My Insurance Claim Was Denied. What Can a NY Property Damage Lawyer Do For Me?

The last thing you need when you have lost your home or business to natural forces or negligence is to battle with your insurance company. Unfortunately, many home and business owners are shocked to find out that the insurance companies that promise to protect them in the event of a disaster may actually refuse to provide the promised reimbursement. If you or a loved one has been denied insurance coverage, please contact the lawyers at Wingate, Russotti, Shapiro & Halperin, LLP at (212) 986-7353 to discuss your case.

Back to Top

How to File an Insurance Claim Denial Dispute in NY

Insurance claims are often denied because the insurance company wants to maintain their profits. They will claim that the losses, such as water damage, foundation cracks, or fire damage are not covered by the property owner's policy. But simply because the insurance company denies your claim does not mean that you have to accept it. It is possible to have a denied claim reversed when the cause of the property damage is debatable. An experienced attorney will be able to dispute the claim denial on your behalf and protect your best interests. You pay premiums every year and deserve to have the coverage you were promised.

Common arguments that insurance companies will use to get out of paying out on an insurance claim include:

  • A claim filing error;
  • Investigations discredited the claim;
  • The damages are not covered by the policy;
  • The payment will be delayed, so they will offer a lower amount; and
  • The policyholder breached a provision of the contract.

Even if the insurer believes it is acting in good faith by denying or reducing a claim, the knowledgeable legal team at Wingate, Russotti, Shapiro & Halperin, LLP will investigate your claim and fight for the coverage you deserve.

Back to Top

What is Insurance Bad Faith?

Insurance companies are obligated to act in good faith to help their clients recover after the unexpected happens, which means carefully investigating each claim and paying the proper value for damages covered by the insurance policy. But when an insurer denies a seemingly legitimate claim for frivolous or unfounded reasons, it is best to contact a lawyer to hold the insurance company accountable for acting in bad faith.

Insurance bad faith tactics can include:

  • Unreasonably delayed payments;
  • Refusal to pay full value of a claim;
  • Accusing claimant of material misrepresentation;
  • Unreasonable interpretation of policy terms;
  • Failure to thoroughly investigate claims and in a timely manner;
  • Concealing facts about a claim;
  • Using fraud or harassment during the investigation; and
  • Altering the policy without consulting with client.

Anyone can fall victim to bad faith practices, even if an insurance company has a good reputation. The elderly, injured, or poor are often targeted because it is assumed they may not fight back or be able to afford legal help. If you believe that you are the victim of bad faith insurance practices, consult with a knowledgeable legal team to discuss your case and learn the best course of action for your circumstances.

Back to Top

Trusted Legal Counsel in NYC

If your property insurance claim has been denied, the New York property damage lawyers at Wingate, Russotti, Shapiro & Halperin, LLP encourage you to take action and call (212) 986-7353 for a free consultation to learn more about your rights. With our collective experience in handling denied insurance claim cases, our team will confront the aggressive and negligent insurer to ensure that not only the denial is reversed, but also that you obtain the maximum settlement you are entitled to for your property damages.

Back to Top

Additional Information