Insurance-Storm Claims

Understanding Insurance Claims

Our practice focuses on Texas insurance matters, primarily coverage, extracontractual, premium litigation, and on related appeals. Also, our attorneys will advise insurance clients on coverage and extracontractual issues. This includes the handling of administrative hearings, appeals, and defending class actions. Premium overcharge and coverage issues are areas we specialize in as well.

Statistics

In 2019, there were 1,520 tornadoes in the United States, resulting in 51 tornado-related deaths.

The 2011 Super Outbreak was the most devastating and costliest storm involving tornadoes, with 362 tornadoes killing 321 people and causing approximately $11 billion in damages.

Winter storms in 2019 resulted in 73 deaths and $2.1 billion worth of insured damage.

Hail causes between $8 and $14 billion in insured damages every year, impacting over 10 million properties.

In 2019, there were 1,520 tornadoes in the United States, resulting in 51 tornado-related deaths.

The 2011 Super Outbreak was the most devastating and costliest storm involving tornadoes, with 362 tornadoes killing 321 people and causing approximately $11 billion in damages.

Winter storms in 2019 resulted in 73 deaths and $2.1 billion worth of insured damage.

Hail causes between $8 and $14 billion in insured damages every year, impacting over 10 million properties.

In 2019, there were 1,520 tornadoes in the United States, resulting in 51 tornado-related deaths.

The 2011 Super Outbreak was the most devastating and costliest storm involving tornadoes, with 362 tornadoes killing 321 people and causing approximately $11 billion in damages.

Winter storms in 2019 resulted in 73 deaths and $2.1 billion worth of insured damage.

Hail causes between $8 and $14 billion in insured damages every year, impacting over 10 million properties.

Trust A Firm With Over 10 Years Of Experience In Fighting For Others

01

How much does it cost to hire you?

When you choose our firm, there are no upfront costs to worry about. Our fee structure is contingent upon the successful resolution of your case, meaning you only pay when we achieve a favorable outcome on your behalf. Furthermore, we handle all the initial expenses related to the preparation and handling of your case, ensuring that you will never receive an invoice or be billed for these upfront costs. This approach allows our valued clients to access top-notch legal representation, supported by our unwavering dedication to providing exceptional service.

02

How can I determine if I have a viable case?

In the current landscape, insurance companies are increasingly utilizing tactics such as delaying, underpaying, and denying claims, with their focus often directed towards pleasing stockholders and board members. If you suspect that you have been impacted by these practices, we urge you to promptly contact our office. We provide a free consultation to evaluate your circumstances and offer guidance on the most suitable steps to take.

03

What is bad faith and how does it affect my claim?

If you have experienced delays, inadequate payments, or outright denials of your insurance claim without valid justification, inspection, or prior notice, you may have legitimate grounds to pursue a bad faith claim against your insurance provider. In accordance with state laws, you may be entitled to seek damages up to three times the amount of losses incurred. To explore your options and safeguard your rights, we invite you to schedule a complimentary consultation with our office.

04

What sets flood damage apart from wind damage?

Windstorm damage refers to the destruction of property caused by strong winds generated by hurricanes, tornadoes, and storms. This kind of damage often includes water-related issues, such as rain seeping into homes or businesses due to roof or window damage caused by high-speed winds. On the other hand, flood damage involves water-related damage resulting from rising waters or storm surges. It is important to note that standard homeowners and business insurance policies usually do not provide coverage for flood damage.

JJJ: Insurance Claims Case Updates

Negotiating with Giants: How Attorneys Can Level the Playing Field with Insurance Companies

