LegalReader.com  ·  Legal News, Analysis, & Commentary

Business

Insurance Claim Denial is Not Necessarily the End of the Line


— April 20, 2022

If your claim was denied, your lawyer will next examine the reasons for denial, which may or may not be justified. 


Metairie, LA – When they buy a new home, people get home insurance because it gives them peace of mind. Homeowners insurance is not mandatory in Louisiana, but people still buy it just so they can sleep easy at night. After all, this is how the insurance adjuster convinced you to get that policy, by saying you’ll be protected no matter what. The insurance company will pay for all the perils included in your policy. It is only when something bad does happen that you discover that your insurer has no intention of paying you damages. 

What can you do when an insurance company keeps delaying your claim, offers a ridiculously small settlement, or flatly denies your claim? You can fight back and the only way you can do that is by getting in touch with a good Metairie insurance lawyer. 

How can an insurance lawyer help you?

The main reason you need to talk to a lawyer is to ask them if what the insurance adjuster tells you is true or not. When you schedule a free consultation with an experienced Metairie insurance lawyer, the first thing they will do is read your insurance policy, including the fine print, to understand what’s covered or not, what is the deductible or whether there are any exclusions. Although they should be written in plain English, insurance policies are usually full of obscure legal terms only a lawyer can make sense of.

If your claim was denied, your lawyer will next examine the reasons for denial, which may or may not be justified. 

For instance, the insurance adjuster may claim the hurricane damage to your home is actually flood damage, so it’s not covered and you do not qualify for damages. Most standard policies do not cover flood damage, indeed, but when you know that the hurricane blew the roof of your house and everything was soaked by the torrential rain, a seasoned lawyer can help you prove it. If necessary, your lawyers may bring a public adjuster to look at the damage and formulate an independent opinion.

Lake Charles, LA January 18, 2006 - Blue roofs still dot the aerial landscape in southwest Louisiana, evidence of Hurricane Rita's power when she struck almost four months ago. Photo by Greg Henshall / FEMALake Charles, LA January 18, 2006 - Blue roofs still dot the aerial landscape in southwest Louisiana, evidence of Hurricane Rita's power when she struck almost four months ago. Photo by Greg Henshall / FEMA, public domain.
Lake Charles, LA January 18, 2006 – Blue roofs still dot the aerial landscape in southwest Louisiana, evidence of Hurricane Rita’s power when she struck almost four months ago. Photo by Greg Henshall / FEMALake Charles, LA January 18, 2006 – Blue roofs still dot the aerial landscape in southwest Louisiana, evidence of Hurricane Rita’s power when she struck almost four months ago. Photo by Greg Henshall / FEMA, public domain.

You need to keep in mind that a denial letter is not final. Under Louisiana law, you have the right to appeal the insurer’s decision. The company must hear the appeal and consider any new evidence your lawyers submit.

If they persist in denying your claim and your lawyers consider you’re in the right, you may be able to sue the insurance company for bad faith practices. This is a very serious charge and the insurer may be ordered to pay punitive damages on top of the compensation you were entitled to in the first place. 

In many cases, the prospect of being sued is enough to convince the insurer to pay up. 

If your claim was unlawfully delayed or underpaid, your lawyers will try to negotiate with the insurer and eventually file a lawsuit if an agreement cannot be reached. 

Attorneys near me

If you have problems with your homeowners insurance claim or have other legal issues, you may be wondering where can I find attorneys near me. Don’t worry, help is just a few clicks away. Just follow the link and select the legal area you’re interested in, your state and your city, choose a lawyer, and schedule a free consultation. They’ll take care of your problem in no time.

If you have a problem with your insurance company, schedule a free consultation with a reliable lawyer at the Houghtaling Law Firm, LLC in Metairie, and let them help you deal with your insurer.

Join the conversation!