Texas Insurance Policy Cancellation Attorney
Insurance companies, including health and life insurance carriers, are constantly seeking ways to improve their bottom lines. One way they do this is by denying legitimate claims because of alleged misrepresentation by the insured after the policy has been issued and a claim made. This is often described as "post loss underwriting" and is a growing practice by many insurers. The company will say that the insured failed to disclose a medical condition that invalidates the policy, allowing it to deny a claim or cancel insurance coverage.
Even though Texas insurance law protects consumers, it is difficult to get an insurance company to reverse itself. If you have had your insurance cancelled or a claim denied because of alleged misrepresentation, our law firm can assist. Our Dallas insurance misrepresentation lawyer at the Law Office of Mark A. Ticer has been helping clients with insurance claims since our founding in 1990. We know what to do.
Misrepresentation Must Be Deceptive
According to statute, a misrepresentation by itself is rarely sufficient to deny a claim or cancel a policy. The misrepresentation must rise to the level of an intent to deceive. In most instances, the alleged misrepresentation is is no misrepresentation at all but merely an oversight and your claim should be paid or your policy reinstated. However, most consumers do not know this, and may simply accept their insurance company's cancellation, denial, or mistreatment.
Misrepresentation Must Be Material
Mark Ticer is knowledgeable and experienced about the ways insurance companies seek to deny claims or cancel policies when allegations of misrepresentation are made. We have helped many clients obtain the medical or life insurance benefits that they deserve by aggressively attacking an insurer's charges of misrepresentation. We have successfully demonstrated that even if there was "misrepresentation," it had nothing to do with the claim in question and thus was an improper and illegitimate reason to deny the claim.
Insurance Companies Claim Misrepresentation After the Fact
Insurance companies that deny claims or cancel policies alleging misrepresentation are often guilty of failing to investigate or underwrite your initial application. Rather, they simply take your premiums until you make a claim and only do the necessary underwriting after you submit a claim. If there is no claim, insurance companies can continue taking premiums without doing the underwriting. This approach may constitute bad faith insurance, but is extremely lucrative for the companies.
Contact our Dallas law firm to discuss your case free of charge. We respond to charges of insurance misrepresentation throughout the state of Texas.
