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Fulgham Hamptom Law Group Blog

May 18
2020

Language to Look for in Your TX Business Insurance Policy

Bad Faith Insurance | Business Insurance Claims | Business Interruption Insurance Claims | Coronavirus / COVID-19 | Insurance Claims

Lockdowns brought on from the COVID-19 pandemic have virtually decimated businesses around the country. Texas is no different, and our business owners around the state are struggling to reopen, too.

Most Texas business owners purchased business interruption insurance for these exact types of situations. However, even those who planned carefully for scenarios like this are finding out the hard way that the language surrounding insurance policies can be tricky.

It turns out the policies they’ve purchased don’t automatically allow for payouts when the interruption was from a viral outbreak or similar circumstances.

So, how do you know if your business can file a business interruption claim? There is specific legal language you need to look for and understand in [...]

Apr 24
2020

Great American Refused to Pay $1.5m Texas Business Claim

Bad Faith Insurance

A jury in the state of Texas recently ruled that Great American Insurance Company breached the policy contract it held with Compass Well Services LLC, a hydraulic fracking company.

As reported, the ruling states that Great American Insurance Company acted in bad faith when it refused to cover losses incurred by Compass Well Services after a drilling well accident. According to the court documents, Great American Refused to cover $1.5 million in damages Compass incurred by claiming insufficient evidence on the part of Compass Well Services.

The case highlights the importance for companies to understand their rights when dealing with insurers. Insurance companies, like any other company, must adhere to federal and state laws.

What Constitutes Bad Faith in Texas?

[...]
Sep 27
2019

Common Reasons Texas Insurers Deny Homeowners’ Claims (And What to Do)

Bad Faith Insurance | Homeowner Insurance Claims | Insurance Claims

When an unforeseen accident or disaster causes damage to your house, you may be stressed but reassured by the thought, “At least I have homeowners’ insurance!”

So when your homeowners’ claim is denied by your insurance company, it can come as an especially heartbreaking shock. Unfortunately, this situation is all too common in Texas.

Self-interested insurance companies may seek every possible opportunity to deny your claim in order to avoid paying it. We’ve explained some of the most common reasons insurers deny claims in Texas below.

Of course, for all the reasons your claim could be denied, there are usually ways to avoid them, so we’ve included a bit of advice, too.

You Filed Your Claim Too Late

[...]
Jul 31
2019

Even If Your Insurer Pays, It Might Still Be Bad Faith in TX

Bad Faith Insurance

Texas Supreme Court opinions on two recent “bad faith” claims are likely to change the way insurers do business in the Lone Star State.

In both cases, the policyholder submitted a claim to State Farm – one of the five worst insurers profiled in our Bad Faith Rogues Gallery earlier this year.

Both claims were denied coverage on the basis that the observed damage didn’t exceed either policy deductible. Only when first-party bad faith lawsuits were filed did this insurer attempt to take corrective action.

What exactly happened?

Below, we’re going to take a closer look at these cases, what “bad faith” means in Texas, and the changes expected in the handling (or mishandling) of future insurance claims due to [...]

Jun 28
2019

Texas Insurance Claim Problems? What You Can Do

Bad Faith Insurance | Insurance Claims

As a policyholder, you no doubt took care to select a policy that would ensure financial relief in the event of a loss. You’ve also probably paid your premium faithfully to make sure that you’d be covered should disaster strike.

So when your insurance company doesn’t come through for you, the impact can be devastating. What most people don’t realize is that they don’t have to accept this behavior. If you’re having trouble with your Texas insurance claim, there are many options to make things right.

Its possible issues can be resolved simply by working with your insurer, but sometimes Insurers unreasonably deny or delay a claim, or unfairly undervalue valid claims.  If working directly with your insurer isn’t effective, [...]

May 9
2019

First Party Bad Faith vs. Third Party Bad Faith in Texas

Bad Faith Insurance

At its most basic, an insurance policy is a contract. You pay your premiums on time, make an honest effort to protect whatever or whomever the policy covers, and in exchange, your insurance company agrees to evaluate your claims fairly and pay them on time.

That’s the deal. The agreement. The very minimum that they should do.

When that doesn’t happen and it appears they’re acting in dishonest and deceptive ways, your insurer is considered to be acting in bad faith. This means that you have grounds to file claim against them in civil court in an attempt to recover compensation.

Before you do that, though, it’s important to understand which kind of bad faith claim you’re going to [...]

Feb 15
2019

The Bad Faith Rogues Gallery: Texas Insurers Known for Behaving Badly

Bad Faith Insurance

This day and age, it seems nearly every company we each do business with attempts to fleece us in one way or another, and insurance companies are some of the worst.

We pay our premium with the belief that when we need help, our insurers will financially back us. However, time and time again, this isn’t the way it ends. Instead, far too many claimants end up caught in unnecessary and often illegal battles with the very organizations that are supposed to be protecting them.

If you feel you have not been treated fairly when attempting to have an insurance claim processed, don’t just assume you’re overreacting. Not only does this happen, there are actually a number of insurers who [...]

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