Insurance companies are an oft-maligned segment of the business world. When faced with a claim, profits are at risk. Ethical insurance companies protect those profits by making sure that the loss is covered under the insurance policy and that the amount claimed is valid and supported by evidence. Unethical insurance companies may try to enhance profits by denying valid claims. Coverage may be denied based on a strained reading of an exclusion clause in the policy or settlement of a claim may be prevented by unrealistic damage estimates.
If you are having trouble with your insurance coverage and are involved in a dispute with an insurer, contact The Brennan Law Firm, LLC. Whether the dispute is related to auto insurance, homeowners insurance, corporate insurances, errors and omissions insurance or workers' comp or employer liability insurance, our experienced attorneys can review your policy and advise you about your coverages and, where appropriate, the remedies that can be pursued.
In 2007, Maryland's laws were amended. The changes made it possible for an individual to file a claim against the individual's own insurance company for a failure to act in good faith in either a property and casualty policy or first party property claim. The law also lays out the exact procedure to be undertaken to prosecute the claim. To file a claim, it is necessary to establish that coverage existed, and the extent to which the insured person has the right to recover compensation for this loss. Actual damages must be sought, and the person filing a legal action against the insurance company has the right to seek litigation costs as well as expenses and interest. The damages sought cannot exceed the limits of the policy, but can also include expenses and attorney fees.
Before a case can be taken to court for resolution, the administrative process must be managed under the procedures outlined in the law. The first step is to file a complaint. This complaint goes to the Maryland Insurance Administration, and must include all of the documents that were submitted to the insurance company in the claim, including the proof of the losses, the coverage under the policy, as well as the amount of the claim filed and the damages and costs incurred. This information is then forwarded by the MIA to the insurance company.
The company has a 30-day period in which to respond in writing to the MIA, and in this response, the insurance company is required to submit all information regarding the claim, including all communications to the insured person, work papers, forms, bills, or the explanation of benefits. The MIA then has a 90 time period in which to make a decision about whether coverage existed, the amount of damages that should have been paid, whether there had been bad faith, and the amount of the award for damages.
After this process is completed, if either party believes that the decision from the MIA was unjust, the case can be appealed to an administrative hearing. Without a request for hearing within 30 days, the opportunity to appeal the decision is lost. At The Brennan Law Firm, LLC, we can manage every part of the process, from the initial submission to the MIA through the administrative hearing to litigation in Circuit court. These are complex legal matters that must be addressed professionally. Our attorney has a great deal of experience in civil litigation, and has a long history of success as a litigator. Get your case evaluated quickly so that no opportunity to seek justice is lost due to the time restrictions for claims against insurance companies under Maryland law.
Contact the Firm for more information about insurance coverage disputes.