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Vehicle damages and/or physical injuries photos

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Vehicle damages and/or physical injuries photos

Vehicle damages and/or physical injuries photos

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Vehicle damages and/or physical injuries photos

Vehicle damages and/or physical injuries photos

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Vehicle damages and/or physical injuries photos

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Insurance Litigation

  1. My insurance company has refused to pay my claim. Do I have a case?
  2. If I win in an insurance bad faith claim case, what do I stand to recover?
  3. Does the insurance company owe me a duty?
  4. I received a very low offer of settlement from my insurance company. Do I have a bad faith case?
  5. My insurance company has denied coverage or delayed payment of my claim. What should I do?

1. My insurance company has refused to pay my claim. Do I have a case?
It depends on the facts of the case. If you have filed a legitimate claim under the terms of the policy and it was denied, the insurance company may be in breach of the contract, which is your policy.
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2. If I win in an insurance bad faith claim case, what do I stand to recover?
As a general rule, you would be entitled to damages in the amount that should have been paid to you, plus additional expenses incurred in your lawsuit against your insurance company.
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3. Does the insurance company owe me a duty?
Your insurance policy is a contract between you and the insurance company. Texas law requires that the insurance company act in good faith and deal fairly with you. It cannot simply make up false reasons to deny your claim.
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4. I received a very low offer of settlement from my insurance company. Do I have a bad faith case?
You may if the insurance company intentionally offered a settlement far lower than what is reasonable. This would be a violation of the company’s obligation to deal with you in a fair and reasonable manner.
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5. My insurance company has denied coverage or delayed payment of my claim. What should I do?
You should consult with an experienced insurance litigation attorney who can assess the policy limits and the reasons given for denial or delay of payments. Eberstein & Witherite, LLP, Senior Partner Amy Witherite previously worked as an insurance defense lawyer and has valuable “insider” knowledge about the tactics that insurance companies use to avoid payment. Contact us to learn important information that could affect your chances of obtaining the just compensation you deserve.
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