Category: Bad Faith Insurance

Insurance Claim Denied? Here Are 3 Steps to Take.
Have you suffered a fire in your home and require an insurance payment to make necessary repairs? Have you been through a car accident and need help paying your medical bill? Has your insurance company refused your claim?

It’s in these times that a delayed insurance claim can leave you feeling frustrated and overwhelmed. It’s your right to receive timely claim processing—let’s discuss your next steps.

3 Steps to Take When Your Insurance Claim Is Delayed

Most people believe there’s nothing they can do while they wait for word from their insurance company. This isn’t true. There are a few important steps you should take:
1. Call your insurance company: If you’re still waiting for your insurance company to process your claim, it’s time to find out why there’s a delay. Call your insurance company to get more information. There might be something you can do or information you can gather that can speed up the process. For example, you may need to call your healthcare provider for additional medical documentation.
2. Take notes: As you speak with your insurer and other parties, make sure to take notes of every conversation you have. This may come in handy later if you need to take further action towards your insurer.
3. Review your policy: Take a look at your policy, which is your contract with your insurance company. If it states your insurer will pay your claim within a certain timeframe and they haven’t complied, you have the right to a lawsuit.
972-450-1418 – Is there anything you can do when your insurance claim is delayed? Yes, there are some important steps you can take. To learn more, visit us today.

Is Your Insurance Company Acting in Bad Faith?

Sometimes, insurance companies will delay your claim simply to avoid paying it. This is an act of bad faith. If you’ve covered all your bases and your insurance company can’t give you a reason behind the delay, we recommend reaching out to an attorney. Your attorney can help you seek the compensation you need to move forward.

Reach Out to Fell Law Firm Today for Help

Are you stuck waiting on your insurance company to come through on your behalf? If you’re struggling through what looks like bad faith, we can help. To learn more about your potential case, give us a call at 972-450-1418 or send us a message.
December 4, 2020
What Is Insurance Agent Malpractice?
A car accident can result in serious injuries and property damage that cut into your family’s bottom line. Fire and water can damage your home to the point of financial ruin. These scenarios can result from insurance agents being negligent in the insurance policies they sell to families and businesses. This negligence is also known as malpractice.

Malpractice Isn’t Just for Doctors & Other Professionals

When we hear the term “malpractice” we typically think of doctors and other professionals. Yet, malpractice is possible by anyone who offers professional services such as healthcare, consulting and insurance. The definition of malpractice is as follows:

A dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one rendering professional services which results in injury, loss or damage.

Insurance agents are responsible for helping you protect yourself and your family from various scenarios. They do so by writing policies that contain sufficient coverage for everything from your vehicle to your home. They also have a duty to be truthful in explaining your many options. If they fail to do all of the above, the result could be serious financial harm.

972-450-1418 – Malpractice isn’t reserved for just attorneys or doctors. Insurance agents can also commit malpractice. To learn more, visit us today.

3 Examples of Insurance Agent Malpractice

There are many ways an insurance agent can commit malpractice. Let’s dive into three different examples.
1. An agent fails to purchase insurance on your behalf: When you visit your agent and ask to purchase specific insurance, your agent must follow through. If they don’t and something happens to whatever you’re insuring, you won’t have the protection you need.
2. An agent fails to amend your policy after a change: If you move to a new home or purchase a new car, you must call your insurance company to alert them of the change. If your agent fails to amend your policy after notice of the change, you could suffer serious financial loss if something happens to the uninsured property.
3. An agent fails to maintain your coverage: An agent is also responsible for ensuring you remain covered. For example, if an agent receives a letter stating that your insurance company is no longer insuring your property, they must notify you. If they fail to do so, it’s considered negligent.
Has Your Insurance Agent Committed Malpractice? Call Us.

