Tulsa Insurance Claim Lawyers
The Aizenman Law Group Provides Guidance in How to Fight an Insurance Claim Denial: 918-215-8856
Insurance companies have resources to protect their interests when denying your claim. Our Oklahoma insurance claim attorneys have the experience and resources to fight the insurance company on your behalf. If your insurance claim was denied, call Aizenman Law Group today to schedule your free consultation with our Tulsa personal injury lawyers.
You Don’t Pay Unless We Win!
As a policyholder that pays insurance premiums, you expect that when you submit a claim that the company will honor the validity and/or amount of the claim. At Aizenman Law Group, we understand that this is not always the case. Claims can be denied without explanation or valid reasoning. This can be very frustrating since some companies don’t investigate a denied claim until the policyholder takes legal action.
Our Tulsa insurance claims lawyers handle claims including:
- Health Insurance– If your Oklahoma health insurance claim was denied, you have the right to send an appeal to secure the coverage you are deserved. Some reasons for health insurance claim denial may include a lapse in policy coverage, no medical necessity, no referral, and expired timelines.
- Home Insurance– When your home has been damaged by a disaster and your insurance will not pay for the repairs, you are able to seek an appeal by partnering with an insurance lawyer. Every Oklahoma homeowner’s insurance policy is different, but there are reasons that an insurance company may wrongfully deny a claim, including damage below the deductible amount, uncovered peril, maintenance issues, or misplaced liability.
- Storm Damage– If you need to send a claim for storm damage, you will most likely get resistance from your insurance company. The power of a storm can damage your home with hail, lightning, wind, or massive flooding.
- Auto Insurance– Insurance companies can be aggressive when it comes to dealing with car insurance claims. Come to Aizenman Law Group for help in appealing a denied claim and aggressive representation to help you receive maximum compensation.
- Life Insurance– Losing a loved one is a traumatic experience, and you should not have to deal with a life insurance company that may mishandle your claim. Life insurance companies can either pay, delay, or deny your claim. Partnering with our insurance claim attorneys can help give you support and peace of mind during this difficult time.
Insurance companies have resources to protect their interests when denying your claim. Our Tulsa insurance claim attorneys at Aizenman Law Group have the experience and resources to fight the insurance company on your behalf.
What Types of Insurance Claim Disputes Does Aizenman Law Group Handle?
- At Aizenman Law Group we are committed to helping clients settle insurance claim disputes. We understand how confusing and frustrating the process of insurance claims can be. Insurance companies have their own interests in mind, while our attorneys work for you when an insurance company has denied or undervalued your claim.
My Car Insurance Claim was Denied. What are the Next Steps?
In some instances, automobile accident claims can be denied by the insurance company or settled for less than what the case is actually worth. This can leave you with a serious financial burden. Understanding your coverage is important when going through the claims process.
Types of car insurance claims coverage include:
- Bodily injury liability
- Medical payments/personal injury protection
- Property damage liability
- Uninsured motorist coverage
It’s important to contact your car insurance dispute attorney at Aizenman Law Group to file a claim on your behalf in order to receive fair compensation after insurance denial or underpayment.
Insurance Bad Faith
What is Insurance Bad Faith?
Insurance bad faith is a legal term that is used to describe a tort claim (a legal violation of duty) that is filed by an insured person against their insurance company for incorrect actions. An insurance company has the duty to act in good faith in paying their claims based on their contract.
Establishing Insurance Bad Faith
To establish a legal claim an insurance company is operating in bad faith, you must prove two main elements:
- Benefits owed to a policyholder were withheld. They will need to prove their claim to the insurance was valid and based on the terms of their policy. The denial of the claim by the insurance company must be documented. A final demand to an insurance company for a fair claim settlement should be made prior to filing a lawsuit.
- A policyholder must establish it was unreasonable of the insurance company to withhold benefits. In determining if an insurance company’s actions were reasonable, they need to be objectively evaluated. This will be based on the facts of the case and the situation that existed when the insurance company engaged in their behavior.
Do I Have a Case?
There are certain factors that are considered when trying to establish insurance bad faith. They are not conclusive proof, but they can help establish a policyholder does have a case.
- Showing the insurance company denied the claim but did not provide a reasonable explanation for it.
- The intentional misrepresentation of a provision in the insurance policy as well as other relevant facts.
