If your lawyers discover the insurance people are misinterpreting the terms of your policy or they are misrepresenting established facts, they can be accused of bad faith.
Many West Virginia residents discover the hard way that their insurer is not their friend in need and the company has no intention of respecting its obligations when it comes to paying damages. When you buy home insurance, the policy is a legal contract and both parties have rights and obligations. You paid your premiums on time and now you expect them to fulfill their legal obligation and cover the damages to your house. If your valid claim was denied or if the company has been unreasonably delaying the investigation into your claim, it’s time to look up the best homeowners insurance claims denial lawyers in West Virginia and let them recover the money you are owed.
A denial is not a final decision
The wording on the denial letter and the firm voice of your insurance agent giving you the bad news may lead you to believe that the decision is final. That’s the end of it, go find the money elsewhere! Insurance company representatives use such intimidation techniques to dissuade you from pursuing your claim any further. Do not expect them to even mention the possibility of an appeal. Yet, under West Virginia law, you are entitled to file an internal appeal requesting them to reconsider your case. Much depends on how you proceed at this point.
If you go begging them to reexamine your case, they won’t be impressed. They know full well that you badly need the money to fix your house, but they also need the money because insurance companies are accustomed to making huge profits.
What you need at this point is a no-nonsense home insurance claims lawyer in Charleston to formulate a convincing and very much to the point appeal. An experienced attorney will lay out the legal arguments that justify your claim and rubbish their reasons to deny your request for money.
Examine the motivation letter carefully
The insurance company is obligated to send you a letter of motivation explaining why your claim was denied, on what grounds. You should get a skilled insurance claims lawyer to help you understand why your claim was denied, as it certainly won’t be written in plain English, but in legalese. Your lawyer will then review your insurance policy, including the fine print and the exclusion clauses to see if their denial is justified or not.
If your lawyers discover the insurance people are misinterpreting the terms of your policy or they are misrepresenting established facts, they can be accused of bad faith. Your lawyer will make that clear in the appeal letter so they know they cannot mess with you.
Ask them to review your case
When you file an internal appeal, the insurer is obligated to review your case. If your lawyer finds it necessary you may submit new documents proving the validity of your claim.
At this point, the insurance company may reconsider its initial decision and grant you the damages you requested. If they don’t, your lawyer will prepare a lawsuit. If the case goes to trial and the insurer is found guilty, the judge may order the company to pay punitive damages on top of the money you were owed for your losses.