Battle Over Property Claims and Litigation in Texas Set to Continue in 2017

By | December 19, 2016

  • December 29, 2016 at 4:02 pm
    Mr.Insurance BrokerSF says:
    Like or Dislike:
    Thumb up 0
    Thumb down 1

    Insurers use expert specialist law firms to draft their policy language, which even in so called “plain language” forms tends to confuse most readers, and while most insurers goal may be to pay all they owe on each claim, most policyholders would never know if they were not receiving full value from their insurer, because they can’t understand the policy, limitations, conditions, exclusions, and most of all case law presidents impacting claim payment rights which are not even listed in the policy! Usually the only people who really know what the rights of the policyholder are would be the a) the insurer, b) state Ins. Dept Legal Dept., c) an attorney familiar with this type of case, d) a Public Adjuster. In reality, where a policyholder chooses to hire independent consultants to settle their claim, the net to the policyholder should be reduced by the cost of those consultants. The exception is where the insurer is not offering full and fair settlement, so if the attorney or public adjuster succeeds in identifying additional payments due the insureds, then those may offset the cost of the professional’s fees. If and where fraud or bad faith is involved, the courts will sort it out.



Add a Comment

Your email address will not be published. Required fields are marked *

*