If you feel your insurance agent has committed malpractice, we can help. To learn more about your rights as a policyholder, give our experienced team a call at 972-450-1418 or send us a message today.
November 14, 2020
Arson Fraud: What to Do If You’ve Been Accused of Fraud

Struggling through the aftermath of a fire can be overwhelming, especially when it’s your home. You’ll need to work hand-in-hand with your homeowner’s insurance company to recoup your losses. Unfortunately, it’s not uncommon for insurance companies to try and reduce or reject their liability.

In the worst situations, they may go as far as to accuse you of arson (deliberately setting fire to a property) in an attempt to recover insurance money.

What Is Arson Fraud?

Arson fraud occurs when a homeowner deliberately damages their home by fire in order to collect money from their insurance company. Often, arson fraud is committed by homeowners who find themselves in difficult financial situations.

Arson is a serious crime. Most of the time, it results in a second-degree felony charge which results in 2 to 20 years in prison. Yet, arson can also result in a first-degree felony if the fire ends in the injury or death of a firefighter or other individual.

972-450-1418 – Have you been accused of arson fraud by your insurance company? An attorney can help. To learn more, visit us today.

What Can You Do If You’ve Been Accused of Arson Fraud?

Has your insurance company accused you of arson fraud? It’s important to find an attorney who can help you understand how to move forward. Arson is a serious charge that you shouldn’t handle on your own.

The prosecutor in your case must prove without a reasonable doubt that you set the fire intentionally. They must also prove you made a false claim to your insurance company about the fire in order to obtain payment.

After the fire occurs, your local law enforcement will conduct investigations to determine how the fire started. They’ll determine whether the fire was intentional or by accident. This information as well as other documentation can help solidify your case. An attorney can help you build a solid defense against the charge.

Reach Out to the Team at Fell Law Firm Today

If you’ve been accused of arson fraud, we can help. Our team has years of experience building cases against insurance companies who act in bad faith. If you’ve been accused of fraud, don’t wait. Give us a call today at 972-450-1418
or send us a message today.

October 14, 2020
What to Do If Insurance Refuses Your Car Accident Claim

A car accident is a traumatizing time, especially if you suffered injury or property damage. Add in an insurance claim denial and you may feel overwhelmed. Rest assured, there are some additional steps you can take to ensure you have what you need to get back on your feet.

Texas Is an At-Fault State

First, it’s important to understand that Texas is an at-fault state. This means that the insurance company of whoever is at-fault is responsible for the damages. Many reasons behind your denial stem from the at-fault rules in our state.

For example, if you’re more than 50% at-fault for the car accident, the insurance company isn’t responsible for your damages. Your insurance claim may also be denied if the at-fault driver’s policy lapsed prior to the accident. This is often due to the driver failing to pay his or her premiums.

Other reasons for insurance denials may be pre-existing conditions you have or if you delay receiving medical treatment.

972-450-1418– Has the at-fault driver’s insurance company denied your car accident claim? There are steps you can take. To learn more, visit us today.

What Can You Do If You Receive an Unfair Insurance Denial?

Insurance companies will do what they can to reduce their liability. Unfortunately, this leads to plenty of unfair denials. For example, an insurance company may exaggerate your amount of fault over the 50% line. If you receive a denial you believe is unfair, we recommend hiring an attorney who can help.

Filing an Appeal

An attorney can start by helping you file an appeal against the denial. Most insurance companies provide a formal appeal process you must follow to negotiate a settlement. An attorney will help you collect the required information, health documents and more to solidify your case.

Filing a Lawsuit

If your attorney can prove you’re not at-fault for your accident or if the insurance acted in bad faith, it may make sense to file a lawsuit against the insurance company. Yet, every case is different. It’s important to speak to an attorney who can help you make the right decision for your accident case.

Call a Professional Personal Injury Attorney Today

If your valid car accident claim has been denied, you have options. Allow the team at Fell Law Firm to help. Give us a call at 972-450-1418
or send us a message today.

