Who can sue in a first party insurance dispute?

The insured party, a named beneficiary, an intended beneficiary, or an injured person seeking recovery under another's liability policy can bring suit against another party who has injured them.

Who can be sued in a first party insurance dispute?

The exact answer depends on a number of factors, but parties who are potentially liable can include insurers, their agents, and their claims adjusters.

I have a new policy, but haven't received a bill or made a payment yet. Can I still make a claim?

Once an insurance contract is in effect, the insurer is obligated to accept and cover legitimate claims. The timing of bills and payments can be a factor depending on the terms of the insurance contract, but they don't necessarily mean that you cannot make a claim. In some circumstances, even an agreement by an insurer's agent to provide insurance can be sufficient to represent an oral contract that obligates the insurer to consider your claim.

What is Bad Faith?

An insurance company is obligated to act in good faith by assessing damages and paying claims promptly and according to the coverage in your policy. When they fail to act in this way, it is considered Bad Faith. Bad faith can take the form of delaying settlement of your claim, refusing to send an adjuster to assess your damages, or only paying a portion of your claim. If an insurance company acts in bad faith, they can be held responsible by filing a Bad Faith Claim lawsuit. In addition to paying you for your damages, the insurance company may have to pay punitive damages if it is determined they acted in bad faith intentionally or it was extreme.

Do I have to sue my insurance?

Let our firm evaluate your claim to determine if you are being treated unfairly and in if in fact your insurance carrier is acting in bad faith. Our trained staff will be able to assess if you have a valid claim on your business, home, or personal property and inform you of your options.

How can I afford to hire an attorney?

A policyholder with a valid claim will have their case litigated on contingency, which means you will not pay the attorneys at Arnold & Itkin LLP until we successfully resolve your insurance claim case. When you are facing difficulties because of a bad faith claim that is affecting your home or business, you do not need to be concerned with additional expenses to prove your claim is valid. We will pay for the cost of experts who can testify to the validity of your insurance claim.

How much do I have to pay you?

We work on a contingency fee basis, meaning you pay nothing unless we can recover for you. We take out 33% from any recovery you get before litigation and 40% if we file a suit on your behalf.

What should I do if my insurance company has not made me an offer?

Contact your insurance company in writing. If you still do not receive a response, try contacting the Director of Claims. You may also file a complaint the State Department of Insurance for your state.

My insurance gave me a check for half the cost of my damage, is this fair?

No. Your insurance has agreed to repair/replace any damages to the state it was in before your damages. You have a right to get your own estimate. A large difference between the two could indicate a problem.

My insurance made the check out to my mortgage company, is this legal?

The answer to this question can be located in your insurance policy.

How do I make a Commercial claim for Business losses?

Commercial policies can be obtained to cover the structure, contents, and interruption of your business. When there is a catastrophe, you should take pictures, if possible, of all damage to your business structure and contents, make repairs to prevent further damage saving all parts replaced for your adjuster to examine, and file a claim with your insurance company. For a business interruption claim, you will need additional information and will need to keep additional information. You need to know your income and expenses prior to and after the catastrophe. You should keep good records of expenses for operating out of a temporary location and any fixed expenses, such as phones or utilities, while your business is closed. You should submit this information to your claims adjuster.

My claim has been denied, what should I do?

You may appeal your claim with your insurance company, ask for a new adjuster, and file a complaint with the Director of Claims at your insurance company to try to resolve a denied claim. Every state has a State Board of Insurance. If you feel your claim has been unfairly denied or you have been treated unjustly by your insurance company, you can file a complaint with the State Board of Insurance in your state. You should also contact an experienced, reputable attorney for an evaluation of your claim. You can find many attorneys who will provide a free initial consultation. During your visit, the consulting attorneys may be able to provide you with other ways to try to resolve your claim. If you have a valid claim, many law firms will pay for all costs associated with proving your claim in court. Upon recovery from your insurance company, you typically will pay a percentage of the recovered amount. You may have been entitled to additional damages, called punitive damages, if it is determined the insurance company intentionally acted in bad faith.

More questions?

If you still have questions, a lawyer with experience handling first party insurance disputes and lawsuits can review your policy and the specific circumstances of your claim and help you understand your options.