Texas Insurance Attorneys
We hold Insurance Companies Accountable!
Has your insurance company Unfairly Denied, Delayed or Underpaid your claim?
Insurance companies deny claims everyday for people and businesses because they are counting on you not fighting back. However, the Bad Faith Insurance Claim Denial Attorneys at Shawn Jaffer & Associates located in Dallas, Texas fight for you to get you the denied coverage and additional damages that you may be entitled to under the law.
We Take Lawsuits on a Contingency Fee Basis
Bad faith insurance claims occur when an insurance company acts in an unfair or dishonest manner while handling a claim. This can include denying a valid claim without proper investigation, underpaying a claim, or delaying the processing of a claim.
Under Texas law, insurance companies have a legal obligation to act in good faith when handling claims. This means they must thoroughly investigate claims, make a fair and prompt settlement offer, and provide a clear explanation for any denial of a claim.
If an insurance company is found to be acting in bad faith, policyholders may be entitled to additional damages beyond the amount of the original claim. These can include compensation for mental anguish, lost wages, and attorney’s fees.
It is important for policyholders to understand their legal rights and to seek the advice of an attorney if they believe their insurance company is acting in bad faith. An attorney can help investigate the claim, negotiate with the insurance company, and take legal action if necessary.
It is also important for policyholders to keep detailed records of their interactions with the insurance company and to document any delays or denials of their claim. This can be used as evidence in a bad faith insurance claim case.
In conclusion, policyholders have legal rights to fair and prompt handling of their claims under Texas law. If an insurance company is found to be acting in bad faith, policyholders may be entitled to additional damages and legal action can be taken. Policyholders should seek the advice of an attorney and keep detailed records of their interactions with their insurance company.
What is the Legal Process?
Under Texas law, before suing an insurance company for bad faith under the Texas Insurance Code, the policyholder must first provide the insurance company with a written notice of their intent to sue. This is known as a “notice of claim” or “notice of dispute.”
The notice of claim should include the following information:
- The policyholder’s name, address, and contact information
- A description of the policy and the claim that is being disputed
- A detailed explanation of the reasons why the policyholder believes the insurance company is acting in bad faith
- A demand for a specific amount of damages
- A statement that the policyholder intends to sue the insurance company if the dispute is not resolved within a certain period of time (usually 60 to 90 days)
It’s important to note that the notice of claim must be sent to the insurance company’s Texas-based registered agent for service of process, and must be sent via certified mail with return receipt requested.
It’s also important to keep in mind that the notice of claim must be sent within 2 years of the date of the act or omission that forms the basis of the claim or within 2 years from the date on which the act or omission was or should have been discovered.
Finally, after the notice of claim is sent, the insurance company has a reasonable time to investigate the claim and either resolve it or provide a reasonable explanation for its denial. If the policyholder is not satisfied with the insurance company’s response, they may then proceed to file a lawsuit against the insurance company for bad faith under the Texas Insurance Code.
We Serve Clients All Over Texas
If you believe you have a claim against your insurance company for damages and have been unfairly denied please call our offices today!
If you are interested in a Free Case Evaluation please contact our law firm located in Dallas, Texas but we serve all of Texas. We handle the following kind of Insurance Denial Claims:
- * Homeowner’s Insurance
- * Commerical Property Insurance
- * Fire Insurance
- * Life Insurance