By Jason J. Joy & Associates • November 8, 2023

Insurance companies are meant to have your back when something goes wrong and you need financial assistance. Unfortunately, these companies don’t always have your best interests in mind. Insurance companies can and often do deny valid claims, leaving people with no choice but to pay out of their own pockets. Having an experienced attorney who is trained to help navigate the legal system and hold insurance companies accountable can level the playing field. Evaluate Your Claim Often, insurance companies deny claims unfairly or reject without conducting a proper investigation. Attorneys can evaluate your insurance claim and help you determine whether the insurer’s decision was appropriate, as well as secure the evidence and documentation necessary to prove the validity of your claim Protect Your Rights An experienced attorney will ensure that your rights are protected and that the insurance company doesn't take advantage of you. They are familiar with insurance law and can advise you of all the rights you might have in a given situation. Secure Maximum Compensation Another major advantage of getting expert law help is that they can secure maximum compensation for your injuries or losses. Attorneys help you understand the total cost of your injuries, including medical bills, ongoing care, and lost wages as well as the value of your pain and suffering and other intangible factors that insurance companies might try to minimize. Hiring counsel can help you understand the insurance contract and terms you agreed to and what rights/compensation that entitle you to. Attorneys are skilled negotiators, and can ensure that you receive a more than adequate settlement offer. This can be a significant advantage, as insurance companies tend to offer low settlement amounts at the outset. Going against an insurance company with little knowledge of what your options are can be daunting, but an experienced attorney can help level the playing field by fighting back and helping you through every step of the process. While this article provides general legal information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.

Hurricane Idalia's Devastating Impact on Properties: Assessing the Damage and the Road to Recovery

By Jason J. Joy & Associates • September 1, 2023

On the heels of Hurricane Idalia, a Category 3 storm that recently wreaked havoc in Florida's Big Bend area, our hearts go out to all those affected by this natural disaster. The devastation caused by such events can be overwhelming, and we want you to know that support is available. The hurricane's impact, which has resulted in power outages, property damage, and severe flooding, is a stark reminder of the escalating challenges facing Florida's insurance industry. The frequency of hurricanes, coupled with rising insurance costs, has led to an exodus of insurers from the state. This departure has triggered higher premiums for homeowners, and Citizens Property Insurance Corp., the state-backed insurer of last resort, has seen a significant uptick in policies. One of the most pressing issues that has come to light in the aftermath of Hurricane Idalia is the lack of flood insurance coverage. Many homeowners in Florida remain unaware that standard homeowners' insurance policies do not cover flooding. In fact, only a small percentage of homeowners in Taylor County, an area particularly hard-hit by the hurricane, have flood insurance. Further complicating matters is the fact that many properties in flood-risk areas are not recognized as high risks by FEMA's flood maps. This leaves homeowners vulnerable to high costs when disaster strikes. Despite these challenges, there is some hope on the horizon. Legislative reforms have been passed to promote market stability and attract new insurance companies to the Florida market. These measures will take time to implement and may not immediately alleviate the financial burden faced by those affected by Hurricane Idalia. In these trying times, we stand ready to provide legal consultation and support to those who find themselves in need. Navigating the complexities of insurance claims, especially in the wake of a disaster, can be daunting. Our team of legal experts is here to help you understand your rights and ensure that you receive the compensation you deserve.

Climate Change, Natural Disasters, and Insurance: Navigating Uninsured Damages for Fair Compensation

August 5, 2023

According to Munich Re, the world's largest reinsurer, the impact of climate change on severe weather events has led to challenges for insurance providers in giving full payouts to policyholders affected by natural disasters. The cost of natural catastrophes covered by insurance reached around $120 billion in 2022, making it one of the costliest years on record for such events.

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An old abandoned house is sitting in the middle of a field.

