Our insurance litigation and arbitration lawyers have represented policyholders, insurers, reinsurers, general agents, and financial institutions in insurance litigation ranging from coverage to bad faith claims.
Insurance is a hybrid commodity in that it has characteristics of both a product and a service. And in today’s increasingly complex and diverse world, individuals and businesses need insurance to adequately allocate and deal with risks inherent in any activity.
Insurance consumers have a right to expect that insurance companies will pay the full value of their policies on claims demanding as much. Nonetheless, the terms of insurance policies can be complicated, and disputes over coverage are common. At the same time, insurance companies often require legal representation to fight fraudulent claims, adverse selection, and moral hazard.
Insurance Litigation Attorneys
Ajamie LLP is one of the premier insurance litigation law firms serving individuals and businesses in the state of Texas and throughout the United States. We routinely represent policyholders, insurers, reinsurers, general agents and financial institutions in insurance litigation ranging from coverage disputes, to insurance defense litigation, to bad faith claims. Our knowledge of applicable laws and the changing dynamics of coverage allow us to handle a wide range of insurance disputes involving:
- Property and Casualty Insurance
- Commercial General Liability Insurance
- Inland Marine
- Specialty Insurance Policies for Unique Risks
- Life Insurance
- Automobile Insurance
- Health Insurance
- ERISA
Representing Plaintiffs in Insurance Disputes
The goal of insurance companies is to maximize profits and reduce costs. To achieve these objectives, insurers attempt to settle claims for as little money as possible. Armed with teams of powerful attorneys, investigators, and claims adjusters, insurers often have an unfair advantage over policyholders. At Ajamie LLP, we leverage our legal knowledge and skill to level the playing field.
Policyholders have a right to have insurance companies handle and resolve claims in good faith. However, insurers may interpret a policy’s provisions to deny, delay, or underpay an otherwise valid claim. In some cases, an insurer may argue that the loss is excluded from the policy or that the claim is less than the amount of the deductible. Our attorneys have a proven track record of successfully representing plaintiffs in a variety of such disputes, including:
Bad Faith
Insurers have a legal obligation to handle and resolve claims in good faith, conduct thorough investigations and to settle, pay, or deny claims within a reasonable period of time. Unfortunately, insurance companies often attempt to settle claims for substantially less that what the policyholder is entitled to. We assess whether the insurer acted in bad faith handling and resolving the claim.
Coverage Assessments
An insurance policy is a contract between the insurance company and the insured. In this arrangement, the policyholder makes premiums payments each month. In exchange, the company agrees to cover damages arising from “fortuitous events,” or accidents, according to the policy’s terms. If there is a potential for coverage under the policy’s terms, then insurance company owes the insured a defense. However, where there is a potential for coverage of the claim, this does not mean the insurance company is always required to indemnify the insured for the claimed lost. As such, an examination of coverage is the very first step we assess when an insurance company denies or delays a claim. If there is not a valid reason for such a denial, the policyholder may be able to pursue a lawsuit.
Property Damage
Our attorneys pursue the maximum possible coverage from insurance companies for property damages. If the insurer refuses to pay the full value of a policy on a claim requiring it we are prepared to litigate the matter in court.
Legal Representation for Insurance Companies
Insurance companies are obligated to abide by the terms of policies and comply with federal regulations and state laws. Nonetheless, insurance companies often require aggressive legal representation to confront issues such as fraud, rescission of policies, coverage disputes, and defense litigation.
Fraud & Concealment
Insurance fraud and concealment are not uncommon, particularly involving specially insured risks, and property and casualty insurance, automobile insurance, health insurance, and life insurance. Those who seek to profit by making fraudulent claims not only cause losses for insurance companies, but also raise premiums for other policyholders. Our legal team is dedicated to helping insurance companies combat fraud and recover losses sustained in insurance scams.
Coverage Disputes
While the terms of a policy specify the type and amount of coverage the insured is entitled to, conflicts between insurance companies and policyholders are not uncommon. Our attorneys routinely review policy language to ensure it adheres to applicable regulations and defend companies against claims not covered by policies.
Dedicated Insurance Litigation Attorneys
At Ajamie LLP, our insurance litigation group has a well-deserved reputation for helping our clients achieve successful outcomes. We have extensive experience at trial in state and federal courts as well as in arbitration, mediation and settlement negotiations. Our attorneys are comfortable representing parties on either side of a dispute, and always put our clients’ best interests first with no hidden conflicts of interest.
Call our office or complete the contact form on our website to set up a consultation.
Representative Matters:
- Represented an excess carrier in primary and subrogation litigation, and recovered millions of dollars for our carrier client
- Representing clients in coverage disputes against insurers, we compelled the insurers to provide coverage to our clients as required under the clients’ insurance policies. Representing an insurer in an action to recover amounts owed by co-insurers under contracts and subrogation principles
- Settling a lawsuit against two insurance agents, six insurance companies and a law firm for nearly $7 million after four days of trial in a Galveston County, Texas state court. The lawsuit alleged that the defendants negligently advised a 90-year-old widow and her 65-year-old son to sell their Berkshire Hathaway, Inc. stock and use the proceeds to purchase life insurance and annuities as part of an “estate tax plan.”
- In the Enron litigation, representing an insurance company that provided directors and officers coverage.