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Water Damage Claims Disputes and Bad Faith Insurance

Water damage to your property, whether due to flooding, sewage, toilet backups, leaks, broken or frozen pipes, or other causes, can be a significant setback. While insurance is supposed to offer protection and relief in such situations, the process of filing a claim and receiving a fair settlement is often fraught with challenges. Disputes over water damage claims and instances of bad faith insurance practices can add to the distress. This is where Johnstone Trial Law, LLC’s expertise becomes crucial.


Understanding Water Damage Claims Disputes

Disputes in water damage claims can stem from several issues:

  • Special Flood Policies: Flooding is not usually covered under a standard homeowners policy but rather is usually covered by a private flood policy or a policy through the National Flood Insurance Program.

  • Extent of Damage: Insurers might downplay the severity or scope of the water damage.

  • Wind v. Water: Flood insurers may claim that damage in an event like a hurricane is caused by wind and wind insurers (like a homeowner’s policy) may claim that damage is caused by flooding.

  • Policy Coverage Ambiguities: Conflicts often arise over interpretations of what the policy covers, especially in cases of water damage.

  • Delays in Claim Processing: Protracted claim processes can be financially and emotionally taxing for the policyholder.

Identifying Bad Faith Insurance Practices

Bad faith insurance involves unethical tactics employed by insurers to evade their obligations. Common practices include:

  • Unfounded Claim Denial: Refusing to honor a claim without a legitimate reason.

  • Inadequate Communication: Making misrepresentations or failing to provide timely updates or clear explanations regarding the claim or clear reasons for denial

  • Excessive Documentation Requirements: Demanding unreasonable amounts of paperwork as a means to delay or deny the claim.

  • Relying on ambiguous policy provisions to deny a claim.

How We Can Help

In the face of these challenges, we can play a pivotal role:

  • Policy Analysis: we can analyze your insurance policy or policies to understand coverage limits and exclusions and help to identify areas where the insurer may be acting in bad faith.

  • Negotiations with Insurance Companies: We can use our negotiation skills to argue for a fair valuation of the damage and a just settlement, challenging any unjust denials.

  • Litigation: If the insurance company refuses to settle fairly, we can take legal action, filing a lawsuit on your behalf.

  • Guidance and Support: Navigating the complexities of insurance claims and legal proceedings can be overwhelming. We offer not only legal guidance but also emotional support during a difficult time.

Contact Our Firm Today for Your Free Consultation!

Dealing with water damage is challenging enough without the added burden of insurance disputes and bad faith practices. Hiring a qualified attorney ensures that you have a knowledgeable advocate who can guide you through the claims process, defend your rights, and strive for the compensation you are entitled to. In the aftermath of water damage, your focus should be on recovery and restoration, not battling with your insurance company. At Johnstone Trial Law, LLC, we can help make that a reality.

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