By Ashley Fischer-Foxall
The recent bouts of inclement weather produced an increase in insurance claims for property damage. In an ideal world, insurance carriers would promptly pay the claims in full to repair the damaged homes. However, that is not always the case, so Nebraska and Iowa have enacted laws and regulations to ensure that insurance claims are resolved in a fair and equitable manner.
The Nebraska laws set minimum standards for the investigation and resolution of insurance claims, including claims for property damage. Iowa has adopted laws like those adopted in Nebraska.
Some examples of unlawful claims settlement practices include failing to provide prompt notice of whether a claim has been accepted, failing to provide a claimant the basis for the carrier’s denial of a claim, or failing to resolve a claim in a reasonable amount of time.
In both states, if your insurance carrier violates the law and fails to compensate you for a covered loss you may pursue legal action and, if you prevail at trial, you also may be entitled to recover attorneys’ fees. If you feel your property insurance claim has not been handled fairly, you should consult with an experienced insurance litigation attorney to determine your rights and remedies pursuant to your policy and the rules of your state.
If you have questions, contact Ashley at [email protected].