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We have listed a few of our most common questions and answers below. If your question is not listed, please feel free to contact us for assistance.
1. Am I eligible to make a claim if I have a new policy and have not got any bill or made a payment as yet?
2. What is bad faith?
3. Can I sue my insurer?
4. Who can sue and who can be sued in case of a first party insurance dispute?
5. What are the types of Insurance Coverage Disputes?
6. What is the value of my case? Will I get into any trouble?
7. What steps should I take when my insurer does not make me an offer or gives me half the cost of my damage?
8. What happens if I do not live in the city or state in which the case is filed?
1. Am I eligible to make a claim if I have a new policy and have not got any bill or made a payment as yet?
The insurance company is liable to consider every legitimate claim after the insurance contract has been signed by the insured and accepted by the insurer. The insurance contract terms may influence the billing and payment schedule. However, these do not restrict you from making a claim. In some cases, you may even ask the insurance company to accept your claim if its agent provided you an oral agreement initially.
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2. How soon do I need to file a claim?
You insurance company is liable to act in good faith through prompt investigation and payment of your claim, according to the coverage mentioned in the policy. The insurer acts in bad faith if it:
- Keeps on delaying the settlement of your claim
- Does not provide you a claims adjuster to assess your damages
- Pays only a part of the claim payment
You can even file a Bad Faith Claim lawsuit if you find that your insurer is acting in bad faith. If the insurer is determined to have acted in bad faith deliberately, it will be liable to pay you punitive damages, apart from paying you what you already deserve.
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3. Can I sue my insurer?
If you feel that you are getting unfair treatment from the insurer, you should hire an attorney to find if the company is acting in bad faith. The lawyer will assess the validity of your claim and provide you necessary advice. One of the most trusted names in Montana law is Simon Neuhardt.
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4. Who can sue and who can be sued in case of a first party insurance dispute?
When it comes to suing another party, the plaintiff can be the insured party, or a named beneficiary or an intended beneficiary can file the suit. A person inflicted with injury can also bring the suit if s/he is seeking recuperation under someone else’s liability policy. There are a number of factors that define who can be sued in a first party insurance dispute. However, potentially liable parties may bring in insurance companies, their agents and claim adjusters.
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5. What are the types of Insurance Coverage Disputes?
Insurance coverage disputes can be divided into the following three categories:
Denial of Insurance Benefits: This happens when an insurance company rejects your health insurance application on the basis pre-existing medical conditions. The best thing you can do at this time is to take the help of an attorney.
Insurance Coverage Denial: Sometimes, the insurer may even rescind your coverage. This happens when you make a claim and the insurer tries to locate something they see as important to be disclosed that you have not revealed to the insurer.
Insurance Bad Faith: It is not uncommon for insurance companies to act in bad faith, deny claims or delay claims on a regular basis. They may be reluctant to pay your claim or might deny it completely.
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6. What is the value of my case? Will I get into any trouble?
This question is somewhat tricky. But this can be solved via thorough study of the significant evidence in your claim. The value of your case is determined by the probability of winning if you present the case before a jury and how much money you will be awarded by the jury in damages. Get in touch with an attorney who has experience, such as Simon Neuhardt, in handling insurance disputes and can provide you important advice after analyzing your evidence. S/he can tell you the value of your case if you are the petitioner. The attorney can also caution you about the trouble you may have to face if you are the respondent
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7. What steps should I take when my insurer does not make me an offer or gives me half the cost of my damage?
If no offer has been made yet, send a written request for the same. In case the insurer does not respond, the next step is to contact the Director of Claims. You may as well choose to lodge a compliant with the State Department of Insurance in your state. Paying half the damages is unfair. In the US, every citizen has been given the right to have his own estimate. If there is a substantial difference, get back to the insurance company. However, if the insurance company denies your claim altogether, get help from an experienced lawyer to evaluate your claim.
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8. What is the process of making a commercial claim in case of business losses?
One can take a commercial policy to insure the business structure, contents and interruption. In case of a disaster, take pictures of the damaged structures and contents for the adjuster to examine before filing a claim with your insurance company. If your business gets interrupted, additional information must be gathered. For instance, you need to give information about your income and expenses before and after the disaster, expenses you are generating if you are running your business at a temporary location and more.
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