Wilmington Insurance Claim Denial Lawyer
North Carolina is one of only a few states that does not require its residents to obtain homeowner’s insurance. Even so, many homebuyers choose to take this step either as a condition of obtaining a mortgage or simply to protect their finances in case of property damage.
However, many homeowners are surprised to learn that an insurance company is denying their claim after their home suffers damage. This may be for a variety of reasons, but the motivation is generally always the same: to collect premiums while denying payment.
If you have received a denial of coverage after property damage, especially after a hurricane such as Hurricane Dorian, a Wilmington insurance claim denial lawyer may be able to help you. Once retained, your experienced hurricane insurance attorney could work to examine the terms of your policy, evaluate the stated reasons for your denial, engage in negotiations with the insurance company, and even take your case to court if necessary to demand enforcement of your policy.
Common Reasons for an Insurance Company to Deny an Insurance Claim
Many homeowners in Wilmington choose to buy a homeowner’s policy that is intended to provide compensation in case of accidental loss. These people pay high premiums every month in order to obtain protection in case of common property damage or damage caused by North Carolina’s frequent hurricanes.
It is essential to understand the exact wording of such a policy, though, as insurance companies employ experts and attorneys to write their policies in ways that may be extremely limiting. For instance, a policy that appears to offer a great deal may not cover damage caused by rising waters, wind damage, or a variety of other natural hazards common in Wilmington. These are all elements that a hurricane lawyer could help to explain.
If an insurance company can argue that a source of damage is not included in the terms of the policy, this can give them a good-faith cause to deny coverage. Similarly, insurance companies may deny coverage if they believe that a homeowner did not provide accurate information in an insurance policy application.
Known as rescission, this allows an insurance company to retroactively withdraw coverage if they believe that an owner committed fraud when applying for the policy. A Wilmington insurance denial attorney could help people examine the stated reasons for their denial and determine the next stop moving forward.
Fighting to Uphold Insurance Customers’ Rights
The receipt of a denial of coverage following a homeowner’s insurance denial for property or hurricane damage in Wilmington does not mean that a policyholder no longer has any means of recovering compensation. At their heart, all insurance policies are contracts—in exchange for providing payment in the form of premiums, the insurance company agrees to provide compensation if the terms of the policy are met. A failure to provide this compensation may, therefore, constitute a breach of this contract.
As a result, Wilmington’s civil courts have jurisdiction to hear cases alleging these breaches of contract. A policyholder may file a lawsuit in civil court asking that the court force the insurance company to withhold their end of the bargain—namely, to provide payment for losses related to hurricane damage or other natural disasters. A Hurricane Dorian losses attorney understands the devastating impact of these diasters, and could work to ensure an individual receives the compensation they are owed.
An insurance claim denial lawyer in Wilmington could also help people to press their claims in civil court. However, plaintiffs must be sure to act quickly, since under North Carolina General Statutes §1-52(1) a court will only hear a case for breach of contract if the plaintiff files suit within three years of the breach. An experienced attorney could ensure one’s claim is filed promptly.
A Wilmington Insurance Claim Denial Attorney Could Help Demand Payment from an Insurance Company
Every insurance policy is a contract. If you provide timely payments to an insurance company to cover losses to your property, it is only reasonable to expect the insurance company to provide compensation in case of loss.
Unfortunately, insurance disputes over property damage or hurricane losses are common. Insurance companies may argue that this type of damage is not covered under your policy or that you provided incomplete information on an application for coverage.
A Wilmington insurance denial lawyer could help you to fight back against these tactics and ideally mediate a settlement between you and your insurance company. If this fails, they could help you file a civil suit to demand your insurance company provides payments as provided by your policy.
Furthermore, if Hurricane Dorian or another disaster has damaged your home, a hurricane damage lawyer could help to assess your legal options and work to file a damage claim. If you are facing a bad faith insurance claim after Dorian or another hurricane, an attorney could work with you through this process, too. Call today to schedule an appointment.