Insurance Coverage Disputes

Atlanta Insurance Dispute Attorney

At Robert J. Fleming, we represent insured business owners or individuals who have (1) had a valid insurance policy in place, (2) suffered a substantial loss; (3) have properly reported the loss to the insurance company; and (4) their claim has been wrongfully denied.

The wrongful denial can take many forms. Often, the insurance company attempts to deny the claims and asserts that the policy under which the claim was made was cancelled. In this type of situation, the burden is on the insurance company to prove that the law regarding notice of cancellation has been strictly complied with. Other times, insurance adjusters unreasonably delay the process and drag things out (many times this tactic is used in order to place the insured into a time crunch, as the time deadline to sue may be fast approaching and the insured is not aware of this).

Insurance coverage disputes often involve the following types of insurance policies:

  • Homeowner's Insurance
  • Car Insurance
  • Health Insurance
  • Home Fire Insurance
  • Professional Malpractice Insurance such as Errors and Omissions Policies
  • Malpractice Insurance
  • Commercial General Liability Policies
  • Corporate Officers and Directors Policies

One of the most commonly litigated insurance coverage issues is the bad faith failure to settle claim. This arises when the insurance company had the opportunity to settle the claim against the insured and fails to do so. By failing to settle in this situation, the insurance company fails to protect the insured form a judgment that may exceed the insurance policy limits. If this failure is in bad faith, the insured can sue the insurance company for breach of contract and bad faith. If successful, the insured may be entitled to up to 150% of the value of the denied claim, plus reasonable attorneys' fees. Although, state laws such as the Georgia Civil Practice Act govern most insurance issues, litigation of these matters is conducted in either state or federal court.

There are strict requirements that must be met in order to bring a bad faith insurance lawsuit in Georgia. At Robert J. Fleming, we are experienced insurance litigation lawyers who handle a variety of claims in this area, such as bad faith litigation and coverage disputes.

If you suspect that your insurance company has denied your coverage in bad faith or is unreasonably delaying your claim and would like to discuss your case in complete confidence, call (404) 525-5150 or contact us online.

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