Frequently Asked Questions

Why did my insurance company deny my claim? I’ve been insured with them for years.

Simply, greed. Insurance companies deny, delay, or underpay claims because 99% of the time they get away with it. They know it’s illegal yet they do it anyway.

Your insurance company or agent is prohibited from making false, misleading, or deceptive statements to you relating to insurance. Please contact the trial lawyers at Clifford K. Nkeyasen, PLLC immediately after receiving written denial of your claim.

Will my insurance company cancel my policy or raise my premium because I hired a lawyer?

No your insurance can’t cancel or nonrenew your policy because you hired a lawyer. Your insurance company cannot use claims you filed as a basis to nonrenew your policy unless:

  • you file three or more claims in any 3-year period; and
  • your insurer notified you in writing after the second claim that filing a third claim could result in nonrenewal of your policy.

Your insurance company cannot use the following types of claims to determine the number of claims you have filed or to determine your premium if your policy is renewed:

  • claims for damage from natural causes, including weather-related damage;
  • appliance-related water damage claims where the repairs have been inspected and certified; or
  • claims filed but not paid or payable under the policy.

Upon request, you have the right to a written explanation of an insurance company’s decision to cancel or nonrenew your policy. The written statement must fully explain the decision, including the precise incidents, circumstances, or risk factors that disqualified you. It must also state the sources of information used.

You have the right to reject any settlement amount, including any unfair valuation, offered by the insurance company. If you reject a settlement offer, your options include continuing to negotiate with the insurer or pursuing legal remedies, such as mediation, appraisal, or filing a lawsuit. You have the right to have your home repaired by the repair person of your choice.

What you should know when you file a claim

Fair Treatment.

You have the right to be treated fairly and honestly when you make a claim. If you believe an insurance company has treated you unfairly, call TDI at 1-800-252-3439 or download a complaint form from the TDI website. You can complete a complaint form on-line via the internet or fax a completed form to TDI at (512) 490-1007.

Explanation of Claim Denial.

Your insurance company must tell you in writing why your claim or part of your claim was denied.

Timeframes for Claim Processing and Payment.

When you file a claim on your own policy, you have the right to have your claim processed and paid promptly. If the insurance company fails to meet required claims processing and payment deadlines, you have the right to collect 18% annual interest and attorney’s fees in addition to your claim amount.

Right to Sue.

If an insurance company violates your rights, you may be able to sue that company in court and collect 18% annual interest and attorney’s fees in addition to your claim amount. Please contact the trial lawyers at Clifford K. Nkeyasen, PLLC immediately to discuss your rights.