Image Licensing Protections: An Introduction

When Is The Time To Move Forward With Insurance Litigation?

9 April 2021

Judy Alexander

Moving forward with insurance litigation sounds like a big thing to do. After all, suing your insurance carrier feels almost contrary to why you ever paid for a policy. There are times when it comes down to suing, though, and here are five instances where it might be time to talk with an insurance litigation attorney about doing so.

Denial of Claim Due to Non-Coverage

A common source of insurance litigation comes from disputes over whether a policy covers something. For example, an insurer might insist that storm damage was caused by flooding and that the customer doesn't have a flood insurance policy rider. These kinds of cases often come down to proving whether a particular type of damage was caused by a storm or a resulting flood. For example, a claimant might demonstrate that a tree limb punctured the roof of a building before any water got in.

Allegations of Misrepresentation

This sort of thing might end up being a simple claim denial or a more aggressive allegation of fraud. In either instance, an insurance litigation attorney can review the case and determine what the insurer might have missed. They can then present this as part of a suit showing that you didn't misrepresent the circumstances surrounding the claim.

Low Settlement Offer

While a lot of insurance litigation centers on rejected claims, some cases emerge because the claimant doesn't believe the settlement offer is right. This can be tricky because it's normal to still be negotiating at the time you decide whether to sue or not. However, you have every right to continue negotiations once you sue. Depending on how the insurer takes the threat of possibly going to court, it may even prompt them to avoid the legal challenges and settle at a number closer to yours.

Partial Responsibility

A similar issue can occur when an insurer holds a claimant partly reliable. This often means they'll only pay part of the claim. You may have to demonstrate why the finding is wrong and show that you deserve the full value you originally sought.

Catastrophic Coverage

In some circumstances, a claim is limited by whether the events were catastrophic. Generally, policies that have rules regarding catastrophic events only allow higher claims when something life-altering occurred. This sort of litigation hinges on showing that the criteria for the catastrophic portion of the policy were satisfied.

For more information about insurance litigation, contact a local law firm.

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