West Virginia Insurance Case Attorney: Protect Your Rights to Insurance Compensation

West Virginia Insurance Case Attorney: Protect Your Rights to Insurance Compensation

Jun 30, 2022 | Insurance Defense


When you suffer an injury, whether to your person or property, you may be entitled to recover damages. To do that through your insurance policy, you must file a claim with the insurance company, but that process can be daunting. A West Virginia insurance case attorney can help.

When it comes to paying policy benefits or settling claims, you may feel like David facing Goliath. Insurance companies have legal staffs with years of experience defending against claims just like yours. In the worst-case scenario, they may act in bad faith or use unfair practices in battling your claim. Fortunately, West Virginia allows the insured to hold the insurance company liable and recover the damages they are entitled to. For help getting your due from an insurance claim, contact a West Virginia insurance coverage attorney like M. Andrew Brison.

Fight Coverage Disputes with an Experienced West Virginia Insurance Case Attorney

When you have a valid insurance claim, you are entitled to recover monetary damages pursuant to the insurance policy. Whether your own insurance company wrongly denied your claim or someone else’s policy applies but that insurer is playing hardball, you need help holding the responsible insurer to account whether you’re dealing with a threshold coverage issue or the denial of a claim.

Understanding WV Insurance Claim and Coverage Disputes

Insurance coverage disputes can arise under any type of policy:

  • Homeowner insurance
  • Motor vehicle insurance
  • Life insurance
  • Property or casualty insurance

An insurance company may concede the existence of coverage but deny that the loss identified in your claim qualifies. This can arise for a variety of reasons, such as alleging that the facts in your case do not meet the loss definitions in the policy or that your contribution to your loss prevents compensation. Alternatively, the insurance company may deny that there is coverage for the loss in any event.

An experienced West Virginia insurance case attorney can help you understand—and argue—how the facts of your case demand compensation.

Fight Bad Faith Practices with the Help of a West Virginia Insurance Case Attorney

In especially egregious cases, you may face an uphill battle against:

  • Denial of valid insurance claims
  • Bad faith tactics by the insurance company or its agents

It is against West Virginia law for an insurance company to act in bad faith when handling claims by their insureds.

A WV insurance bad faith attorney can help you fight for the compensation you are entitled to and establish that the insurance company used illegal tactics to deny you compensation.

What a WV Insurance Bad Faith Attorney Does

An insurance policy is a contract between the insurance company and its insured with the exact terms of the coverage clearly listed. Unfortunately, insurance companies are sometimes loathe to pay, sometimes denying or minimizing compensation for covered events. Fortunately, the West Virginia Unfair Trade Practices Act, WV Code article 33-11 makes it illegal to deny or underpay claims covered by an insurance policy.

Insurance companies in West Virginia include an implied duty to act in good faith with their insureds. Insurance companies must treat their insured’s fairly, assist with the claims process and evaluate and pay the fair amount for losses the policy covers. Under the WV Unfair Claims Settlement Practices Act, the insurance company must also act reasonably fast and ensure that compensation for a valid claim is not unreasonably delayed.

Recover the Damages You Deserve with the Help of a West Virginia Insurance Case Attorney

When insurance companies wrongfully deny a claim, act in bad faith or utilize unfair settlement practices with their own insureds, they may be liable for damages. In addition to the compensation for the original claim, you can potentially recover further damages on top of the compensation owed under the policy.

These extra damages may help compensate you for financial losses and any emotional distress arising from the wrongly handled, denied or underpaid claim. Your financial losses can include any attorney fees or out-of-pocket expenses you incur while seeking your insurance policy’s coverage.

If you are fighting for compensation under someone else’s policy, you’re considered a third party. Although you may not pursue the insurance company alleging unfair claims settlement practices or bad faith, you may file a third-party administrative claim within one year of discovering the unfair claims settlement practice.

A West Virginia Insurance Case Attorney Can Guide You through the Recovery Process

Fighting with an insurance company—whether your own or someone else’s—can be intimidating due to their deep pockets and large legal departments. However, an experienced West Virginia insurance case attorney provides knowledgeable, experienced guidance in your fight for compensation. For help fighting for the compensation you deserve, contact M. Andrew Brison of The Law Office of M. Andrew Brison, PLLC at 304-397-8225 or complete his online contact form.