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Consumer Law

Insurance Claim Handling

Most North Carolinians are insured under numerous insurance policies, including health, automobile, homeowners, long-term disability, fire, and life. If you have complied with all of your obligations under the policy, such as paying your premiums on time, and the insurance company wrongfully denies coverage, you are entitled to bring suit to enforce your rights. Our experienced insurance claim attorneys can help you enforce those rights.

Declaratory Judgment Suit

Insurers will often rely upon exclusions to the policy to issue you a denial of coverage for claims that should be covered under your policy. Insurers also may give you a reservation of rights regarding coverage, essentially delaying the claims process. It’s essential not to allow the insurer to have the final word on whether they must pay the policyholder money. Insurance claim attorneys request a Court, rather than the insurer, to make a final decision and issue a declaratory judgment as to whether the act is covered under the policy.

Duty to Defend

Insurance companies owe policyholders like you a duty to defend against a lawsuit brought against their insurers. They must pay covered claims brought that are asserted against their policyholders on behalf of their insured. Our firm can bring a third-party insurance claim against the insurance company for failing to properly handle claims against the policyholder for covered claims under the policy.

Insurance Bad Faith

Your insurer may be liable for punitive damages in particularly egregious cases of wrongfully denied coverage. A policyholder is entitled to punitive damages for bad faith refusal to settle when there is (1) a refusal to pay after recognition of a valid claim, (2) bad faith, and (3) aggravating or outrageous conduct. Punitive damages allow a jury to award up to $250,000 or three times your actual damages, whichever is higher.

Unfair Claims Handling

North Carolina also has a statute defining specific unfair claims-handling acts. If an insurance adjuster has engaged in any of these acts, you may be able to recover under a claim known as “unfair and deceptive trade practices.” If a jury determines that the insurer engaged in unfair and deceptive trade practices, the damages directly caused by those unscrupulous practices are automatically tripled. You may also recover your attorneys’ fees. Examples of unfair claims-handling acts include:

Professional Representation

Our insurance claim attorneys offer free consultations for insurance coverage and bad faith matters. We can handle your case under several fee structures, including hourly, flat rate, and contingency. We will work with you to determine the best fee structure for your situation. If your insurance company has unlawfully denied coverage or acted in bad faith, we may be able to help you.