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INSURANCE DISPUTES

Protecting the Rights of Policyholders

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Insurance is designed to protect us from the consequences of an unexpected loss. Unfortunately, for many of our clients, the coverage they were promised fails to come through. When a serious event occurs that affects your business or damages your property, the financial stress is only compounded by a denied or underpaid claim. 

Unfortunately for their customers, insurance companies often prioritize their bottom line.  As an appraiser from a large nationwide insurance company testified in a prior case, these companies employ "bean counters." Rest assured, these "bean counters" are not looking out for your interests and neither are the adjusters in the field that deny or significantly undervalue claims--often misconstruing your policy and relying on little or no evidence to justify certain exclusions or loopholes.

Much like those experienced adjusters working for the insurance companies, our team has handled thousands of insurance claims on behalf of our clients. Let us even the playing field and fight for you. We have successfully represented policyholders in disputes involving:

 

  • Property loss coverage

  • Home insurance

  • Business interruption insurance

  • Auto insurance claims, including uninsured/underinsured motorist provisions

  • TWIA claims

  • Flood insurance

  • Life insurance

  • Other types of insurance

Although based in San Antonio, our insurance law attorneys handle disputes all over the state -- including Dallas, Austin, Houston, El Paso, Del Rio, the Rio Grande Valley, and surrounding areas. 

 

For more information on how we can help — and to schedule a free consultation — call the number below or contact us online. 

FREQUENT INSURANCE QUESTIONS

DO I HAVE TO ACCEPT THE ADJUSTER'S ESTIMATE?

No. Unfortunately, many insurance adjusters fail to spend the time necessary, or are not adequately trained to properly assess the covered damages to your property. This often results in estimates that are far below the amount you will actually need to fully restore your property to its pre-loss condition. Our team has assisted thousands of property owners who believe they have been short-changed by the insurance adjuster assigned to their claim. Contact us today for an evaluation of how your claim was handled by your insurance company. 

MY CLAIM WAS DENIED -- WHAT'S NEXT?

Insurance companies in Texas have a duty to conduct a reasonable investigation of your claim. They are also required to comply with the requirements imposed on them in your insurance policy. Unfortunately, in our experience individual policyholders --- even those that have faithfully paid their premiums for years -- are unsuccessful in getting the insurance company to reconsider their denial. If your claim was wrongfully denied, you need an experienced professional on your side to fight back against the insurance company. Contact us today if your claim was wrongfully denied. 

HOW DO I KNOW IF MY DAMAGE SHOULD BE COVERED?

Many property insurance policies fall into one of two categories. "All risk" policies generally cover all damage to your property unless it is specifically excluded from coverage. "Named peril" policies only cover specific items that are described in your policy. While the difference is subtle, it can change the analysis of what you are owed on a particular claim. Generally speaking, if you have experienced hail, wind, fire, or lighting damage, you will likely have some form of coverage. There are many other types of damage that may be covered by your policy. Contact us today for an evaluation of your claim. 

WHAT DAMAGES ARE RECOVERABLE IN INSURANCE DISPUTES?

Generally speaking, in lawsuits involving claims that your insurance company failed to honor your insurance policy or acted in "bad faith" in adjusting your claim, damages that may be recoverable include the following: 

  • Repair costs

  • Relocation costs

  • Lost business income (for commercial properties)

  • Statutory penalty interest

  • Reasonable & necessary attorney's fees

  • Punitive (or "exemplary") damages (in some cases)

WHAT IS "DEPRECIATION" AND WHY IS IT SUBTRACTED FROM MY CLAIM?

Depreciation is simply the loss in value that occurs to your property (and your contents) over time. Many insurance policies allow the insurance company to subtract this "loss in value" from the total amount estimated to repair or replace your damaged property. Under some policies, the insurance company may never be required to pay the withheld depreciation. In many other policies, you may be owed this depreciation if you effect repairs within a certain time frame. 

SHOULD I HIRE AN ATTORNEY?

Insurance companies do not always play by the rules. Of course, every case is different. If you are considering hiring an attorney, we hope you will contact us and allow us to evaluate your claim. 

American Inns of Court
American Trial Lawyers Association
American Association for Justice
Trial Lawyers Association
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