Weatherford insurance attorneys and those in Mineral Wells, Aledo, Samson Park, Azle, Hudson Oaks, Peaster, Cool, Poolville, Whitt, Springtown, Millsap, Brock, and other places in Parker County need to know the various ways under the Texas Insurance Code and Texas Common Law that recovery can be made when an insurance claim is wrongfully denied by an insurance company.
“The Record,” a newspaper in Madison, Wisconsin ran an article telling us about a couple suing their insurance company pro se.
A Belleville couple is asking for more than $100,000 from insurance companies that allegedly denied damage claims without cause.
John F. Young and Anne M. Young filed the lawsuit May 31 in St. Clair County Circuit Court against Economy Premier Assurance Company, Met Life Auto and Home, Metropolitan Property and Casualty Insurance Company.
The defendants insured the couple’s home on Country Club Lane in Belleville, according to the complaint. The Youngs say included in the policies was coverage for mine subsidence, or issues caused by shifting and settling of mine-damaged land. The couple says the home on Country Club Lane had “substantial damage caused by mine subsidence” but says an insurance claim to pay for the damage was denied in June 2011.
The insurers allegedly told the Youngs the damage to their home was not caused by mine subsidence, a decision the couple calls “vexatious” because it allegedly came without a proper investigation. Because coverage was denied, the couple says it will be forced to pay for necessary repairs. The Youngs say they may be forced to move out of the property and pay living expenses elsewhere during the repair work. The couple says the alleged mine subsidence may ultimately lead to a decrease in the value of their home.
The Belleville couple accuses the insurers of breach of contract and vexatious denial of the claims. The Youngs ask to be paid more than $100,000 plus court costs.
In Texas, we are fortunate in that the laws here allow many ways to seek recourse against an insurance company that does someone wrong.
The most basic would be a claim for breach of contract. After all, an insurance policy is a contract between the insurance company and the insured. When the insurance company does not fulfill it’s responsibilities under the policy, they are “breaking” the contract.
What a lot of people do not realize, including attorneys, is that a breach of one of the rules regulating insurance is also a breach of the Texas Deceptive Trade Practices Act (DTPA). This law is found in the Texas Insurance Code, section 541.151. Both the DTPA and the Texas Insurance Code have many provisions that are helpful in making claims against insurance companies.
There is a “laundry list” of wrongs that can be committed by insurance companies. In the DTPA, this list is found in Section 17.46. In the Insurance Code, the list is not as well spelled out in a “list” but is found through out Section 541. Additional punishments are also found in Section 542.
There are also ways of dealing with agents of insurance companies. These agents include the person selling the insurance and the adjustors who investigate and evaluate claims made. Sections of the Insurance Code make these persons liable for their wrongs under the DTPA and the Insurance Code and make the insurance company responsible for their wrongs.
The sections of the Insurance Code are numbered into 6000. In addition, there relevant sections to investigate in the Texas Administrative Code, Family Code, Finance Code, Local Government Code, Penal Code, Probate Code, Property Code, and in Texas common law.
In short, there are many, many ways an experienced Insurance Law Attorney may be able to help when a person is treated wrong by an insurance company.
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