October 4, 2020
Understanding Texas Bad Faith Insurance Law & Your Rights
Insurance is used to protect your health, home, vehicle and more. When you sign on the dotted line of an insurance policy, you should expect your insurance company to insure you accordingly. Unfortunately, many insurance companies fail to honor the policy contract. As a result, they deny or delay valid insurance claims, an act known as bad faith.

In Texas, insurance companies are prohibited from acting in bad faith. If you feel you’re a victim of unfair insurance practices, you have rights to a lawsuit under Texas law.

What’s Considered Unfair Insurance Practices Under Texas Law?

Texas law regarding unfair settlement practices can be found in Chapter 541 of the Texas Insurance Code. Under this law, unfair and deceptive insurance practices include:
- Misrepresenting a material fact or policy provision relating to coverage
- Failing to reach a prompt, fair and equitable settlement of a claim when liability is clear
- Failing to promptly provide a reasonable explanation of the basis in the policy for the insurer’s denial of a claim
- Failing within a reasonable time to affirm or deny coverage of a claim or submit a reservation of rights to a policyholder
- Refusing, failing, or delaying a settlement offer under first-party coverage on the basis that other coverage may be available or that third parties are responsible for the damages suffered
- Refusing to pay a claim without conducting a reasonable investigation
For example, your insurance company may deny your claim even though it’s covered in your policy. Or they may refuse a storm damage claim without sending an adjuster to your property.

972-450-1418 – Your insurance company is prohibited from acting in bad faith. To learn more about Texas’ bad faith law, visit us today.

What Are Your Rights as an Insurance Policyholder?

As a policyholder, you have the right to file a lawsuit against your insurance company. Of course, you’ll need to prove the company intentionally acted in bad faith. We recommend hiring a bad faith attorney who can help build your case. If your attorney establishes bad faith, you may recover damages such as:
- Up to three times the amount your insurance company would’ve paid towards a successful claim
- Mental anguish
- Attorney fees and court costs
With any lawsuit, there’s always a potential for additional damages called punitive damages, which serve as a punishment against your insurance company. It’s important to note these damages are rare and depend on your specific case.

Do You Believe Your Insurance Company Acted in Bad Faith?

If so, we can help. To learn more about bad faith insurance, give us a call at 972-450-1418 or send us a message today.
September 14, 2020
5 Steps to Take After Fire Damages Your Home
A house fire is frightening, and the aftermath can be an emotionally challenging time. It can also be confusing as there are many next steps to take. First, take a deep breath. Next, follow these steps to help protect you and your family.

5 Steps to Take After a Fire Damages Your Home

Before you do anything, make sure you contact your local fire department to ensure your home is safe to enter. They’ll ensure potentially dangerous utilities such as gas or electricity are turned off.
1. Call your home insurance company: You’ll want to start the claims process as quickly as possible to ensure you have the coverage you need to move forward.
2. Document the damage: When you have permission to re-enter your home, take photos and document the fire damage. Take inventory and make note of any personal belongings you cannot locate. Documentation is critical for your insurance claim as well as further legal action if required.
3. Take steps to secure your home: As the property will likely remain vacant for some time, take steps to secure your home such as boarding up your windows and securing entrances. As you check your home, look for any personal documents, heirlooms, or any items of high value and take them with you.
4. Call your bank and other institutions: Call your bank or mortgage company to report the fire. You’ll also need to report any lost credit cards and request new ones. Be sure to start the process of replacing personal documents such as passports, driver’s licenses and birth certificates.
5. Reach out to your local disaster relief service: If you need assistance after the fire, reach out to your local disaster relief service such as the American Red Cross. They can help you locate shelter, clothing, critical medication and more.
972-450-1418 – What should you do after a house fire? There are a few critical steps you must take. To learn more, visit us today.

If You Experience a Fire Claim Denial, Call the Team at Fell Law Firm

Have you received an insurance claim denial from your insurance company after a house fire? The Fell Law Firm can help. To learn more about fire claims or to speak with an attorney today, give us a call at 972-450-1418 or send us a message.
July 24, 2020
How to Avoid an Insurance Claim Denial After Severe Storm Damage

Summer is nearly here. Along with warmer temperatures comes the potential for severe storms that can wreak havoc on your home and surrounding property. With home insurance, you have the necessary means to make repairs should damage occur.