- Once a policyholder has submitted proof of loss, the insurance company fails to approve or deny their claim within a reasonable amount of time.
- Once a claim is submitted, the insurance company fails to acknowledge it.
- When it comes to the processing, or investigation of a claim, the insurance company fails to adopt and use reasonable standards to accomplish these tasks.
How To File a Bad Faith Insurance Claim in Oklahoma
If your claim has been wrongfully denied, your case should be reviewed by one of our insurance dispute attorneys to determine whether a viable claim for bad faith exists.
Follow these important steps to file an insurance bad faith claim:
- Review your insurance contract to identify the specific violation of duty.
- Check the date on your contract to ensure that it was agreed upon before the date of your claim.
- Prove the validity of your bad faith claim by gathering all documents related to your claim including insurance reports, estimates, and photos or communication with the insurance company.
- Write a demand letter to take the final step in settling your claim before you file a lawsuit.
- File a complaint with the State Department of Insurance.
- File a bad faith lawsuit against the insurance company. An attorney at Aizenman Law Group can help defend you against the insurance companies to ensure that you receive maximum compensation for your damages.
Examples of Bad Faith Claims in Oklahoma
Some of the following are instances when you might consider filing a bad faith or unfair claims handling case:
- Employee Retirement Income Security Act (ERISA) Claims
- Life, Disability, and Accidental Death & Dismemberment (AD&D)
- Personal Injury Protection
If you believe you’ve been treated unfairly by your insurance company, contact Aizenman Law Group today. Allow us to examine your policy and help ensure that you receive fair payment on your insurance claim.
Statutory Bad Faith Claims
It is possible for a lawsuit involving insurance bad faith to involve statutory law. With a statutory claim, it is based on the laws made by the legislature of the state. There are laws by states put in place to protect insurance policyholders from insurance companies that engage in deceptive or unfair practices. These laws provide details about specific actions that are prohibited by insurance companies. At Aizenman Law Group we know how to use these laws to provide remedies for a policyholder who is the victim of insurance bad faith.
First Party Bad Faith Insurance Lawsuits
This involves an insurance company’s refusal to pay a claim to a policyholder. This can happen when a policyholder contacts their insurance provider about a claim. An insurance company alleges they are not able to pay for any repairs until the claim is investigated. The insurance company makes no effort to investigate and confirm the policyholder’s claim. This could be a reason for a policyholder to file a first-party bad faith insurance lawsuit.
Third Party Bad Faith Insurance Lawsuits
When an insurance company has bad faith behavior with a third party, it often involves liability insurance. An insurance company owes a duty to defend, as well as pay all the costs involved with a legal defense for a particular type of lawsuit. An insurance company must pay up to the limits provided in the policy.
What Damages Are Recoverable?
Should an insurance company be proven to have acted in bad faith, it can be held liable for damages above the limits of a policy. These damages could include:
- Statutory penalties
- Attorney’s fees
- Consequential economic loss
- Emotional stress
- And more
They could also be required to pay punitive damages. The amount of these damages will be determined with regard to a policyholder’s losses but also the wealth of an insurance company.
This is the duty of an insurance company to pay any judgment made against their policyholder. It must be done up to the limit of the coverage of the policy. An insurance company’s duty to indemnify exists for any omission or act listed as covered in the insurance policy. This will require a summary judgment in the policyholder’s favor or a trial’s factual record showing how much of a plaintiff’s claim is covered by their policy.
How an Insurance Bad Faith Lawyer Can Help
An insurance company will often pay close attention to a bad faith accusation put in writing. If the accusations appear to be true, it could quickly initiate a change in the position of the insurance company’s adjuster when it comes to providing a settlement. Insurance companies know if it can be proven they acted in bad faith, the company may be required to pay damages at an amount much higher than a policy’s compensation amount.
In most cases, when settlement negotiations take place, the slightest possibility of an accusation of bad faith can help the process. It could motivate an insurance company to see the benefits of providing a reasonable settlement.
Should anyone believe they are the victim of an insurance company acting in bad faith, they should contact the Aizenman Law Group. We are legal professionals with the knowledge and experience to analyze an insurance claim situation. Our Tulsa insurance lawyers know how to negotiate a fair settlement from an insurance company and will not refuse to fight for your rights in court.