Retaining a thorough and comprehensive homeowners insurance policy is essential for protecting your valuable property. While mortgage companies will require you to obtain this protection as a prerequisite for obtaining a mortgage, all responsible homeowners should keep these policies in place as protection against both property damage and liability for accidents.
Unfortunately, the companies that provide homeowners insurance do not always treat their customers fairly after a devastating incident. They may deny seemingly legitimate claims for a variety of reasons, leaving you responsible for paying the costs of all necessary repairs. A Houston homeowners insurance claims lawyer wants to help you to fight for what is right. Our first party insurance attorneys at Kirk Law Firm, PLLC could work to analyze your current homeowners insurance policy, determine the cause of a claim denial, and demand that insurance companies provide the benefits outlined in their contracts according to state law.
Homeowners Insurance Policies Fall Under Contract Law
Companies that offer homeowners insurance policies often deny claims for a variety of reasons. They may allege that a policyholder was not up to date on premium payments, or they could deny a claim due to the damage not being covered under the terms of the policy.
At their root, these denials fall under the umbrella of contract law. In essence, insurance policies are contracts whereby a provider agrees to pay out benefits in case of a covered loss. Homeowners who believe that a failure to pay benefits after a loss was illegal may have the right to demand enforcement of a contract through a civil lawsuit. Our Houston homeowners insurance claims attorneys could work to analyze the content of a policy, as well as a denial letter, to determine if a breach of contract has occurred. If so, they are prepared to demand enforcement of that contract through whatever negotiations and lawsuits necessary.
State Law Requires Insurance Companies to Act in Good Faith
Homeowners who have received a denial on a claim may have additional options under state law. The insurance industry must comply with a collection of laws that prohibit deceptive and unfair trade practices in the insurance industry. More specifically, Texas Insurance Code § 542.003 defines a collection of business practices that are in violation of the law, including:
- Knowingly misrepresenting facts about a claim to a client
- Failing to respond promptly to a client’s communication
- Not imposing proper procedures for investigating claims
- Failing to offer a fair settlement when liability is reasonably clear
Consulting with one of our Houston homeowners insurance claims lawyers could help property owners to determine if an insurance company has violated this essential law.
These violations could occur in many ways and at any point during the claims process. For example, an insurance company that immediately attributes damage to a non-covered source may violate state law by not properly investigating the incident. At the same time, a company that fails to provide a thorough reason for a denial may also be dealing in bad faith. Finally, a failure to provide a fair payment offer after an evaluation of damage and an estimate on repairs could also signify a violation of a policy holder’s rights.
In these situations, a property owner may be able to file a lawsuit demanding actual damages, statutory interest, and attorney’s fees. A Houston homeowners insurance claims attorney is prepared to take the lead in evaluating the actions of insurance companies and hold them accountable in court.
Reach Out to a Houston Homeowners Insurance Claims Attorney Now
Any company that issues homeowners insurance policies must administer those policies in good faith. Under state law, this includes providing accurate information to customers, providing prompt communication, properly investigating claims, and offering fair settlements when liability becomes clear. Unfortunately, homeowners insurance providers in the Houston area do not always comply with these requirements. This may result in people like you receiving denials of claims or settlement offers that do not properly cover your losses.
If you have experienced this injustice, speak with a Houston homeowners insurance claims lawyer at Kirk Law Firm, PLLC today. Our team of knowledgeable attorneys could explain your rights under the law, evaluate the language of your policy, and negotiate on your behalf with stubborn insurance companies. If this fails to bring a fair resolution, they are prepared to pursue bad faith insurance or breach of contract lawsuits in court on your behalf. Give us a call now to get started on your claim.