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McAllen Bad Faith Insurance Lawyer | McAllen Insurance Litigation Attorney

McAllen Insurance Claims Attorney

If you have been offered an unfair settlement or have had your claim denied by your insurance provider, you may feel helpless to do anything to fight back. a McAllen bad faith insurance lawyer knows how to deal with these situations and can help make sure that you are not taken advantage of by your insurance company.

McAllen bad faith insurance attorneys handle cases including:

• Insurance Litigation
• Disability Insurance
• Life Insurance Policies
• Fire Insurance Policy Litigation
• Health Insurance Policy Claims
• Automobile Insurance Claims
• Uninsured Motorist Claims
• Property and Casualty Insurance Coverage
• Homeowners Insurance Litigation
• Accidental Death Policies
• Bad Faith Insurance Claims
• Uninsured - Underinsured Coverage

What is Bad Faith Insurance?

There are a variety of ways in which an insurance subscriber can be mistreated by the insurance company with whom they hold a policy. A claim may be wrongfully rejected, the company may make unreasonably slow payment, the investigation may be improper, or the company may make only partial payment. When any of these things occurs, the insurance company has acted in bad faith. This is a nationwide phenomenon and happens to McAllen, Texas, policy holders all the time.

The bottom line is that insurance companies are in the business of making money. Their goal is to accept premiums while paying out on as few claims as possible. Call a McAllen bad faith insurance lawyer to help you fight back!

McAllen, TX Bad Faith Insurance Lawyer

In Texas, an insurer has the responsibility to deal with its insured with a high standard of care. Insurance contracts imply a fiduciary duty flowing from the insurer to the insured. This means that the insurance company must treat the policyholder with a duty of care and loyalty by dealing fairly, honestly, and in good faith at all times. If the insurance company breaches its contract with the policyholder, the policyholder may have a cause of action, which, in Texas, is called “First Party Bad Faith Litigation.” If you are a McAllen area policyholder and your insurance company has acted in bad faith with regard to your policy benefits, please do not hesitate to contact a McAllen bad faith insurance lawyer or Hidalgo County bad faith insurance lawyer today to discuss your case.

There are many types of insurances sold by many different types of agencies and agents. Below are just some insurance agents in the McAllen, Texas area:

What Protections Does Texas Law Provide Against Abuses by Insurance Companies?

The Texas Insurance Code has the following laws for governing the behavior of insurance companies:

• 542.001. Short Title;
• 542.003. Unfair Claim Settlement Practices Prohibited;
• 542.004. Examination of Tax Returns Prohibited;
• 542.005. Record of Complaints;
• 542.006. Periodic Reporting Requirement;
• 542.007. Comparison of Certain Insurers to Minimum Standard of Performance; Investigation;
• 542.008. Complaints Against Insurers; Investigation;
• 542.009. Review of Investigation Results; Hearing;
• 542.010. Cease and Desist Order; Enforcement;
• 542.011. Time Limit to Appeal;
• 542.012. Attorney's Fees;
• 542.013. Personnel; and
• 542.014. Rules

Furthermore, the Texas Unfair Claim Settlement Practice Act provides a list of illegal settlement practices, such as:

1. Knowingly misrepresenting pertinent facts or policy provisions relevant to the claim.
    
2. Failure to respond to communications concerning the policyholder’s claim with reasonable promptness.
    
3. Failure to implement reasonable standards for quickly investigating claims arising under one of its policies.
    
4. Failure to make prompt and fair settlements in good faith when there is reasonable certainty regarding liability on a claim.
    
5. Compelling subscribers to take legal action to recover benefits due to them under their policy by offering a settlement for substantially less than fair value of the claim, or than what would be recovered in a lawsuit.
    
6. Failure to maintain accurate and complete records of all complaints over a period of three years since the date of last examination by the commissioner of insurance or last examination, whichever time period is shorter.
    
7. Committing other actions, which the State Board of Insurance has defined, by regulations adopted pursuant to its rule-making authority, as unfair claim settlement practices.

For more information, contact a McAllen insurance attorney. You may also wish to consult the Texas Insurance Code 542.001-542.302.

What Can a McAllen, TX Bad Faith Insurance Lawyer Do For You?

As noted, McAllen insurance attorneys who handle bad faith insurance cases represent policyholders in claims against insurance companies that have refused to pay a claim that the insurer may be legally obligated to pay, or have denied an insured’s claim without conducting a proper investigation. When the insurer acts in bad faith, then a McAllen insurance lawyer can help you get the following legal remedies and damages:

1. Money the insurance company owes you under the policy.
2. “Extra contractual” damages or damages outside of and apart from the contract itself.

McAllen insurance lawyers encounter bad faith insurer practices in the following areas:

1. Disability Insurance
2. Life Insurance Policies
3. Health Insurance Policy Claims
4. Auto Insurance Claims
5. Property Damage Claims

McAllen Insurance Unfair Practices Attorneys Serve

Clients throughout Southern Texas, including Alamo, Alton, Citrus City, Combes, Doffing, Donna, Doolitte, Edcouch, Edinburg, Elsa, Granjeno, Harlingen, Hidalgo, La Horna, La Joya, La Villa, Lopezville, Lull, McAllen, Mercedes, Mission, Olivarez, Palmhurst, Palmview, Pharr, Progreso, Raymondville, San Juan, Sullivan City, Weslaco and other communities in Hidalgo County.