If you’re facing an insurance dispute, you need a law firm that is prepared to go to war against insurers to seek the compensation you rightfully deserve. At Daly & Black, P.C., our Houston insurance lawyers are relentless in holding insurance companies accountable.
Protecting Policyholders Against Unfair Insurance Practices
When you file an insurance claim, you expect your provider to honor the terms of your policy. Unfortunately, many insurance companies prioritize their profits over their policyholders, using tactics to delay, underpay, or deny valid claims.
This page serves as your comprehensive guide for navigating the complexities of various insurance disputes. Whether you’re dealing with property damage, business interruptions, or any other insurance issues, you’ll find crucial information right here.
What is a First Party Property Claim?
A first party property insurance claim is filed by the policyholder directly with their insurance provider for covered damages. These claims typically arise when a policyholder experiences losses due to:
- Hurricane damage
- Fire and smoke damage
- Water damage and flooding
- Storm and hail damage
- Wind and tornado damage
- Vandalism and theft losses
Unlike third-party claims, which involve another party’s liability, first-party claims are based on your insurer’s contractual obligation to compensate you for covered losses. When insurance companies refuse to act in good faith, Daly & Black steps in to help protect your rights.
Common Tactics Insurance Companies Use to Avoid Paying Your Claim
When policyholders file a first party property insurance claim their insurance company is obligated to honor the contract with their client in a timely fashion. However, many insurers may engage in deceptive tactics to minimize payouts, delay settlements, or deny valid claims altogether.
This why hiring a Houston first party property attorney can make all the difference in seeking the compensation you deserve, we understanding these strategies and recognize when your insurer is acting in bad faith.
Unreasonable Delays in Processing Claims
Insurance companies often drag out the claims process, hoping policyholders will become frustrated and settle for less than they are owed. Delays may involve excessive back-and-forth communication, repeated requests for unnecessary documentation, or slow responses to inquiries.
These tactics are designed to exhaust claimants and pressure them into accepting lower payouts.
Lowball Settlement Offers
Many policyholders receive initial settlement offers far below the actual cost of repairs. Insurance adjusters frequently undervalue damages, leaving homeowners and businesses struggling to cover the shortfall.
Without legal representation, policyholders may feel compelled to accept these inadequate offers, unaware of their right to dispute them.
Denial of Valid Claims Without Justification
A common strategy used by insurers is to deny legitimate claims outright, citing vague policy exclusions or misinterpreting coverage terms. Policyholders often feel powerless against large insurance companies that use complex legal language to justify their denials.
Challenging a wrongful denial requires a deep understanding of policy terms and legal precedents—something Daly & Black provides for every client.
Excessive Documentation Requests
Insurance providers may demand an overwhelming amount of paperwork, even when they already have sufficient information to process a claim. This tactic discourages policyholders from pursuing their rightful compensation, leading many to abandon their claims altogether.
Our legal team ensures that insurers adhere to reasonable documentation requests and do not use bureaucracy as a means to avoid payouts.
Misinterpretation of Policy Language
Insurance policies are often written in complex legal jargon, making it easy for insurers to misinterpret or selectively enforce policy provisions. They may argue that certain damages are excluded from coverage, even when policy language suggests otherwise.
Daly & Black’s attorneys carefully analyze policy terms to expose any misrepresentations and ensure fair claim evaluations.
contra proferentem
In Texas, the legal principle of contra proferentem dictates that any ambiguities in insurance policy language are typically resolved in favor of the policyholder. This principle, deeply embedded in contract law, ensures that when insurers draft policies with unclear terms, these ambiguities are interpreted to benefit the insured.
This approach reflects the imbalance in the drafting power between insurers and policyholders and is a key aspect of ensuring fair treatment under the Texas Insurance Code, although not explicitly stated therein.
At Daly & Black, we utilize this principle of contra proferentem to advocate vigorously for our clients, fighting for the coverage and protection they are entitled to under their insurance policies.
Ignoring Evidence Provided by Policyholders
Even when policyholders submit clear and well-documented proof of damages, some insurers disregard this evidence to minimize payouts. This may include ignoring professional repair estimates, dismissing expert assessments, or undervaluing personal property losses.
Our firm challenges these tactics, leveraging legal pressure to compel insurers to honor their obligations.
If you suspect your insurer is acting in bad faith, our experienced first party property attorneys in Houston can investigate and fight for the compensation you deserve.
How a First Party Property Attorney Can Help
Navigating an insurance dispute on your own can be overwhelming. Daly & Black levels the playing field by providing aggressive legal representation to policyholders.
Our Houston first party property attorneys can analyze your policy, negotiate with insurers, file lawsuits against bad faith insurers, and advocate for you in court when necessary. We also work with industry experts to assess and document property damages, ensuring you have a strong case.
The Daly & Black Difference
At Daly & Black, P.C., we recognize the critical role that first-party property insurance plays in safeguarding your assets and financial stability. When you face property damage and turn to your insurance, you expect prompt and fair treatment. However, when insurance companies fail to meet their obligations, our Houston first party property attorneys are prepared to stand up for your rights.
Aggressive Legal Representation
Our team is known for taking decisive action against insurance companies that engage in unfair practices such as denying, delaying, or underpaying claims. We use a thorough understanding of insurance law and aggressive legal strategies to ensure that our clients receive the full compensation they are entitled to. Our readiness to take cases to trial when necessary sends a strong message to insurance companies: we will not back down.
Expertise in First-Party Property Claims
Daly & Black has extensive experience handling first-party property claims arising from all types of damage, including fires, storms, and floods. We understand the nuances of these claims and the tactics insurers often use to minimize their payouts. Our attorneys are adept at navigating these challenges, from initial claim filing to final settlement or court verdict.
No Risk, All Reward
We believe that all policyholders should have access to premier legal representation without concern over cost. That’s why Daly & Black operates on a contingency fee basis—you pay nothing unless we win your case. This commitment removes financial barriers, allowing you to pursue your claim aggressively with the support of qualified legal experts.
Client-Centered Service
At Daly & Black, you are more than just a client—you are a partner. We provide personalized service, keeping you informed throughout the claims process and ensuring you understand each step. Our team is always available to answer your questions and provide the support you need.
If your property has been damaged and you are struggling with an insurance claim, don’t face it alone. Contact Daly & Black, P.C. today for a free consultation. Let us show you how our dedicated Houston first party property attorneys can make a significant difference in your case, helping you to recover the compensation you deserve and rebuild with confidence.
FAQ
Q: What is an example of a first party claim?
A: A first-party claim is when a policyholder files a claim with their own insurer for damages covered by their policy, such as hurricane or fire damage.
Q: What are first party damages?
A: First-party damages refer to losses suffered by the policyholder, including property repairs, lost rental income, and temporary housing costs.
Q: What is considered first party?
A: A first-party insurance policy covers the policyholder’s direct losses, as opposed to third-party claims that involve liability to others.
Secure Your Rights with a Houston First Party Property Attorney
Sustaining damage to your personal property is traumatic in and of itself and dealing with self interested insurance companies can deepen this trauma.
At Daly & Black, P.C., our experienced Houston first party property attorneys are ready to shoulder the burden and fight for your compensation. We know the laws, understand the complexities, and battle relentlessly for your rights.
Don’t let insurance companies push you around. Contact Daly & Black, P.C. today for a FREE consultation and let us protect your property interests.