Tag: Insurance bad faith

  • Denial of Insurance Claims for Losses From Theft and Other Crimes

    If your business experiences losses because of theft and your commercial policy covers theft or other crimes, your first call should be to your insurance carrier to learn about your coverage details. Commercial theft insurers can tailor a policy to fit your type of business, so you may or may not have coverage for a specific type of theft crime.

    Insurance companies write theft coverage policies to cover crimes such as:

    • Employee theft, sometimes called employee dishonesty. These policies often have exclusions, so you will want to check the details carefully. For example, a policy might not cover dishonest acts by a partner or owner.
    • Forgery such as bad checks
    • Property theft, often referred to as shoplifting in retail environments. Note: This type of coverage can also protect against employee theft of inventory.
    • Credit card fraud
    • Theft of money and securities
    • Burglary or robbery by employees or others
    • Computer fraud
    • Business identity theft
    • Funds transfer fraud
    • Counterfeit money

    Businesses whose insurance company denied their theft loss claim—even when they have theft insurance—should find out about their options. They could be victims of insurance bad faith.

    Issues in Commercial Crime Insurance

    It is important to have objective advice about your commercial theft coverage, as there are exclusions that can invalidate your insurance. For example, if you know an employee has committed theft, the insurer would automatically cancel coverage on that employee. Other issues that can complicate a theft claim include:

    • Whether you are covered for the time when the theft occurred or when you discovered the loss; these could be two different dates.
    • The difference between your employee and an employee of a service provider, such as a cleaning crew or plumbing company. Your employee theft policy would not cover losses resulting from theft by a contractor’s employee.
    • Whether the loss is the result of theft or vandalism.
    • Having the assistance of a commercial insurance lawyer who understands issues such as these can help you reach the best outcome with your insurance company.

    Contact Our Attorneys for Help if Your Business Theft Claim Was Denied

    If your insurance company wrongly denied your theft claim, call our law firm for help. We can help you recover your losses. We can also review your coverage to make sure you have the right provisions in your theft or crime policies. Contact our commercial insurance lawyers to learn about your options when an insurance carrier denies your claim.

  • 16 Tell-Tale Signs of Bad Faith Insurance

    Texas law requires that insurance companies owe their customers a common law duty of good faith and fair dealing. In addition, state statutes require that insurance companies that sell policies of any kind to:

    • Be truthful about facts or provisions of a policy. In other words, don’t say that something is covered when it is not, or vice versa.
    • Seek a fair settlement when it is obvious that the insurance company is liable
    • Investigate a claim promptly before denying it. Do not just say “No.”
    • Explain clearly why a claim was denied

    The notion of good faith in Texas is based upon the superior position of insurance companies compared to their insureds. The companies have superior knowledge, resources, and legal firepower that makes it easy for them to obtain and exploit an unfair advantage over their customers. That is why the law requires them to act in good faith—otherwise, they would use their advantageous position to deny more claims and make more money.

    Don’t Ignore These Signs of Bad Faith After Filing an Insurance Claim

    How do you know if your insurance company is treating you in bad faith? There are many clues that should make you suspicious and send you off to an attorney to learn about your rights. These include:

    1. Delaying the resolution of your claim without explaining why
    2. Not investigating promptly and thoroughly
    3. Not acknowledging that your claim was received
    4. Not offering a timely settlement when insurance company liability is obvious
    5. Not notifying customers of policy changes that could have affected them
    6. Offering or making payments without explaining what they cover
    7. Not explaining how the company handles appeals
    8. Not explaining required arbitration
    9. Requiring too many unnecessary forms from doctors and others
    10. Not explaining the reason for denying a claim
    11. Not explaining why a compromise amount was offered
    12. Withholding or misrepresenting claim information
    13. Trying to shift liability onto an insured by making untruthful charges such as arson or drunk driving
    14. Telling the inured that a lawyer is unnecessary
    15. Trying to discourage claims with threats and abuse
    16. Misrepresenting the claim’s value

    Insurance companies are masters of the strategy, “Delay, deny and defend.” They use tactics such as these to protect their profits and shareholders. However, insureds can fight back by staying alert and recognizing symptoms of bad faith such as these.

    Is Your Insurance Company Acting in Bad Faith? Call an Attorney to Find Out.

    Contact our lawyers to learn about your legal rights and options if you suspect your insurance company is giving you the runaround. You may be able to make a bad faith insurance claim that could not only obtain a fair settlement amount but also cover your related costs. Call our bad faith insurance attorneys for more information.