A Trial Lawyer Enforcing Your Insurance Claims
I am Scott McMillian, and my law practice is devoted extensively to insurance law, including claims relating to title insurance, residential and commercial property loss arising from flood or fire, disability insurance, and life insurance.
I represent individuals, families and small businesses in first-party and third-party claims and disputes. This ranges from coverage disputes with insurers over policy exclusions or low payouts to lawsuits for bad faith denial of legitimate claims. Based in San Diego, The McMillan Law Firm, APC handles insurance litigation throughout Southern California. I have a reputation for getting results because insurance companies know that I am fully prepared to take cases to trial and that I tend to win when I do.
Problem with an insurance claim? I provide a free case evaluation to determine if I can help you get justice. Call my office today at 619-577-4533
Understanding 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 one brought by another person or entity, such as a medical provider, that is owed money by the insured but for one reason or another the insured is unable to pay directly. One such reason is that 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 recognize the claim, begin their investigation, provide guidance and forms, and provide assistance within 15 days from receiving the claim. The insurance company must approve or reject your claim within 40 days of receiving the proof of claim. This proof is a document that provides any and all evidence of your claim and provides supporting evidence that shows the magnitude of your losses.
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?
After a claim is accepted, the insurer must pay the settlement within 30 days. It is possible for them to pay immediately.
Can I File A Claim If I Have Not Yet Made A Payment On A New Policy?
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 someone who reviews a claim and will act in the interest of the insurance company, and their actions commonly attempt to mitigate the losses the insurance company may experience from your claim. 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 guidance you deserve by calling 619-464-1500 today.