Can I Sue My Insurance Company if They Deny My Claim?
One of the questions we hear a lot from policyholders whose claims have been denied is, “Can I sue to recover my money?” The short answer to that question is “yes, but.” The simple truth is that many claim denials are appropriate, and in those cases any lawsuit that is filed would likely be unsuccessful.
Generally speaking, in order to win, a policyholder must be able to prove that the insurance company wrongfully denied the claim, failed to pay the appropriate amount, or engaged in unfair or bad faith claim practices. Because of this, we investigate cases thoroughly before filing suit and are careful to only prosecute the claims we feel will ultimately be successful.
Here’s a few examples of claims we’ve agreed to assist with over the last few weeks:
- Hail damage claims to metal roofs that the insurance company denied because the damage was “only cosmetic”
- A residential house fire in which the insurance company has only paid about half of the true value of the damaged residence
- Hail damage to HVAC units on the roof of a commercial building that the insurance company adjuster missed during his inspection
- Water damage to interior after an ice storm caused damage to an office building
Each insurance claim has its own set of facts, and those facts must be analyzed in light of the insurance policy that governs. Only then can the odds of success be determined, at which time an educated decision can be made as to how to best move forward. And if the policy doesn’t cover the loss, it then has to be determined whether the insured actually received the insurance coverage that was promised by the agent. Whatever the facts, we can help guide you through the process and aid you in deciding whether further action is warranted.
At McWherter Scott & Bobbitt, we protect policyholders whose claims have been wrongly denied. If you think your insurance company has wrongfully denied or underpaid your claim, we want to help. Please call 731-664-1340 or fill out our contact form to make an appointment with Brandon McWherter, Clint Scott or Jonathan Bobbitt. We have offices in Nashville, Chattanooga, Memphis, Jackson and Knoxville to better serve you.
Brandon McWherter has dedicated his practice to assisting insurance policyholders with their claims against insurance companies, including claims for bad faith. He is licensed in Tennessee, Arkansas, and Mississippi. Learn More