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Fulgham Hamptom Law Group Blog

Nov 20

Did You Know Your Texas Insurer Could Owe You Interest?

Bad Faith Insurance

Insurance companies in the United States are given the implied covenant of fair dealing and good faith in their duty of serving their clients. When insurance companies fail to live up to this covenant, then a bad-faith lawsuit can result.

In Houston recently, a bad faith insurance lawsuit resulted in the ruling that policyholders can collect interest on late claim payments even if the insurance company wasn’t acting in bad faith but merely delayed payments.

This is great news for policyholders but still begs the question – how do you know when an insurance company is acting in bad faith?

Here’s what you need to know about bad faith claims laws in Texas so you can understand when it may [...]

Oct 7

Texas First-Party Claims: Is My Insurer Acting in Bad Faith?

Bad Faith Insurance | Insurance Claims

When making an insurance claim in Texas, you’re basically requesting compensation from an insurance company for losses you may have had from an accident or other event that should be covered by your policy.

Once a claim is filed, the insurance company reviews the details of your case and issues payment to the parties affected. That’s how it should work, anyway.

First-party insurance claims in Texas can be a little confusing at times, but that confusion can be compounded by dealing with the insurance company.

How do you know if your insurance company is acting in bad faith and what can you do? Read on to find out.

What is a First-Party Insurance Claim?

A first-party insurance claim is an [...]

Oct 1

Underpaid Texas Claim? Payment May Come from Different Departments

Bad Faith Insurance

When you reach an insurance settlement, then most people think the hard part is over. However, waiting to receive that check in the mail can be one of the most frustrating parts of the entire process, especially if costs associated with the insurance claim are piling up.

Part of the reason that insurance claims can take so long is that payments can come from different sources or departments.

However, there are times when an insurance company may not pay out what you were expecting — even when you’ve provided all the pertinent documentation to the various departments.

That’s when bad faith claims start to sound like a good idea. So here’s what you need to know about what duties an [...]

May 18

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

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

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

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 [...]

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