Helping Tennessee Homeowners with Insurance Disputes
Attorneys providing strong advocacy when their homes are damaged in the Southeast and Midwest
Policyholders who pay insurance premiums expect – fairly – that their insurance carrier will promptly pay their claim when damage or theft occurs. Many times, however, they find that their insurance company will deny their claim, try to argue that some exclusion applies, or underestimate the value of the damage. An insurance company may delay payment in the hope the insured will get frustrated and take a lower offer or walk away altogether.
The Tennessee-based insurance dispute lawyers at McWherter Scott & Bobbitt represent residential policyholders in Tennessee whose insurance claims have been denied, delayed, or improperly handled. Do not settle your claim until you have reviewed it with an attorney. Often, our lawyers can prove that the value of the damaged property is more than the settlement offer. Our firm anticipates many of the arguments that insurance carriers use in an attempt to deny coverage. We ensure that your valued possessions and assets are properly repaired, restored, or replaced.
Common insurance company tactics used to deny or limit claims
Insurance companies use many arguments to try to deny or reduce your claim. However, many of these arguments can be defeated with effective legal strategies. Our Tennessee-based residential insurance lawyers assist clients by explaining what documentation and evidence are needed to prove the full extent of your losses. Some of the arguments we are prepared to address are:
- The item was not covered under the policy. The insurance company may argue that an exclusion applies. Our firm works to show that structural and personal property damage is covered under the policy.
- The value of the item is less than claimed. Our Tennessee residential insurance lawyers verify value by using professional appraisers and experts when necessary. Good homeowners’ insurance should also cover the full cost to replace the items, instead of just covering the value as if you sold them.
- Causation. Insurance carriers often hire biased experts in an effort to argue that damage is caused by non-covered perils, such as “wear and tear” or “defective construction.” When appropriate, our attorneys strategically work with the proper experts to prove that all damage is covered by the insurance policy.
We’re ready to defend and counter all efforts by the insurance company to avoid their duty to pay the full damages you deserve for paying your premiums.
When your insurance company denies your mold claim
One of the more common residential insurance claims involves mold. Insurance companies traditionally seek to minimize the amount they pay for any mold claims, including black mold. Some insurers will try to pay a sparse amount or nothing at all for anything associated with mold cleanup. A denial of a legitimate claim involving mold damage can constitute an unfair or bad faith claim practice by your insurer.
A mold damage claim will typically be covered when some type of water peril that is covered by the insurance policy also causes the formation of mold. Additionally, mold that develops from a single event such as an ice storm or hurricane may be covered. The point is, don’t just assume that the mold damage and remediation is not covered based on what the insurance company tells you. Remember, insurance companies lose money when they pay your claim.
On the other hand, mold that develops from a chronic leaking pipe or other type of repeated or continuous water seepage may not be covered. Determining what moisture or water source caused the mold to develop is one of the major factors that influences whether a mold damage claim is covered. This determination can be made by experts in the mold inspection and remediation field.
The insurance dispute attorneys at McWherter Scott & Bobbitt will fight to ensure your insurer covers your damages fairly and according to the terms of your policy.