Insurance Claim Denial Litigation

Our Law Firm has substantial experience in numerous areas of insurance litigation on behalf of both plaintiffs and defendants. We represent purchasers and policyholders, including business and consumers who have been victimized by unfair and deceptive practices or insurance bad faith.

Examples of such unsavory practices are the following:

Failing to protect an insured’s interests in bad faith
Discriminatory pricing of insurance
Unfair claims settlement practices
Wrongful denial of insurance coverage

Insurance Litigation

Our attorneys have extensive experience litigating insurance claims on behalf of homeowners and business owners against their insurance companies. We have represented in the past, and currently represent businesses and individuals in a wide array of insurance cases, including:


1. Hurricane Property Damage

We have handled claims involving the improper calculation of deductibles, determining coverage, and cases where the insurance company simply refuses to pay the right amount.

2. Sinkhole Damage
There are generally two kinds of sinkhole claims: (1) the insurance company denies that there is sinkhole activity; and (2) the insurance company acknowledges that sinkhole motion exists, but then fails or refuses to adequately or timely pay to repair the damage.

3. Life Insurance
While life insurance carriers actively advertise for, and promote, their life insurance coverage, and then willingly accept premium dollars for many years – decades or more – they too often fail to pay on the claim in the consumer’s time of need. Claims denial is common.

4. Long Term Disability (LTD) Insurance
Consumers pay their LTD premiums, and then, suddenly, when they need that become disabled and need that coverage the most, the LTD carrier refuses to honor and pay the claim.

5. Health Insurance
Health insurance companies, in their efforts to maximize profits and to cut costs, often delay or deny treatment for valid health insurance claims. These insurance companies simply deem innovative, progressive treatment as “experimental” and excluded under the policy. They also engage in “rescission,” which is their concerted effort to retroactively cancel the policyholder’s coverage by claiming the insured lied on the on an insurance application form.

6. Denial of Warranty Claims
When a consumer buys a home, a car, appliance, or other costly product, he or she also purchases additional insurance protection – called a warranty – to protect the consumer against costs of repair or replacement if the purchase turns out to be defective or fails. Many builders, car dealers, and electronics chains, sell these warranties at an additional cost over and above the product’s purchase price. Unfortunately, many warranty companies fail to honor their warranty obligations to repair or replace the defective product. There are several variations of this warranty denial: (1) claiming the product or defect is not covered; or (2) claiming no coverage exists because the item is “out of warranty” or outside the warranty period.

7. Vehicle Property Damage
Vehicle crashes, accidents, theft, fire, or adverse weather conditions can result in substantial vehicle property damage. Auto insurance companies often fail or refuse to cover the full extent of the property damage. For profit’s sake, insurance companies try to pay consumers the very least amount of money possible for vehicle property damage. Insurance companies are required, however, in virtually every State, to honor the terms of their policies. If they fail to honor their policies terms, in many case insurance companies can be sued for bad faith.

More often than not, auto insurance companies attempt to repair the damaged vehicle instead of declaring the vehicle a “total loss,” or “totaling” the vehicle. Not only does this improper tactic greatly diminish the vehicle’s value, but may also place the consumer at risk of operating a defective and unsafe vehicle.

8. Fire Insurance
Fire insurance protects against fire damage to homes and businesses. When a substantial claim is made under a fire insurance policy, insurance companies often seek to deny coverage on several grounds: (1) arson; (2) electrical fire; (3) appliance and product malfunctions. Insurance companies also often refuse to pay the correct for repair, replacement, relocation, or rebuilding.

9. Water Damage
Water damage to the home is caused by many sources: broken washer lines/hoses, broken refrigerator water lines, broken ice machine hoses, or leaking roofs. Insurance companies may be held liable for failing to pay a water damage claim, or when they fail to pay the correct amount.

10. Flood Damage Claims
Water damage in the form of flooding often ruins a home. After the water has been removed, there is often mud residue and toxic mold which take hold of the structure itself, rendering the home uninhabitable. Major appliances and electronics, including washer, dryer, refrigerator, furnace, water heater, televisions, computers, and other related products and irreparably damaged and require replacement. Carpeting and drywall have to be replaced. The damage to the structure itself – called structural damage – may be insurmountable to repair, meaning relocation or rebuilding are the last available options.

Most homeowner, condo owner, and business insurances cover water damage, but exclude “flood” damage. Because of this standard exclusion, insurance companies often attempt to delay or deny claims for water damage by simply categorizing the damage as flood damage. There are strict legal definitions that apply to these situations, and quite often the insurance company’s claim denial based on claiming the damage is flood-related can be defeated in court.

