The Truth About All the Hurricane Ike Lawyer Ads on TV
If you watch TV, I am sure you've noticed all the lawyer commercials for Hurricane Ike insurance claims. I was driving from Beaumont to Houston the other day, and I actually lost count of the number of billboards advertising for the same thing.
Have any of you wondered what that's all about? Well, when a disaster happens, many people believe that their insurance company will be there to help. Unfortunately, however, help from an insurance company is far too often too little, too late.
The law requires that insurance companies handle claims fairly, honestly, and in a timely fashion. But age-old insurance company tactics of “delay, deny, and defend” can be just as devastating to families and businesses as hurricane force winds.
Insurance Company's Duty of Good Faith
Insurance Companies who breach their duty of good faith and fair dealing to their customers may be liable for what's called "bad faith" under the Texas Deceptive Trade Practices Act and under Article 21.21 of the Texas Insurance Code.
Examples of "bad faith" insurance practices include:
- Misrepresenting to a claimant a material fact or policy provision relating to the coverage at issue.
- Failing to provide promptly to a policyholder a reasonable explanation of the basis in the policy, in relation to the facts or applicable law, for the insurer's denial of a claim or the offer of a compromise settlement of a claim.
- Failing to acknowledge and act reasonably and promptly upon notice of a claim arising out of an insurance policy.
- Failing to adopt and implement reasonable standards for the prompt investigation of claims.
- Refusing to pay claims without conducting a reasonable investigation.
- Failing to confirm or deny coverage of claims within a reasonable time after proof of loss statement has been completed.
- Failing to attempt in good faith to effectuate a prompt, fair and equitable settlement of claims in which liability has become reasonably clear.
- Failing to promptly settle claims where liability has become reasonably clear under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
Tips for Finding an Ike Lawyer
A number of people have asked me how to go about finding the best attorney to handle their Hurricane Ike claim. I have to admit, with all the lawyer commercials and advertisements out there, I'd be confused too.
Probably the best pointer I can give is to hire an attorney with actual experience with these types of cases. You wouldn't want a doctor performing an operation on you which he or she had never performed before, would you? The same thing applies to attorneys. Remember, any lawyer can advertise for hurricane claims — that doesn't mean they have actually handled them before.
You should ask whoever you are considering hiring if they have handled these types of cases before and if so, how many. Don't be afraid to ask this question because it's probably the most important question to ask. There are some good, experienced attorneys out there who have lots of insurance claim experience. That's who I would go with.
