Insurance companies often times deny claims. Some times the denials are correct and some times they are not. If the company is correct, most lawyers will not take on your case. Alternatively, if the denial is unjust, you may have a situation called a “bad faith” denial. The truth is that insurance companies have a statutory duty to review and investigate claims reasonably and if they do not, they are acting in violation of these statutes.
For instance, if you have suffered a major loss to your home due to a storm, hurricane, sinkhole, roof determination, water, fire, or theft, your main and only concern is how you will fix the problem. Ideally, this would mean you ask your insurance provider to take care of what your insurance policy covers. They come out, look at the damage, accept that it is covered and you get a check in the mail or they arrange for service. Hopefully, this is what happens, but often times they will not cover or they will choose to underpay. Insurance companies are for-profit… remember that. They are elusive in their tactics and will avoid paying full coverage, or any coverage at all, if they can. It’s nothing personal, but your insurance coverage is just business to them. To them your homeowner’s coverage is just a number in a computer when to you it’s where you sleep, eat, raise your children, and share memories.
Take a look at this list – here are a few signs that an insurance company either has, or is going to, ethically mistreat you, undervalue your claim, or even wrongfully deny it.
- Insurer delays without a reasonable basis
- Insurer denies a claim without a reasonable explanation or basis
- Insurer discounts a claim without a reasonable explanation or basis
- Insurer fails to acknowledge or reply promptly to a covered claim
- Denial of a claim without a proper investigation
- Insurer fails to approve or deny the claim within a reasonable time
- Insurer fails to explain why a claim was denied
- Insurer harasses the client
- Insurer misrepresents facts
- Insurer is withholding material information
- Biased investigation of the claim by the insurer
- Falsely shifting the cause of loss from a covered cause to a non-covered cause
- Misinterpretation of policy language
- Insurer acts in “bad faith”
If You Think You Need a Lawyer
If you believe that you or someone you know is being mistreated by an insurance company and need help during the claim process, or to rebut a denial, do not hesitate to contact to contact a lawyer or make a claim. The more signs of roof damage, the more important it is to have your home checked out to prevent further damage and possibly deadly mold. If you do not see visible roof defects but believe your roof is in fact defective, a lawyer can hire an engineer to test your roof.
If you liked this information go to www.DifatoLaw.com to read more. If you need to speak to a lawyer call the Difato Law Office at 813-616-1110 for a free consultation and evaluation of your home or simply fill out a free case evaluation form.
– Stephen Difato
Attorney at Law
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