Houston Insurance Claim Denial Lawyers
Texas Insurance policies are meant to protect the insured’s property and other assets. When an insurance company wrongfully denies legitimate insurance claims, Texas law provides powerful methods for seeking damages and penalties. We see abuses committed by insurance companies and their adjusters in denying or low-balling estimates following natural disasters such as hurricanes, floods, hail storms and windstorms. Shady insurance practices also are found in dealings involving fires, car accidents and just about any type of claim of losses under an insurance policy.
Our insurance claims lawyers represent policy-holders in bringing claims against the large insurers for violating the policies our clients have paid for and for violations of the Texas Insurance Code. We seek damages from the insurance companies for the losses plus attorneys’ fees and other statutory penalties. In some cases, insurance companies can be ordered to pay punitive or exemplary damages.
Types of Claims Against Insurance Companies
When suing an insurance company for not properly paying claims or complying with the policy, Texas law provides for several types of legal causes of action that can be brought by the policy holder. These claims which can be filed as a lawsuit include:
- Breach of Contract Claim Against the Insurance Company. An insurance policy is actually a contract between the insured policy-holder and the insurance company. When the insurance company violates the contract by refusing to pay a claim or by not paying enough to cover the losses, the policyholder can sue for breach of contract. When this happens, the insurance company can be sued not only for the losses incurred but they can also be ordered to pay all of the attorneys fees incurred in the lawsuit.
- Breach of Duty of Good Faith and Fair Dealing. Many people refer this type of lawsuit against an insurance company as a “bad faith” claim. A bad faith claim can be brought when the insurance company denies or delays a claim with no reasonable basis to do so and knew there was no reasonable basis to delay the payment of the claim. Additional damages beyond those for breach of contract are available.
- Chapter 541 of the Texas Insurance Code. This powerful statute allows a lawsuit to be brought against anybody in the insurance business who commits certain unfair or deceptive acts. Multiple damages are awarded in cases where the defendant is shown to have acted knowingly.
- Chapter 542 of the Texas Insurance Code. The law requires insurance companies to promptly pay insurance claims and imposes strict deadlines on handling claims and payments. Violations of the payment deadlines will subject the insurance company to penalties, high interest and attorneys fees.
Lawsuits against insurance companies can be brought in just about any type of policy claim denial including:
- Hurricane Damage Claims
- Hail Damage Claims
- Wind Storm Claims
- Flooding Claims
- Fire Damage Claims
Furthermore, all of the duties imposed by Texas law are applicable to any type of insurance policy including residential property claims, business & commercial claims, auto insurance claims and underinsured claims.
Michael P. Fleming is uniquely qualified to handle these cases as he is one of only several attorneys in Texas to be Board Certified in both Personal Injury Trial Law and Real Estate Law by the Texas Board of Legal Specialization. Call today or contact us through our online form to receive a free case evaluation.