A homeowners' insurance provider will try to lead you to believe that they are being fair and that they are justified in denying your claim. However, many insurance providers will, unfortunately, deny claims in bad faith. If that is the case, you will need to speak with an insurance litigation attorney on the next steps to take so you can be fully compensated.
The Insurance Policy and Your Claim
One of the first things you will do when speaking with an insurance litigation attorney is to read over your homeowners' insurance policy. This determines what is and isn't covered by your insurance provider. If you do not have a copy of your policy, you will can request a copy.
Your Claim Denial
You will then want to go over the reason for the claim denial. An insurance provider is required by law to state the exact reason that the claim was denied. Your attorney will then gather the facts of the case to determine whether they support your insurance provider's claim. Oftentimes, an insurance policy will come with many exceptions and limitations.
How to Appeal the Claim Denial
Your attorney will be able to appeal the decision by contacting the insurance provider or by mailing a letter. They will provide evidence that supports your claim and will then ask for the adjuster to review the claim again. The adjuster is more likely to take your claim seriously when you have hired an attorney.
However, the insurance provider might refuse to accept your appeal and you may need to take further action in response. For example, you could file a complaint with your state department of insurance. Sometimes the department is not able to help you, however, due to a lack of resources.
When to Sue the Insurance Provider
You might decide to take the insurance provider to court. Regardless of the opinion of the insurance provider, if the court decides that your claim should have been accepted, the insurance provider will be forced to compensate you. In addition, you may even reach a settlement with the insurance provider shortly before the trial as they attempt to avoid being sued.
There is no guarantee that you will win a court case. However, in many cases, the jury may rule that the insurance provider is not behaving in a fair manner and might award damages to you as the policyholder.
Contact a law firm like Berg Plummer Johnson & Raval, LLP to learn more.