3 Tips for Avoiding an Insurance Claim Denial After Storm Damage

Even the best home insurance companies can deny valid claims. Some insurances may deny a claim in full or in part. To help prevent any form of claim denial after severe storm damage, here are some tips.

1. File Your Claim as Soon as Possible

Most insurances require you to file your claim within 30 days to a year, depending on the insurer. A claim even a day past the statute of limitations is ripe for denial. Call your insurance company quickly after the damage occurs to avoid being late. If you’re not sure what your insurer’s statute of limitations is, ask.

2. Do What You Can to Mitigate Further Damage

Many insurers will partially or fully deny a storm damage claim due to a lack of damage mitigation. For example, if a tree falls on your home and damages your roof, and you do nothing to prevent further damage, your insurer may state they’re off the hook for some liability.

To protect yourself from this type of denial, do what you can to prevent further damage by placing tarps over damaged roofs and cardboard over broken windows.

3. Take Photos and Document the Damage

As you survey your home for damage, take photos and notes, documenting the damage. This will ensure you don’t forget anything while reporting your claim. It’s also a good idea to have proof of the damage for payment and if your insurance continues to deny your claim, acting in bad faith.

Even After These Tips, Your Insurance Company May Still Act in Bad Faith

No matter how much effort you put into preventing a claim denial, your insurer may still act in bad faith. They may deny your claim, refuse to pay in full or cancel your policy. If you feel your insurer acted in this way, we recommend reaching out to an attorney. To learn more about bad faith insurance claims, give us a call at 972-450-1418 or send us a message.

June 24, 2020
COVID-19 and Bad Faith Insurance Claims

The novel coronavirus (COVID-19) outbreak has changed the world as we know it, including business insurance coverage. Many companies have struggled to keep their doors open due to stay-at-home orders and lack of income. Unfortunately, even with programs such as the Paycheck Protection Program, businesses find little assistance.

Companies Are Now Filing Bad Faith Insurance Claims

Many companies have tried to recover losses through their business insurance policies. Most insurers turn down these claims quickly, stating pandemic losses are not covered. As a result, businesses are filing bad faith insurance lawsuits due to the insurer’s lack of investigation.

972-450-1418 – Some businesses required to close due to COVID-19 filing lawsuits claiming insurance bad faith. To learn more, visit us today.

Big Onion Tavern Group LLC et al v. Society Insurance Inc.

In a recent lawsuit, a group of restaurants and movie theaters claimed their insurance company, Society Insurance Inc., immediately denied claims without a reasonable investigation. They also claim the insurance company’s policies don’t include a pandemic exclusion.

Mace Marine Inc. v. Tokio Marine Specialty Insurance Co.

Another lawsuit filed in Florida by Mace Marine Inc. alleges a claim denial by Tokio Marine Specialty Insurance Co. The company stated the insurer denied the insurance claim without a substantive investigation of the premises.

Other lawsuits have been filed by companies in New Orleans, California and Oklahoma, all demanding coverage under their insurance policies.

As of the writing of this blog post, there are no rulings for any of these lawsuits. It’s not clear how these claims will be handled by insurance companies or the court. With these cases making headlines, though, we expect to see similar cases filed based on bad faith due to lack of investigation and pandemic exclusion.

Changes Made After SARS Outbreak Prevent Business Interruption Claims

Some insurance companies learned their lesson in 2002 when the SARS outbreak resulted in millions of business interruption insurance claims. Many insurers added exclusions to their commercial policies for losses caused by viruses or bacteria. Will insurance companies who failed to add the exclusion need to pay? Only time will tell.

Suspecting an Act of Bad Faith? Call an Attorney Today.