The National Strategy to Inspect Homeowners Insurers Encounters a Roadblock

April 26, 2024

Over two weeks ago, state regulators announced their plans to scrutinize homeowner insurer companies more closely. The objective was to glean comprehensive data about the firms' modus operandi (Mode of operating) in the homeowner insurance sector. However, there seems to be a hitch in the seemingly faultless plan as some critical states are now considering stepping back from this initiative, potentially throwing a spanner in the works. The idea behind this national plan was simple - to bring about transparency and promote equitable practices in the homeowner insurance industry. But the recent stance of key states opting out threatens to hamper the execution and effectiveness of the overall plan. This news has not only taken the industry by surprise but has also raised essential questions about the future of homeowners insurance in these particular areas. Is this decision a temporary hiccup, or does it signify a more significant shift in the regulatory landscape? Only time will tell how this situation evolves, the subsequent impact on homeowners, the insurance companies, and the overall health of the sector. Homeowners Insurance Regulations Despite the waves of change that have swept across the insurance industry over the years, homeowners' insurance has remained an essential part of every homeowner's journey. It forms a safety net that protects us from losses and damages that could happen to our homes, securing our investments and ensuring our peace of mind. The path to acquisition isn't exactly a walk in the park. Many homeowners face a series of state-specific hurdles that can make the process confusing and, at times, discouraging. The NAIC (National Association of Insurance Commissioners) has recognized these challenges, shedding light on the situation where insurers grapple with varying state regulations, divergent market conditions, and differing consumer expectations. This mix of factors has resulted in significant disparities in coverage, cost, and conditions across the country. If you're a homeowner, or planning to become one, understanding these hurdles can prepare you for what lies ahead. Let's delve into the complexities of homeowners' insurance and highlight some of the solutions proposed by NAIC to help homeowners and insurers alike. Understanding State-Specific Insurance Hurdles Insurers typically use a 'one-size-fits-all' model, but this does not apply well in the homeowners' insurance market. Why? Because each state presents unique conditions, challenges, and requirements that insurers must navigate. How Differing Market Conditions Impact Insurers The economic, environmental, and social conditions in each state create distinct market situations that insurers must grapple with. Ultimately, the NAIC's spotlight on these hurdles is a timely wake-up call. A more harmonized approach in regulating homeowners' insurance could be the key to ensuring a smoother path for future homeowners. By understanding these hurdles and exploring proposed solutions, homeowners can be better informed and prepared. Understanding Homeowners Insurance When you purchase a homeowners insurance policy, you’re not only safeguarding your home from unexpected damages, but you're also protecting your personal belongings and finances. The three main components of most homeowners insurance policies include: Property Coverage : This element protects your home and any other structures on your property from risks such as fire, theft, vandalism, or certain natural disasters. Liability Protection : In the event that someone is injured on your property, liability insurance covers their medical expenses or legal fees if they decide to take legal action. Additional Living Expenses (ALE) : Should you have to vacate your home for a period, ALE will cover the costs of staying elsewhere, along with additional living expenses like food or transportation. Factors that can affect the cost of your homeowners insurance premiums include the location of your home, its age, your claims history, the materials and systems of your home, as well as your credit score. Choosing the Right Policy for Your Home Selecting the best homeowners insurance policy requires a thoughtful and thorough approach. Here are the steps you should follow: Assess Your Needs : Consider the value of your home and belongings realistically, and imagine worst-case scenarios. Understand Deductibles and Limits : A higher deductible can lower your premiums, but make sure it’s an amount you can comfortably afford. Similarly, you don't want to under-insure your home and assets. Comparing Policies and Insurers : Gather quotes from different companies and compare them not only on cost but also on coverage details, claim processing, and customer service. The Claims Process When the unthinkable happens, it’s crucial to know how to protect your interests during the claims process for a smooth resolution: After Damage or Loss : Document the damage thoroughly, make any temporary repairs to prevent further damage, and keep records of expenses. Avoiding Common Mistakes : Don’t make the mistake of delaying to file a claim, throwing away damaged items, or overlooking the fine print of your policy. Ensuring a Fair Settlement : Be assertive and prepared when discussing your claim, and consider hiring a public adjuster if you encounter disputes with your insurance company. Insurance Disputes When facing disputes with your insurance company over a claim, it's essential to understand the complexities involved in the insurance process and the legal nuances that can determine the outcome of your claim. Many homeowners find themselves at a disadvantage when navigating these disputes, as insurance companies have extensive resources and legal expertise at their disposal. In such cases, having an experienced attorney can make a significant difference. Insurance disputes can be daunting and highly complex which is why knowing your rights is critical. If you or someone you know is struggling with a dispute against their insurance company our office encourages you to reach out to us today for a free consultation with one of our legal experts. Conclusion Homeowners insurance is the bedrock of peace of mind when it comes to the safety and security of your home and family. By understanding how this form of insurance works, you can approach it as both a protective measure and an integral part of your financial well-being.

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Navigating the FDA's BioZorb Warning: A Crucial Update for Breast Cancer Patients and Medical Innovators