11. Employee Retirement Income Security Act (ERISA) Disability Claims
Consumers whose disability insurance is issued through their employer often fall under the federal employee benefit law known as ERISA. Consumers who have become disabled need their private disability insurance to cover their new and increasing financial needs. This is why the consumer purchased the private disability insurance in the first place: peace of mind. Unfortunately, insurance companies often fail to provide compassion or an adequate legal basis for denying valid disability claims by their insureds for coverage under long-term and short-term disability policies. Special rules for ERISA claims apply, so our attorneys knowledgeable in ERISA law can help.

12. Hail Damage
Hail damage to homes and business is often covered in homeowner and business insurance policies. Often, the insurance company claims the roof damage or other proiperty damage caused by hail was pre-existing, or was not the result of hail damage. Where these claims have been wrongfully denied, then the insurance company is often liable to the policyholder for the claim as well as attorneys’ fees and costs.

13. Toxic Mold Attorneys
Toxic mold claims originate when a home is subject to water damage or intrusion from the elements, faulty workmanship, burst pipes, roof leaks, or other sources of water entering the home. Water intrusion in the home often results in the growth of toxic mold, which takes thrive in moist environments. When water damage leads to mold, then the homeownwer’s insurance policy is often required to pay for resulting repairs, clean-up, and replacement of affected structures.

14. Home Owner Insurance (HOI)
Homeowners’ insurance (HOI) protects the home itself as well as the contents, or personal property inside the home. Most consumers have paid their HOI premiums for years, even decades, without filing a single claim. When a home and/or its contents are damaged or destroyed in a hurricane, tropical storm, thunderstorm, lighting strike, fallen tree, or even an errant vehicle, then a HOI generally covers the claim, including repair, replacement, and rebuilding. Insurance companies are increasingly refusing to pay valid claims, delay paying the claim, or underpaying the claim. Because an insurance policy is a contract between a homeowner and an insurance company, the insurance company must abide by the terms of its contract. Where the insurer wrongfull delays or denies paying a valid claim, it can be held liable not only for breach of contract, but also for bad faith.

In addition, the firm has considerable experience in construction structural equipment accidents, medical malpractice, and premises liability.

If you have questions regarding insurance negligence, or fraud please contact us for a free consultation. Our lawyers represent people with insurance disputes nationwide.

Maximize Your Car Accident Settlement with These 4 Steps

Been in a car accident? Did you know that depending on where you live, the actions you need to take might change? In some states, there are certain steps you should take after your involvement in any kind of accident. Follow the steps outlined below to ensure you receive the proper care and maximum benefits following your car accident. Also contact you car accident attorneys right now.

Check for injuries after a Car Accident

Immediately after the accident check for any injuries on yourself and any passengers. Visit the emergency room for severe injuries right away. If you have minor injuries, visit your doctor as soon as possible. Keep in mind that whiplash is a common side effect of any accident. Whiplash symptoms may not show up for several days, and include symptoms like neck pain, back pain, and headaches.

Report the car accident

Call the police to report the accident. Take photos of the accident to ensure you have proper documentation of who is at fault. Take the insurance information from any other parties involved in the accident and give them your info. Report the accident to your insurance company as soon as possible after the accident. Within 10 days, you must report the accident to the DMV if damages are more than $500 or if any parties were injured or killed.

Contact a car accident attorney

Write down the details of your accident after the fact. Include information like witness contact information, location, weather and lighting, how the accident happened, and the information of all parties involved. Contact experienced car accident lawyers of Texas to help you make your case and maximize your insurance settlement. You will be able to receive a much larger insurance settlement if you work using an attorney rather than accepting the settlement offered by the insurance company. Do not accept any settlements or discuss the details of the accident with your insurance company until you have contacted a qualified attorney to make your case.

What will my settlement offer be?

When you use car accident lawyers of Texas, you have a higher chance of receiving a larger settlement. Items included may cover loss of wages, medical expenses, disability, pain and suffering, vehicle replacement, rental vehicle reimbursement, and other expenses accrued as a result of the accident. Your attorney will contact you with the details of your settlement offer. You may have to wait longer to receive a settlement through an attorney, but you may also be able to get your settlement faster.

What are my chances of getting in an accident?

