is a good chance the claim will be denied. In my opinion, policyholders can protect themselves by not only asking their insurance agent to explain the coverages and exclusions in the policy, but also inquiring about the possibility of including available endorsements, which will often add additional coverages. How does Georgia’s legal landscape impact homeowners or businesses facing denied insurance claims compared to other states? At the outset, Georgia is not a consumerfriendly state when it comes to denied insurance claims. Although Georgia does have an Unfair Claims Settlement Practices Act, it does not provide an option for consumers to sue for violations. Accordingly, the only path to recover extra-contractual damages is through Georgia’s bad faith statute, which provides up to an additional 50% of the principal amount of damages, along with attorney’s fees and costs. However, it is very difficult to bring a bad faith case to a jury, and as a result, I tell my clients not to rely upon the recovery of bad faith damages. Can you share an example of a denied claim that you successfully fought on behalf of a homeowner or business? We recently resolved a matter where our client’s claim was denied because the insurance company accused the client of intentionally causing damage to his own home. By aggressively litigating the case, including taking more than ten depositions, we were able to uncover facts favorable to our side and ultimately forced the insurance company to pay the claim. Of course, it also helped that the client did not intentionally damage his home, and through aggressive litigation, we ultimately demonstrated to the insurance company that we were not going to back down until the claim was paid. What are some red flags policyholders should watch for when dealing with insurance companies to avoid potential claim denials? As with every other profession, my experience is that there are good insurance company adjusters and bad insurance company adjusters, and I believe a policyholder can make this determination fairly quickly. A good insurance company adjuster will be responsive and will actively seek to help you, while a bad insurance company adjuster will not timely respond to phone calls or emails, and you will get a general sense that they are not there to help you. If you get this feeling, a policyholder has the right to request a different adjuster to handle their claim, and my recommendation is to try to make this assessment early in the claims process. 44 LAWYER MONTHLY NOVEMBER 2024 I became a lawyer to help people get their own slice of justice. I was drawn to representing the little guy against the bully.
RkJQdWJsaXNoZXIy Mjk3Mzkz