How do you advise clients to handle the claims process from the beginning to minimize the risk of denial? The main obligation that clients have is to cooperate with the adjustment process. If the insurance company requests to inspect the property, review financial records, or take an Examination Under Oath, the policyholder has a duty to cooperate. While many policyholders do not believe they should have these obligations, the law requires cooperation, and if you do not comply, it gives an insurance company an easy path to deny a claim. Additionally, clients should do whatever they can to make an adjuster’s life easier. This can include obtaining reasonable quotes for repairs, providing photographs, and supplying any additional information requested. What legal options do homeowners or commercial property owners have if their claim is unfairly denied, and what can they expect during the legal process? If a claim is unfairly denied, a policyholder should contact an attorney for assistance. At our firm, we first attempt to get the denial reversed without having to file a lawsuit; however, litigation will most likely be necessary on a denied claim. If litigation becomes necessary, the client needs to understand that the process can take 12 to 24 months to conclude. While it is possible that a case can be resolved earlier through a settlement, if there is going to be a trial, a policyholder needs to plan for 12 to 24 months before reaching a resolution. What changes or trends are you seeing in the insurance industry that might affect future property claim disputes in Georgia? Over the last several years, I have seen insurance companies become not only more aggressive in denying claims but also in underpaying them. A familiar theme we see in the insurance industry is “delay, deny, defend.” This means the insurance company will first delay the adjustment process, then deny the claim, and ultimately defend the claim. By engaging in this tactic, the insurance company can hold the money for a longer period, which, in turn, allows them to make money through accrued interest and/or investment. WWW.LAWYER-MONTHLY.COM 45 About Michael Weinstein Michael Weinstein is an Atlanta attorney and a Partner with the law firm Weinstein & Black. Michael dedicates a large portion of his practice to insurance coverage work on behalf of policyholders, both residential and commercial. Having been involved in over 200 insurance coverage matters since 2008, Michael has a vast amount of experience fighting for policyholders and ensuring they receive the insurance proceeds to which they are entitled. In addition, Michael has recovered bad faith damages against insurance companies. If you have any insurance coverage needs, please contact Michael at (404) 228-2629 or at mike@wblegal.net.
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