Understand the Legal Insurance Claims Process

Please explain the steps an attorney takes to pursue a property insurance claim?

This largely depends on whether you have a denied claim or a claim that has been underpaid. There are options to resolve the claim before a lawsuit and we strive to get your claim resolved as soon as possible. To that end, we typically send a Demand Letter to the insurance company, putting them on notice of our position and make a demand for payment of the claim. Keep in mind that the practice of first party property insurance law, as this practice area is known, requires in-depth understanding of the claims process and case law that is continuously changing. Working with an attorney that focuses in this practice area can be beneficial if the claim gets contentious.

Civil Remedies Notice of Insurer Violation (CRN) may also be filed with the Department of Financial Services to notify them we believe the carrier has acted inappropriately. The insurer and the claims adjuster have 60 days from the date they receive the CRN to respond.

We also may look at the potential for Appraisal or Neutral Evaluation as another way to fairly resolve the claim before filing suit.

If we are unable to resolve your claim before filing suite, then we will initiate a lawsuit. The lawsuit proceeds in stages:

• Complaint – This is the formal “lawsuit” stating our case against the insurance company on your behalf. The insurer has 20 days to file an answer to the Complaint stating its Defenses.
• Discovery – This includes production of documents from both parties, depositions, etc. In some cases, we may call in experts to independently evaluate various aspects of the damages.
• Mediation – Both parties work with a neutral third party, the mediator, to try to resolve the disputes.
• Motions – Both parties will file Motions along the way seeking rulings that help their case.
• Trial – If the case does not settled at Mediation, it is set for trial.

From the time we request a trial date and the actual trial taking place, more discoveries, depositions, and motions will be scheduled or filed. One of those motions is a Motion for Summary Judgment before a Judge. This is a request for the court to rule favorably or unfavorably on all or some of the issues at hand without the presence of a jury.

How long will it take to resolve my case?

It is hard to say how long a case will take because each case is unique. We are dealing with different insurance companies, defense attorneys, type of claim, severity of the damages, etc.. Some cases can be resolved as early as 2-6 months. Cases that go to trial typically take about 2 years. Remember, the insurance company is trying to wear you down.

Will I have to go to court?

Contrary to popular belief, going to court right away is not always the best avenue to take to resolve your claim. Most cases are settled out of court but each case is different and results will be based on the merits of the claim. If we take your case to trial we will be ready and will make sure that you are too.

Learn more about the insurance claims process. 

If you would like to get a deeper understanding of the property insurance claims process please visit our YouTube page where we have posted various videos to help you understand property insurance claims.