Since there are millions of drivers on the road each year, your chances of getting in an auto accident are, unfortunately, high. In your lifetime, there is a high chance that you will be involved in some form of auto accident, which is why the state of Texas requires drivers to have insurance to cover the cost of accidents and injuries. Get more information from the car accident lawyer right here

Immediate Action after a Trucking Accident : What to do

Immediate Action after a Trucking Accident
When a 40-ton semi truck is involved in an accident with a passenger vehicle, physics has already determined who will lose. The steps taken right after tractor trailer accidents are based on safety and common sense:

Remove yourself and others from danger. This takes precedence over anything else. Busy highways are dangerous places. You do not want to be the victim of a secondary accident. If possible, get off the road and away from any vehicles that may catch on fire or any cargo that has been spilled from an overturned 18 wheeler.
Do not leave the scene of the accident.

Call 911
You might need emergency medical service for you or a passenger. Even if you do not think you are injured, you must still call to report the accident. If you cannot find your cell phone, ask to use someone else’s. Do not assume others have called. You may have information that will help the dispatcher send the appropriate equipment to the scene.

Take pictures if possible. The advent of cell phones that can also take pictures has changed the way accidents are documented. Even the police now regularly take pictures of an accident scene. Photographic documentation preserves information that will be lost after vehicles are moved by police personnel or tow truck operators.

Obey any directions from police and medical personnel You will be interviewed by both the police and medical personnel. Be clear and report anything that happened, even if it seems minor, to the first responders. It may be important later and you should mention any loss of consciousness, abrasions from air bags, any vision problems, bruising or cuts… in short, anything physical damage you suffered, even if you do not wish emergency treatment.

Contact your Attorney
After your medical needs have been met, the next priority is to protect your legal rights. Making the wrong statements to the police, the truck driver, or others at the scene can affect your chances to obtain a full and fair settlement. The trucking company or their insurance carrier may send a representative to the accident. If the big rig has flipped or jackknifed, it can take an hour or more to clean up and this is valuable time that might be lost if you delay.

Notify your Insurance Company
In most states, you will be required to share insurance information with any other drivers. Do not attempt to get documents from your vehicle until it is safe to do so! This is usually after the police have arrived to control other traffic. When talking to your insurance company keep your statements brief and to the point. You are reporting an accident – you do not have to give all the details at this time.

Obtain information from other parties

You should note all the information you can about the truck, the trucking company (many are leased and owned by someone other than the driver), the markings and plate on both the trailer and the tractor (the front ‘truck’ part of a semi truck), and whatever information you can get from the driver, such as insurance and contact information for his company.
You should also try to get the names and phone numbers of any witnesses. Too often, witnesses leave after talking to the police, who may or may not get the information you need to contact them later.

Other steps

Your attorney will walk you through other things you should do after a trucking accident, and these will probably include seeing a doctor as soon as possible for an examination. It might include getting pictures of injuries you or others received.

Your lawyer will get a police report and contact witnesses. They will ask you to write out what happened as you remember it shortly after the accident. A good accident attorney knows that memories fade and having a written record may be critical later on.

Our Law Firm handles commercial truck accidents and can help you with your case. Although the initial steps above are very important, they only represent immediate action, there is much more to be done.

If you have been in a trucking accident, you may contact us for a free case evaluation.

Understanding personal injury

Do you want To Understand Personal Injury

Did you sustain a personal injury? You are not alone. And worse, people need to go to court regarding the injury, which is not easy. Learn how to deal with these legal aspects with the tips here.

Look online to seek how a personal injury attorney is rated. Do not simply call the voice speaking the loudest on TV. They do not always represent the best option, and you really should do more research.

More on this website

If you believe you may have grounds for a personal injury case, see a physician immediately. It’s important that your information be documented as soon as possible. It will be used as valuable evidence later, but by the time you have your day in court, the injuries may have healed and you will have no proof of them.

Try to find a local personal injury attorney. Just saying, local attorneys might be more accessible to you and that can lead to you being more satisfied with what they do. You also won’t have to make long distance calls, you can have quicker communication, and you can meet with them easier.

While it may sound expensive,looking up a “board certified attorney” is most likely your best bet when you want to having your personal injury case resulting in a favorable outcome for you.. This means hiring someone who has a great deal of these type of cases under his belt along with many checks in the “win” column.

When working with an insurance company, always proceed with caution. You may have to deal with more than one, depending on the details of your case. Insurance companies do not want to give you money. You may wish to consult a lawyer before accepting anything from an insurance agency.

Hire a lawyer located where the court your personal injury trial will be playing out is located. This ensures they can easily get to the court for your dates, plus they know the local laws and understand them to a “T”. They may also be familiar with the judges and their personalities, which can benefit your case.

Look for a lawyer willing to work on a contingency basis. This means that your lawyer will not get paid unless you receive a settlement. Not only will this mean your lawyer has a vested interest in getting you a good settlement, it also means you won’t be left with a large legal fee should your case be dismissed.

