McMillan Law Firm,APC

Call Now For A Case Evaluation

(619) 464-1500

Se Habla Español

McMillan Law Firm,APC

Se Habla Español

We handle title insurance, property loss arising from flood or fire, disability, and life insurance claims. Title insurance claims A first party claim is one that is brought by an insured against his or her insurance company. A third party claim is a person, such as a creditor, that is owed money by the insured but for one reason or another the insured is unable to pay directly. One such reason is where the insured has gone into bankruptcy, but the insured had insurance that covered the injured person’s claim.

When Can I File A First-Party Claim Against My Insurance Provider?

Each insurance policy is different, but insureds are expected to file claims after the loss is discovered. Insureds are expected to provide the amount of loss, with some documentation to the insurance company. The insurance company must acknowledge the claim, start investigation, provide forms and instructions, and provide reasonable assistance immediately but in no event later than 15 days after receiving notice of claim. The insurance company must accept or deny the claim immediately but in no event later than 40 days after receiving proof of claim. Proof of claim is documentation in your possession which provides any evidence of the claim and supports the magnitude or the amount of the loss

Why Was My Insurance Claim Denied?

The first question is whether your claim falls within a coverage of the policy. An insured must prove that the claim was covered. The next question where the claim is denied is whether the loss was excluded from coverage. The insurance company must prove the claim was excluded. The insurance company must explain the basis for the denial of the claim, in writing.

How Long Does My Insurance Company Have To Pay My Claim?

Once the claim has been accepted, the insurer must pay the claim immediately, but in no event later than 30 days from the date settlement was reached.

Can I File A Claim If I Haven’t Made A Payment On A New Policy Yet?

Yes, depending on the policy.

What Can I Do If I Think That Insurance Has Underpaid On My Claim?

Depending on the type of the claim, the first step is to negotiate and provide the insurance company proof that the claim is underpaid. Some policies have a requirement that the underpayments must be resolved by way of referees. If that doesn’t solve the problem, then the recourse is a breach of contract and or a bad-faith lawsuit.

What Is A Public Adjuster And What Is Their Role In My Case After I Hire Your Firm?

A public insurance adjuster is a person who, for compensation, acts on behalf of or aids in any manner, an insured in negotiating for or effecting the settlement of a claim or claims for loss or damage under any policy of insurance. The public adjuster may fulfill the same role as an attorney in resolving a claim with an insurance company. Hiring a public adjuster is appropriate where you believe that the insurance company is not processing your claim according to the policy, or is attempting to pay less than what is owed. A public adjuster is a licensed insurance professional that is in a position, through education and experience, to deal with the insurance company at an equal level. But, the public adjuster can’t force the insurance company to make a coverage decision in your favor or to pay the claim.

For more information on Insurance Disputes In The State Of California, a case evaluation is your next best step. Get the information and legal answers you are seeking by calling (619) 464-1500 today.

The McMillan Law Firm, APC

Call Now For A Case Evaluation
(619) 464-1500