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Disputed Insurance Claims

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What do you do when your insurance company says, "No" or denies your claim? Some people are advised to contact a Public Adjuster to prepare an estimate and negotiate with the insurance carrier. However, a Public Adjuster is not an attorney and cannot give legal advice or advocate for their client. So you are back to the question, what do you do when the insurance company says "No"? The Public Adjuster will likely advise you to invoke the appraisal clause or hire an attorney but will not be able to do anything beyond that.

At the Ramirez Law Group, we are experts at disputed insurance claims and charge the same amount as a Public Adjuster for exactly the same services. However, when the insurance company says "NO" we can actually fight for you.

When an insurance carrier gets an estimate for repair or a demand for appraisal from an attorney they are likely to know you are serious about receiving the attention you deserve.

Don't call a Public Adjuster, call the Ramirez Law Group, PLLC.

Disputed Insurance Claims 101

A standard homeowners’ insurance policy (typically known as an HO1) is essentially a contract between a homeowner and an insurance company insuring against certain risks. The contract’s provisions are commonly interpreted in ways that benefit insurance companies and often leave homeowners at their mercy.  However, insurance companies have a legal duty to deal with policyholders fairly and in good faith.

Known as the “Covenant of Good Faith and Fair Dealing,” this means that insurers must make reasonable efforts to compensate you for your losses and deny your claim only if they have conducted a fair and reasonably thorough investigation.

When insurance companies don’t deal fairly with their insureds, a “bad faith” claim can arise. Bad faith insurance practices take many forms. Declining to pay is the most serious – and often the most common.  Your insurance policy defines the types of risks covered and lists what risks are excluded.  While the process sounds simple, insurance companies use underhanded strategies to deny claims – regardless of what the policy dictates.

How An Attorney Can Help Fight Bad Faith Claims

Policyholders who suspect they have a bad faith claim can – and should – fight back with the help of an knowledgeable attorney. A lawyer can review your claim, analyze your insurance policy, explore the reason(s) for denial, gather evidence to file an appeal and take the insurance company to court if needed:

Reviewing your claim.  Filing a claim against an insurance company isn’t simple. You must “cross all your t’s and dot all your i’s.” Policyholders who have been through a traumatic situation often overlook details and then can’t get their insurer to explain what is missing, and this can lead to frustration and delays.  An experienced bad faith insurance lawyer can review your claim to determine whether it was filed correctly and ascertain what can be done to resolve the situation – to your benefit.

Reviewing your policy.  Your insurance policy will contain information on what is covered, what isn’t covered and specific situations or circumstances which can affect coverage positively or negatively.  Many homeowners’ insurance policies can, at first glance, seem to be very straight forward.  A standard policy consists of two sections and six areas of coverage, A through F, which address losses sustained to a dwelling; other structures; personal property; loss of use; personal liability; bodily injury; property damage; and medical payments.

Unfortunately, insurance policies are generally written in legalese and contain specific insurance terms that make understanding the policy a very difficult task.  A bad faith insurance lawyer understands the intricacies of insurance law and how courts interpret policy terms.  He or she can help you cut through the red tape, determine exactly what you are entitled to and get it for you.

Gathering evidence to file an appeal.  Appealing an insurance company denial involves gathering the right evidence to substantiate your claim.  This can include facts about what happened (extent of the damage, dates when the damage occurred and any extenuating circumstances which may have been involved), hiring an independent appraiser, taking pictures of the damage, documenting conversations with all representatives of your insurance company, locating witnesses to speak on your behalf and more.  A bad faith insurance lawyer knows what types of information may be applicable to your specific situation and what the insurance company might do to discount that information.

Taking the insurance company to court.  While many insurance disputes settle, many others do not.  Insurance companies often push the limit when it comes to relying upon their denials – especially when they feel that a policyholder (or the policyholder’s lawyer) won’t take them court.  At Ramirez Law Group, we don’t back down; we have the resources to see your case through to the end.  More importantly, insurance companies know that we are ready, willing and able to do just that.

Ready to Get Started?

Insurance companies have teams of attorneys to protect their best interests.  Make sure you have someone to represent yours.

Call the Ramirez Law Group, PLLC today at 480-454-6397 or contact us for a free consultation. We’ll get started on your claim right away.  We can represent businesses and homeowners throughout Arizona, call today for knowledgeable legal help.