By Karen Molina • April 22, 2024

Disclaimer: The information provided in this article is accurate as of its publication date. Given the dynamic nature of legal proceedings and FDA findings, the current status may have changed. Readers are urged to consult the most recent sources for the latest information before drawing conclusions or making decisions based on this article. Breast cancer patients and the bustling medical device industry were met with an unexpected turn of events when the Food and Drug Administration (FDA) recently issued a safety communication about BioZorb, a product designed to improve breast cancer treatment. The unique marker has been touted as a revolutionary tool for both patients and doctors. However, the new warnings raise critical concerns that the community cannot afford to overlook. This blog post dives deep into the FDA's message, explores the technology behind BioZorb, and uncovers what this means for the future of breast cancer treatment. A Closer Look at BioZorb Promise Developed to aid in the visualization and targeting of the tumor bed in patients with breast cancer, BioZorb is a 3D marker that improves the accuracy of radiation treatment, keeps the breast's natural shape, and promotes tissue repair. Surgeons implant the marker directly into the breast, where it acts as a guidepost for both clinicians and patients. This innovation sparked hope within the medical community upon its introduction, as it appeared to offer both a technical edge for practitioners and a comfort for those experiencing the traumatic process of cancer treatment. The BioZorb Marker and BioZorb LP Marker have two components: a resorbable plastic component that is intended to be resorbed completely by the patient's body in one year or longer, and a titanium metal component that is permanent. The FDA's Disquieting Notice The FDA's recent safety communication highlighted several distressing observations regarding the use of BioZorb in breast tissue. The alert was issued after numerous patient reports and medical studies detailed instances of complications such as pain, infection, and migration of the device. Additionally, concerns were raised about the need for repeat procedures due to BioZorb-related issues. The thorough analysis by the FDA extended to questions about the long-term safety and effectiveness of the product, prompting a reevaluation of its use in clinical settings. Potential Risks Associated with the Use of BioZorb Marker and BioZorb LP Marker devices in Breast Tissue The device moving out of position (migration) and breaking through the chest cavity and/or blood vessels can have severe, life-threatening consequences. It may also affect future radiation targeting at the intended site. The concerns highlighted by the FDA's safety communication regarding the BioZorb and BioZorb LP Marker devices can be categorized into a few critical risk areas. Pain and discomfort have been reported by numerous patients, varying from mild to severe, and may persist longer than initially anticipated. The risk of infection is another significant concern, with the implanted device potentially acting as a nidus for bacterial growth, leading to serious health complications if not promptly addressed. The necessity for repeat procedures due to issues directly related to the BioZorb device poses not only a health risk to patients but also increases the psychological and financial burden on them. These potential risks underline the importance of a careful and informed approach to the use of BioZorb and BioZorb LP Marker devices in breast tissue treatment, emphasizing patient safety and well-being above all. Patient and Provider Protocols in the Wake of Warnings The issuance of FDA warnings necessitates immediate action. Patients who currently have BioZorb in place are advised to remain vigilant for any signs of complications, consult their healthcare providers, and consider alternative treatments. Meanwhile, healthcare professionals are urged to thoroughly discuss the risks associated with BioZorb and explore alternative therapeutic strategies. Both parties are encouraged to maintain open communication and ensure that patient safety is of the highest priority. FDA Actions The FDA is collaborating with Hologic Inc. to comprehensively assess the safety of BioZorb Marker and BioZorb LP Marker devices in breast tissue and address potential risks associated with their use. Continual monitoring of adverse events by the FDA will ensure prompt updates to the public should significant new information arise. In Conclusion: A Shared Journey Toward Safer Solutions The FDA's announcement regarding BioZorb is a signal for all involved in the breast cancer community to take stock and redouble efforts towards patient safety and informed treatment options. By heeding the warnings and engaging in an open exchange of insights and challenges, we can collectively drive the evolution of medical devices toward greater effectiveness and reliability. Breast cancer patients and survivors are at the center of this pivotal moment, empowered to share their stories and advocate for treatments that honor their voices and experiences. The road to a safer tomorrow is shared, and the strides we take today will define the standards we set for the innovations that hold the promise of a healthier, brighter future. If you or someone you know has been negatively affected by any of the symptoms/effects mentioned above via BioZorb device, knowing your legal rights is imperative. Reach out to us at Jason Joy & Associates for a free legal consultation today. It's vital that victims understand the potential for recourse and the importance of advocating for their health and wellbeing. Legal professionals specializing in medical device litigation can provide essential insights and guidance, ensuring that patients receive the support and compensation they deserve. Disclaimer: The information provided in this document, including but not limited to, discussions related to health, treatments, and devices such as BioZorb markers, is for general informational purposes only. It is not intended as, nor should it be considered a substitute for professional medical advice, diagnosis, or treatment. Always seek the guidance of your physician or other qualified health provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen. Do not disregard professional medical advice or delay in seeking it because of something you have read in this document.

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