Insurance Law

Your Trusted Texas Insurance Claim Attorney

Insurance companies often limit or deny coverage or even delay payment on a proper claim. Sometimes this is done without a proper investigation of the claim. Sometimes this is done without any justification, and without any notice or warning to the policyholder. When insurance companies handle your claim improperly it’s called Bad Faith claims handling. Luckily, Texas has strong consumer laws in place to protect policyholders from insurance companies that act in bad faith. Although not every denial by an insurance company will be classified as bad faith, you should contact an attorney if you feel that you have been treated unfairly.

A Few Examples of Insurance Company Bad Faith Claims Handling:

  • Failure to disclose policy limits
  • Offering substantially less money to settle than the actual claim value
  • Refusal to properly value or pay the claim without actually investigating it
  • Unwarranted denial of coverage
  • Failure to conduct a reasonable investigation of the claim
  • Failure to communicate certain information to the policyholder
  • Failure to pay or deny the claim, or to confirm or deny coverage of the claim within a reasonable time period
  • Failure to respond to a time limit demand
  • When liability is clear, failure to attempt to come to a fair and reasonable settlement
  • Failure to enter into any negotiations for settlement of the claim
  • Failure to promptly provide a reasonable explanation for denying the claim

When to Call an Attorney

If you feel like your insurance policy is worthless and you have no recourse, it’s time to call an attorney. If you can’t make repairs for the money the insurance company has allowed, it’s time to call an attorney. If your insurance company refuses to perform further investigation or will not be reasonable with you, then it is time to contact an attorney! How do you know whether the insurance company’s acts are truly in bad faith? Start by contacting a law firm that knows insurance law. In one phone call you can be better informed about  whether the insurance company’s actions fall under the definition of bad faith and if you should contemplate legal action.  

What Will It Cost to Hire an Attorney?

Most attorneys, including The Von Dohlen Law Firm, will work on a contingency fee basis when dealing with bad faith cases. This means that you will not pay the attorney to take on your case. Instead, the attorney’s fees for representation will be a percentage of the final settlement. This helps you, the policyholder lower your risk and levels the playing field with the insurance company. Not all cases can be taken on a contingency basis so make sure you understand how the fees shall be paid before you hire any attorney to handle your case.

What Duty Does My Insurance Company Have to Me?

If you are the policyholder and you make a claim, the relationship is known as first-party coverage – you have a direct, contractual relationship with your insurance company and your insurance company owes you a very high standard of care. When filing an insurance claim with your insurance company, it becomes your insurance company’s duty to act with good faith and fair dealing. The duty of Good Faith and Fair Dealing arises by common law (case history through the courts) and by statute under the Texas Insurance Code. The insurance company has a legal obligation to properly investigate your claim and properly pay a valid claim. The insurance company must not attempt to avoid its legal obligation to investigate or pay the claim. Looking for ways to escape this legal obligation would fall into the category of bad faith.

Type of Claims We Handle

The Von Dohlen Law Firm handles most types of insurance claim cases. Below are some of the varieties of claims we handle. If you do not see your type of claim listed below feel free to contact us to discuss your specific insurance claim.

Residential – Homeowners Insurance Claims

When your home is damaged, you lose far more than material possessions, you lose memories as well. Damage to your property can be stressful, especially when you find out that your homeowner’s insurance claim is being denied, delayed, or underpaid. This can leave you emotionally and financially devastated. The Texas insurance litigation attorneys of The Von Dohlen Law Firm can help you get the money your insurance company refuses to pay for your residential property claim. Let our team of legal professionals handle your insurance company that attempts to deny, delay, or underpay your claim so that you can get back to living without worry and stress.

Condominiums and Townhomes – “COA and HOA”

(Association Managers and Members of Condominium Owners Associations and Homeowners Associations)

Condominium and Townhome insurance claims are different than other claims. It’s important to establish the division of responsibility between the Unit Owner and the Association. These interests are usually defined in documents known as Covenants, Conditions and Restrictions (commonly called “CC&R’s”). The interests of both the Unit Owner and the Association must be taken into consideration and claims must be made to the correct insurance company. Robert Von Dohlen has handled hundreds of COA and HOA claims and knows how to help both Unit Owners and Association Managers in dealing with their claims.

Commercial Properties

Natural disasters not only affect individuals but businesses as well. Damage from fire, tornado, wind & hail, and hurricanes can affect business operations including stock value, income stream, profit, and productivity. If an insurance company is refusing to pay your commercial insurance claim swiftly and in full, the resulting losses can be substantial! Your business needs proper compensation so that you can get your business back up and running without delay.

Boat & Marine

We at the Von Dohlen Law Firm investigate and litigate Hull & Machinery losses as well as Cargo claims. Whether you are dealing with liability, economic loss, or damage of property – we bring solid experience in handling marine losses.

Churches

Damage to a church or temple extends beyond the structural damage. Damage from fire, wind, hail, theft, hurricane, vandalism, or tornados affects individuals in the congregation – especially if the damage keeps your organization from being able meet and minister as expected. Hire a qualified insurance claims attorney sensitive to your organization’s needs to help restore operations without further delay.

When disaster or the unexpected strikes, you depend on your insurance company to be there for you. Every month, you faithfully pay your premiums. When you make a claim you expect the insurance company to hold up its end of the bargain. Unfortunately, many claims in Texas are wrongfully underpaid, denied, or delayed. If your insurance company is not settling your claim correctly, call (713) 443-6730 for a consultation or contact our office online today. We only get paid when you win, and we will fight to ensure that your insurance company pays every cent owed on your claim.