“Bad faith” insurance litigation is the layman’s term for a claim or lawsuit alleging an insurance company failed to treat a customer fairly and appropriately or failed to comply with Texas state law regarding how to handle a claim. There are a number of ways that an insurance company can act ‘in bad faith,’ while processing legitimate benefits claims. Some of these include:
- Failure to promptly process a legitimate benefits claim
- Demanding burdensome, excessive amounts of documentation from a policyholder to process a claim
- Falsely claiming to have lost, or have never received, pertinent information
- Falsely claiming that information was not received in a timely manner while processing a legitimate claim for insurance benefits
- Consistently employing and utilizing medical or engineering experts who always side with the insurance company
- Declining to conduct a thorough investigation of a claim
- Fraudulently asserting that a legitimate claim is not covered by the policy
- Remitting only partial benefits owed, rather than full benefits
- Submitting a “low-ball” offer far below a reasonable value
- Failing to comply with state laws
- Providing any of a wide variety of improper excuses to wrongfully deny, delay or obstruct a legitimate benefits claim
If you’re being stonewalled by an insurance company regarding a legitimate claim, it can be a frustrating, hellish nightmare of a task. Our insurance litigation attorneys at The Law Offices of Garcia & Ochoa have experience holding disreputable insurance companies accountable and winning sizable compensation packages for our clients. We would love to help you navigate the intricacies and byzantine nuances of the claim presentation and preparation processes. Our insurance litigation attorneys are experts in determining what documentation must be provided to the insurer to best protect and preserve all the policyholder’s legal rights under various types of insurance policies.
We also will work in conjunction with public insurance adjusters, corporate counsel and corporate risk managers to resolve coverage disputes during claims adjustment, investigation, and insurance litigation.
Some Examples of Insurance Litigation Claims
- Bad Faith
- Residential Property Claims
- Commercial Property Claims
- Claim Presentation
- Coverage Dispute
- Sinkhole Claims
- Alternative Dispute Resolution
- Business Income Loss
- Agent Negligence
Seek the Compensation You Deserve
In the U.S., insurance companies owe a duty of “good faith and fair dealing” to every individual or organization they insure. An insurance company, therefore, is required by law to treat their customers fairly and honestly. This obligation is automatically placed upon an insurance company by law in every insurance contract and cannot be waived or amended.
The law places this obligation on insurance companies because they are so large and powerful that it is not feasible for a customer to negotiate the terms of an insurance policy in a fair manner. Generally speaking, insurance companies offer only a “take it or leave it” policy, and the customer has no ability — or, at best, little ability — to negotiate the terms. Because of the disparity in bargaining power, the law places an additional requirement upon insurance companies to treat their customers fairly – and there are very serious consequences if they fail to do so
If you have been wrongfully denied benefits by a large, faceless insurance company, please reach out to our Texas insurance litigation attorneys at The Law Offices of Garcia & Ochoa. We have many years of experience successfully holding insurance companies accountable for their wrongdoing and winning compensation for our clients. Call us today to schedule a free consultation, and we will sit down with you, go over the details of your particular, individual case, and help you determine what is the next, best step for you and your family.