- December 5 2023
- | Insurance
Homeownership is a significant investment, and one of the pillars of protecting that investment is having a reliable home insurance policy. Your home insurance is designed to offer reliable protection in the event of unforeseen damages to your property. If your insurance company acted in bad faith, it can leave you with a sense of vulnerability and limited alternatives.
If you’re uncertain about the denial of your claim and are determined to uncover the truth, you can dispute it. Home insurance providers occasionally make errors, and depending on your policy terms and the nature of the damage to your home, you can negotiate with them.
If you face a home insurance claim denial, it’s important to understand your rights and the steps you can take to dispute the denial.
To speak to an experienced homeowners insurance lawyer, contact our Reno office at (775) 322-6636 or our Las Vegas office at (702) 507-0201.
Understanding the Denial
If your home insurance claim is denied, your initial step should involve understanding the reason behind it. The home insurance provider will send you an official letter outlining the denial and explaining the grounds for it. Insurance companies may deny claims for various reasons, including policy exclusions, insufficient documentation, or believing the damage is not covered. Thoroughly examine this letter and compare its explanation with the details in your policy to ensure consistency.
There are instances where home insurance claims are legitimately denied, such as when the specific damage you claimed is not covered in your policy or due to a lapse in coverage resulting from unpaid premiums.
If your homeowner’s insurance should have covered the claim, you can dispute it. Begin by thoroughly reviewing your coverage and the initial claim. As you compile supporting documents and photos, explore options like contacting the insurance provider and seeking legal counsel.
Why Do Home Insurance Claims Get Denied?
Home insurance claims can be denied for various reasons, and you need to understand these reasons to navigate the claims process. Here are some common factors that may lead to the denial of a home insurance claim:
- Policy Exclusions: Insurance policies often include specific exclusions detailing what types of damage or events are not covered. If the cause of the damage falls under these exclusions, the claim may be denied. Common exclusions may include wear and tear, gradual damage, or specific events like floods or earthquakes, which may require additional coverage.
- Failure to Meet Policy Requirements: Home insurance policies typically have specific requirements and obligations that policyholders must fulfill to qualify for coverage. Failure to meet these requirements, such as securing the property adequately or reporting the damage within a specified time frame, can lead to claim denial.
- Underinsurance or Inadequate Coverage: If the value of the claimed losses exceeds the coverage limits outlined in the policy, the insurance company may deny the claim. You must regularly review and update your coverage to ensure it aligns with the current value of your property and possessions.
- Material Misrepresentation: Providing inaccurate or incomplete information during the application process or when filing a claim can result in denial. Insurers may investigate claims thoroughly; they can deny coverage if they discover misrepresentation or fraud.
- Pre-existing Damage: Insurance policies generally do not cover damage that existed before the policy was in effect. The claim may be denied if the insurance company determines that the damage occurred before the policy’s effective date.
How to Dispute a Home Insurance Claim Denial
If you think your home insurance claim was unjustly denied, follow these steps to seek resolution.
1. Review Your Insurance Policy
To effectively dispute a claim denial, you need a thorough understanding of your insurance policy. Nevada Insurance law requires insurance policies to be clear and unambiguous, so reviewing your policy carefully is important. Take note of coverage limits, exclusions, and any specific conditions that may apply to your situation. Understanding your policy will empower you during the dispute process.
2. Document Your Claim
When disputing a claim denial, strong documentation is your best ally. Gather all relevant documents, including the initial claim submission, photographs of the damage, repair receipts, and any communication with the insurance company. Ensure that your documentation supports your claim and addresses the reasons for the denial.
3. Contact the Insurance Company
Initiate communication with your insurance company promptly. Prepare a written response to the denial letter, addressing each reason for the denial with supporting evidence. Clearly articulate your position and explain why you believe the denial is unjust. Record all communication, including dates, names of representatives spoken to, and any reference numbers provided.
4. Seeking Legal Counsel
If your attempts to resolve the dispute directly with the insurance company are unsuccessful, it may be time to consult a qualified Las Vegas home insurance claim denial lawyer. In Nevada, you cannot appeal a home insurance claim denial. As such, the next step would be filing a lawsuit.
Insurance claims, though important, are ultimately subject to both deadlines and filing requirements. Leverty & Associates is dedicated to ensuring that your case moves forward swiftly.
For legal representation in Reno and Las Vegas, contact the home insurance lawyers at Leverty & Associates.
How Leverty & Associates Home Insurance Attorneys Can Help Your Case
At Leverty & Associates, we understand the frustration and stress accompanying a home insurance claim denial. Our experienced Las Vegas home insurance claim denial attorneys are dedicated to helping clients in Nevada dispute a home insurance claim denial when their insurance company acts in bad faith. Here’s how Leverty & Associates can help your case:
1. Strategic Analysis of Denial Reasons
Our experienced home insurance claim attorneys will meticulously review the denial letter and related documentation to uncover any signs of bad faith practices. Whether it involves unjustified claim denials, intentional delays, or deceptive tactics, our team will strategically analyze the reasons for the denial to build a compelling case against the insurance company.
2. Detailed Documentation and Evidence Gathering
We understand the importance of comprehensive documentation and evidence gathering in bad-faith insurance disputes. We will work closely with you to ensure all relevant documents, including your insurance policy, denial letter, correspondence with the insurance company, and evidence of damages, are meticulously organized and presented to strengthen your case.
3. Effective Communication With Insurance Companies
Navigating communications with insurance companies can be challenging, especially when bad faith is suspected. Our legal team is skilled in engaging with insurance companies to address bad-faith practices while adhering to legal protocols. We will strive to negotiate a fair resolution and, if necessary, escalate the matter to legal action.
4. Negotiation and Settlement
We are focused on securing the best possible outcome for our clients. We aim to reach a fair settlement with the insurance company through strategic negotiation. Our attorneys are skilled negotiators who will leverage their expertise to maximize the potential for a favorable resolution.
5. Litigation
In cases where negotiation and settlement efforts prove unsuccessful, our law firm is prepared to take the matter to court. We have a track record of successfully litigating bad-faith insurance claims. Our home insurance claim denial attorneys will meticulously prepare your case, presenting a strong legal argument to seek justice through the legal system.
Contact a Homeowners Insurance Claim Denial Attorney Today
When faced with a home insurance claim denial rooted in bad faith practices, Leverty & Associates stands ready to advocate on your behalf. Our seasoned legal team brings a wealth of experience and a commitment to disputing a home insurance claim denial. Contact our Reno office at (775) 322-6636 and our Las Vegas office at (702) 507-0201 for a free consultation.