We recommend any claim of insurance bad faith undergo review by an attorney before moving forward. We assist individuals and businesses who believe they’ve become a victim of bad faith. To learn more about how we can assist you, send us a message.

June 14, 2020
Insurance Premium Payment Relief in the Wake of COVID-19
Many of the nation’s insurance companies are taking steps to help policyholders experiencing financial hardship due to the COVID-19 crisis. Companies such as Geico, Allstate, Travelers and others have committed to avoiding canceling insurance policies due to nonpayment or policy expiration.

Relief Options for Individual Insurance Policies

Each insurance company is following its own set of grace periods and other relief guidelines for auto insurance premium payments. Most include one or several of the following options:
- Payment plans: You may be able to enter into a several-month-long payment plan to spread out your payments, making them easier to manage.
- Payment extensions: You may be able to request an extension of your insurance premium payment by at least 30 days.
- Skipped payments: Some companies are offering the ability to skip one or two payments altogether.
- Waived late fees: Most companies are not charging late fees for payments that come in after their due date.
- Zero penalties: Most companies are also not charging penalties for late payments.
How long these relief options will last and how far back they will extend depends on each individual insurance company. Additionally, many companies are extending some or all of their relief options to other policies including homeowners’ insurance.

We encourage you to reach out to your insurance agent to learn more about the potential relief options available to you, should you need it.

972-450-1418 – Read about the insurance premium payment relief options offered by most insurance companies during the COVID-19 crisis.

Canceled Insurance Policy? Is Bad Faith a Concern?

Many, if not all, companies are pushing the pause button on canceling policies for nonpayment during this difficult time. Questions surrounding cancellations before this pause may still arise, however. If your insurance company canceled your policy and you believe they did so in bad faith, we encourage you to speak to an attorney.

Need Legal Help During This Difficult Time? We’re Here to Help.

Mr. Fell is working daily to support our clients and help them seek the justice they deserve. If you run into a legal issue during this time of COVID-19, know you do not need to deal with it alone. Our team is here to help; contact us today
May 14, 2020
Cancelation: Understanding This Claim Avoidance Tactic
When you file an insurance claim on a policy, your insurance company will either pay your claim, deny it or even cancel your policy. Sometimes, insurance companies act in bad faith, canceling your policy without proper cause in an attempt to avoid claim payment.

Cancelation: A Common Insurance Claim Avoidance Tactic

There are some legal reasons why an insurance company can cancel your insurance policy, including:
- Lack of premium payments
- Inability to contact you for information to evaluate coverage risk
- High coverage risk
- Fraudulent documentation
Should an insurance company cancel your policy for any other reason, you may be a victim of bad faith cancelation. For example, they may claim you canceled your policy, but won’t be able to tell you why. Or, in other cases, they may say you made a false statement which enables them to cancel your policy as soon as you make a claim.

Insurance Companies Must Have Proof

It’s important to remember that your insurance company must prove you committed fraud or lied about your claim. And even if they’re able to prove fraudulent documentation, they must give you at least 30 days’ notice before canceling your policy.

972-450-1418 – Insurance companies may choose to cancel your policy to avoid paying your claim. To learn more about bad faith cancelation, visit us today.

What Can You Do If Your Insurance Cancels Your Policy?

If you suspect your insurance company is acting in bad faith, we recommend calling an experienced attorney. To avoid escalating the situation, don’t attempt to handle it on your own.

An attorney will be able to investigate the matter fully, including the reasoning behind the cancelation. The attorney can also work with you to recover any available damages such as punitive damages, attorney fees and any money you’re entitled to under your policy.

Cancelation is only one method used to avoid paying claims. Insurance companies may also delay investigating your claim, fail to conduct a complete investigation, offer less for a claim, refuse to pay a valid claim and more.

Bad Faith Cancelation? Call The Fell Law Firm Today.

Has your insurance company canceled your policy without documentation or notice? You may be a victim of bad faith. To learn more about your legal options or to speak with an experienced attorney, give us a call at 972-450-1418 today.
March 24, 2020