You need to have a budget set up before you hire a lawyer. The costs can easily skyrocket if you don’t present your budget to your lawyer before they begin. Try to find someone who will work on a conditional basis so you only have to pay them if they win your case.

If there is no other circumstance to believe that you is a lay down, then many attorneys will take it on. These contracts state that you only pay the lawyer’s fee if they win the case for you. While you’ll end up paying more, this ensures you’re not out if you lose.

Just because your lawyer has a lot of stuff hanging from his walls doesn’t mean that that he is the best candidate to taking on your case. Check out all of his qualifications, including calling past clients if possible, that he offers as referrals. Checking out groups he is supposedly affiliated with, and checking with his alma mater. Check that his law license is still valid, too.

A personal injury can be devastating. People dealing with these types of cases will experience all kinds of legal issues. The pain can be tough to deal with, but your case doesn’t have to be. Keep these tips in mind for your injury case, hopefully you will find the best personal injury attorney suited for your case

10 Common Mistakes When Drafting a Will

Wills can be intimidating. Aside from the contemplation of death, trying to craft a legal document that accomplishes everything you want can be a daunting task. Interpreting wills without the help of the person who drafted it is a notoriously tricky practice, so getting it right is essential.

With so many ways to get it wrong, how do you make sure you have a valid will that properly takes care of your estate? Be sure to avoid these common mistakes when you draft your will:

1. Writing It by Hand

Yes, you can write a will by hand, but you probably shouldn’t. While some states recognize handwritten (or “holographic” wills) they may limit what they can bequeath or how they can be revised. You’re better off having a type-written will (perhaps using this sample form) signed by two witnesses if you want to guarantee the will is valid.

2. Not Knowing State Law

State wills laws can vary, and each state has its own particular rules on validity, construction, and interpretation. Just because a will is legal in one state, it may not be in another. Knowing the ins and outs of state statutes on wills is essential if you want to your will to successfully distribute your assets after death.

3. Including Things You Shouldn’t

The natural inclination is to make sure all of your possessions are listed in your will. But there are things you shouldn’t include in your will. Things like your funeral plans, life insurance and retirement plans, jointly held property, and your “digital estate” can and should be left out of your will. (And you should probably avoid any illegal gifts and requests as well.)

4. Not Including Your Business

One thing that should be included in your will is your business, especially if you are a sole proprietor. Whether you plan to keep a business in the family through a trust or you want the company sold upon your death, your business interests should be addressed in your will.

5. Not Creating a Living Will

Wills don’t only take care of your assets after you die. Your will can also take care of you while you are alive. A living will is a legal document that sets out how you want to be cared for in case of a medical emergency or if you become incapacitated. A living will can cover topics like resuscitation, desired quality of life, and end-of-life treatments, and can also include any treatments you don’t wish to receive. (And if you are considering a living will, you may also want to consider a durable power of attorney as well.)

6. Not Making Revisions

Just because your will is drafted, doesn’t mean it’s done. Life circumstances can change, and you may need to revise your will. Marriage, divorce, children, business acquisitions, and asset sales can all affect the terms of a will, so make sure that any major life changes are met with revisions to what will happen to your estate after death.

7. Leaving Everything In the Will

Just because you want to leave things to your heirs and beneficiaries doesn’t mean you have to do it through a will, and you don’t have to wait until you die. Giving gifts while you’re alive can mean avoid a big tax hit in death. The IRS allows gifts up to $13,000 a year per individual to go untaxed. So not only does the recipient save the tax hit on the gift today, it avoids estate taxes later.

8. Not Understanding the Tax Code

Speaking of estate taxes, they can be some of the most confusing of an already complex set of statutes. Estate tax law is difficult even for the experts, and, like wills laws, estate taxes can vary by state. It may take an expert eye to make sure you’re not burdening your beneficiaries when you’re just trying to bestow a gift.

9. Waiting Too Late

You’re never too young to write a will, as long as you’re over 18 when you draft it. Planning for your death while you’re still in the prime of your life may feel unwarranted or uncomfortable, but dying without a will is worse. If you die intestate, your assets go into probate — a process that can be lengthy and expensive.

10. Writing It Yourself

There’s no law saying you can’t write your own will. But understanding the other laws that apply to wills may necessitate calling in a professional. This simpler your estate and family situation, the easier it will be to draft your own will. But if you want to feel confident that a will can account for a more complex asset situation, you may not want to go the DIY route.

The best way to avoid these mistakes is to consult with an experienced estate planning attorney before drafting your will.