When your business is facing damages covered by your commercial insurance policy, it is important to have a law firm on your side that can ensure that your insurance company delivers its contractual responsibilities. Advocacy for policyholders can help your business maximize an important and often overlooked business asset: its insurance policy. By working with a Baton Rouge insurance claims lawyer, you can trust that they will advocate for the compensation you deserve. Your attorney can help you and your business navigate the claims process and hold your insurance company accountable.
When you need advice concerning policy terms when acquiring a policy, assistance with making claims or defense if someone sues you and your insurance company, you can count on me, attorney Heather Cross. I have more than 20 years of experience in insurance litigation and coverage disputes on behalf of businesses. My practice, The Cross Law Firm, does not represent insurance companies so that it may vigorously protect policyholders’ rights in all phases of the insurance transaction.
At my firm, I handle insurance issues for small to medium-sized businesses in the Baton Rouge area and throughout Louisiana. My unique approach includes value-based billing to ensure full transparency in what the firm charges for its insurance representation.
An insurance lawyer provides counsel during insurance-related legal matters. With extensive knowledge of state and federal regulations and insurance law, insurance attorneys can help business owners resolve policy disputes and hold insurance companies accountable for unfair and fraudulent practices. These skilled lawyers provide legal guidance to ensure all policyholders receive fair compensation.
The following are just a few of the different duties an insurance lawyer takes on:
I help insured businesses and professionals solve insurance disputes with their insurance companies and understand issues relative to their insurance coverage. Talk to me about a wide variety of insurance matters, including:
Generally referred to as “good faith and fair dealing,” insurance companies owe their insured clients a fundamental obligation to act with honesty and fairness when handling claims. Businesses of any size should expect that their insurers provide:
This duty of care to act in good faith is intended to protect businesses from unfair and potentially malicious practices used by insurance companies or third-party claimants, ensuring that policies maintain their purpose of providing peace of mind. If an insurer breaches this duty of care, it is known as acting in bad faith and can lead to a bad faith claim.
When an insurance company fails to honor any obligation in a fair and honest manner, it has acted in bad faith. Businesses that have had valid claims unreasonably denied, diminished, or delayed without cause can bring a claim against the offending insurer. The following represent different types of bad faith practices you may encounter:
By working with an experienced insurance lawyer, you can pursue a bad faith claim that seeks additional compensation beyond the original insurance claim’s value.
Though it is not common, some insurance claims are denied when they should have been paid according to the policy. This is called a bad faith claim denial, as the insurance company has denied the claim even though it was warranted per the policy details. I understand how frustrating this can be, as businesses often rely on these payments after damages have occurred. My response includes aggressively pursuing the proper payments for clients and holding the insurance companies accountable for their delays or bad faith denials.
Louisiana has two bad faith laws concerning insurance claims. First, RS 22:1892 aims to promote timeliness and fairness in handling claims. Insurers can be legally penalized for failing to comply with timeframe requirements without probable cause.
Second, RS 22:1973 establishes the duty of care insurers owed to the insured, defining what constitutes a breach of that duty. This outlines insurer good faith and dealing, requiring insurers to make every reasonable effort to settle a claim efficiently.
Insurers are required to provide settlement offers to homeowners within 30 days of receiving adequate proof of loss. Additionally, settlement payments must be made within 60 days of receiving the proof of loss and within 30 days of a written agreement. Failure to comply can lead to penalties of at least $5,000 and up to twice the cost of damages. While specific timeframes are established for settling, no timeframe is required for accepting or denying a claim.
In Louisiana, under current law, insured businesses have up to ten years to legally file a bad faith claim against their insurance company. This extended time gives businesses the chance to seek compensation for wrongful denials of claims without being unduly rushed into taking action. This way, you are able to properly gather evidence and prepare. Nevertheless, it is important that you address your claim as soon as possible to receive prompt resolutions and avoid prolonged disputes.
If your insurance company has wrongly denied, diminished, or delayed your claim for damages, it is vital that you work with a qualified and experienced Baton Rouge insurance lawyer. The Cross Law Firm can be your legal ally.
Let me help you navigate the claims process or bring a bad faith case against your insurance to make sure you receive the coverage and compensation owed to you. To learn more about your options for seeking payment on commercial insurance claims, contact my firm online or call the office at 225-325-0266.
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