Montgomery County Insurance Lawyer
It’s necessary for many individuals and businesses to purchase an insurance policy so they can financially recover if an unforeseen incident occurs. So, in times of distress you expect your insurance company to pull through and provide the coverage you’re entitled to. Unfortunately, some insurers will engage in deceptive acts or unfair settlement practices so they can avoid full liability or deny claims altogether. Insurers who exhibit dishonest conduct are in breach of their contract and may be held liable in a lawsuit.
If you are having issues obtaining coverage from your insurance company, then we suggest you consult a knowledgeable insurance attorney. An attorney with extensive experience in insurance law can closely analyze your policy to determine whether there’s an argument for coverage. They can then assist you throughout the claims process and go to court for you if necessary. You may be entitled to up to three times the amount of your claim, attorney’s fees and other penalties under the Texas Insurance Code.
Insurance Attorney in Montgomery County, Texas
Your insurance company is contractually obligated to provide reasonable coverage for covered claims. If you believe your insurer is in breach of your contract, then get in touch with the skilled and dedicated insurance attorneys at LeMaster Law Firm. We have represented numerous clients in insurance proceedings and can use our extensive experience for your case.
Schedule your first consultation with LeMaster Law Firm by calling us at 832-356-7983. We can then examine your claim and advise you of all your legal options. LeMaster Law Firm represents policyholders throughout the greater The Woodlands and Montgomery County area such as Conroe, Magnolia, Willis, New Caney, Splendora and Pinehurst.
Information Center for Montgomery County:
- Bad Faith Insurance Claims in Texas
- When Can I Sue My Insurance Company for Acting in Bad Faith?
- Insurance Resources for Montgomery County, Texas
Bad Faith Insurance Claims in Texas
An insurer who uses deceptive or dishonest means to avoid liability or to deny a claim is seen as acting in bad faith. Insurance companies who are found to be acting in bad faith by a court can be held liable for damages to any policyholder who may have suffered due to their misconduct. There are various ways an insurance company can act in bad faith including, but not limited to:
- Altering or canceling your insurance policy after the policyholder files the claim;
- Unreasonable and unnecessary delays when processing the policyholder’s claim;
- Failing to maintain effective and meaningful contact with the policyholder;
- Providing low settlement offers with no room to negotiate;
- Withholding vital information about the policyholders claim;
- Accusing the policyholder of fraud, arson or other misbehavior without proof;
- Failing to provide a detailed written explanation for the policyholder’s denial;
- Misrepresenting policy provisions or the Texas Insurance Code to avoid liability; or
- Failing to conduct a timely and thorough investigation of the claim
If you believe there is evidence your insurer is acting in bad faith, then we suggest you consult an insurance attorney. A skilled and experienced attorney can collect detailed evidence of your insurer’s dishonest conduct for you. They can then assist you throughout the claims process and represent your interests both in and out of court.
When Can I Sue My Insurance Company for Acting in Bad Faith?
Before you attempt to file a claim against your insurer, it’s important you know the statute of limitations first. A statute of limitations is essentially a deadline for a person to file a lawsuit against another party. The Texas Insurance Code Section 541.162 states you have two years to file a formal claim against your insurer for acting in bad faith. . The statute of limitations for a pure breach of contract claim is four years from the date of the breach; however, a prudent policyholder always pursues a claim within the two-year statute of limitation to preserve all of its claims, including contract and tort. Tort and contract claims, combined, are only valid if they are filed upon within two years of one of the following dates:
- The date the bad faith misconduct happened; or
- The date the bad faith misconduct was discovered or, by the exercise of reasonable diligence, should have discovered
Under specific circumstances, you can file a claim under Chapter 541 after the statute of limitations has passed. The statute of limitations can be extended by up to 180 days, but to do this you must prove your failure to bring legal action against your insurer was due to their preventative actions that stopped you from filing a claim.
It is always best to consult an insurance lawyer to ensure that all of your potential claims are preserved in a timely way.
Insurance Resources for Montgomery County, Texas
Montgomery County District Courts – The Montgomery County District Court handles all court divisions including civil cases in which at least $200 is being disputed or claimed in damages. Access their site to find court locations, docket schedules and other pertinent information.
Montgomery County Clerk – The County Clerk is the official registrar and historian of the Montgomery County Courts. Here is where you can file or request important paperwork as well as pay any court related fees. You will likely have to visit the Montgomery County Clerk if you pursue a claim against your insurance company.
Texas Department of Insurance – The Texas Department of Insurance oversees all insurance companies and ensures they are following the rules and regulations set forth by the Insurance Code. In addition, they are also in charge of administering the Texas worker’s compensation system as provided by the Labor Code.
Texas Insurance Code – All legislation related to insurance law in Texas can be found in the Insurance Code. Access the statutes to learn what Texas defines as a bad faith practice, your rights a policyholder and how long you must file a claim against your insurance company.
Montgomery Floodplain Maps – Visit the official website for Montgomery County to learn more about their Federal Emergency Management Agency’s (FEMA) flood mapping tool for Montgomery County. Flood damage and flooding is one of the most common property damage claims filed in the state of Texas. Access the site to see if you are in a flood zone and your evacuation plan for it.
Montgomery County Insurance Lawyers in Texas
If you’re having a difficult time obtaining coverage for your covered claim, then it’s imperative you get in contact with LeMaster Law Firm. We are trusted insurance litigators who have represented clients in all types of insurance disputes. With our thirty years of experience, our lawyers at LeMaster Law Firm have the knowledge needed to help you receive the best settlement possible.
Whether you are an individual or business, you can count on LeMaster Law Firm. To set up your first consultation call LeMaster Law Firm. We will discuss all your legal options and the next best steps to pursue for your case. LeMaster Law Firm practices throughout the Montgomery County area and surrounding counties such as Harris County, Galveston County, Collin County and Dallas County.
