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4 Common Arguments In Insurance Litigation

19 March 2021

Michelle Garrett

Learning that an insurer either rejected a claim or didn't pay it as fully as you expected can be dispiriting. A potential solution is to hire an insurance litigation attorney and sue. You'll need to have a cogent argument to make a case. Insurance litigation often hinges on one of these four arguments.

Source of Damage and Loss

One of the most common defenses an insurer may use is that a policy didn't cover a particular event. These defenses can get very nitpicky. For example, insurance litigation in storm damage cases can hinge on whether a hurricane's wind or a resulting flood damaged a house. The storm damage policy would cover the damage if it was due to wind, but a flood may be outside the policy.

Plaintiffs often end up arguing two key points. First, they have to prove what caused the damage. Second, they have to affirm that the policy's language includes coverage for such losses.

Differing Valuations

Especially when an insurance company determines a claim is below the deductible level, valuations become a big deal. A business might file a claim for equipment losses from a fire only to learn that an insurer says that the equipment is too depreciated to have value. An insurance litigation attorney may take issue with how the insurer reached that conclusion.

These issues also get complicated when it's hard to assign valuations to particular assets. Artworks that rarely come to market, for example, can be tough to appraise. If you lose one in a disaster, you and the insurance company might be miles apart on what the art is worth. Likewise, expert appraisals may differ due to documentation, photographs, and even opinions.

Failures of Policy Disclosures

Another insurance litigation issue that can dramatically skew cases is that the insurer didn't properly disclose policy terms. There's a reason every insurer gives folks wads of paperwork every time a policy renews. While these might be simple mistakes, insurance providers are obligated to fairly disclose all information to policyholders. Otherwise, the policy buying process breaks down because people can't make informed decisions.

Poor Investigations

When an insurance company fields a claim, they have a responsibility to faithfully and fully investigate it. If they fail to do so and to document their efforts, this may open them up to litigation. An insurance litigation attorney will want to see all of the paperwork from the adjuster's work on the case to see if there were problems. If so, they can bring this to the attention of the defendant and a court.

To learn more, contact an insurance litigation attorney.

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