internal review. There are a few instances where a claim denial was only an oversight or miscalculation. If this is the case, an internal review will resolve the issue. If your insurance company continues to refuse to respond to you or to respond in an appropriate manner, you have the right to file a bad-faith insurance lawsuit. You should immediately contact a Texas bad faith insurance attorney from Gulf Coast Insurance Attorneys. Your attorney will have a comprehensive knowledge of the laws regarding bad-faith insurance in the state of Texas, along with experience in the industry and resources that will support the facts of your lawsuit.
How Can Your Texas Bad Faith Insurance Attorney Prove Bad Faith Insurance?
If you are successful in your bad faith insurance lawsuit, your insurance company may be required to pay not only the full cost of the damages to your home, but also statutory penalties with interest, liability for judgments in excess of policy limits, attorney fees, punitive damages, economic losses, and emotional distress. The more egregious your insurance company has behaved, the greater your damages are likely to be.
To prove bad faith in the state of Texas, you must show that an insurer breached its duty of good faith by refusing to compensate you for a covered loss. There must have been a reasonable basis on the part of the insurance company to deny, delay, or undervalue your claim; you will need to show there was a reckless disregard by the insurance company to carefully evaluate your claim. If your claim states that there is complex or vague wording in your insurance policy and your insurer used that to its advantage, a jury will ask whether a “reasonable” person, given the same circumstances, could have understood the wording in your policy.
Why Hiring a Texas Bad Faith Insurance Attorney from the Gulf Coast Insurance Attorneys Near You is the Best Course of Action
When a powerful insurance company places its own interests above your own, it is time to turn to an experienced Texas bad-faith insurance attorney from Gulf Coast Insurance Attorneys. When you contact GCIA and schedule a free consultation with attorney Peter Diiorio to discuss your situation, you will immediately feel a sense of relief, knowing your claim and lawsuit are being handled professionally, and skillfully.
Peter will comprehensively lay out your options, based on the specific facts of your case, then guide you through the process, answering all your questions in an easy-to-understand manner. No matter what insurance problem you are facing, our legal team is ready to ensure you receive a full, fair settlement for your damages, always dealing with you honestly and with compassion. Contact the Gulf Coast Insurance Attorneys today.