YOUR RIGHTS WHEN DEALING WITH YOUR INSURANCE COMPANY

• Your insurance company must provide you claim forms within ten calendar days of your request and explain to you how to complete them;

• Your insurance company must respond to your questions within ten working days;

• Your insurance company must accept or deny your claim within 15 days after you provide necessary paperwork;

• If you have not received your claim decision within 15 days your insurance company must send you a written notice telling you the reason additional time is needed and must continue to honestly advise you every 45 days why more time is needed until a decision is made;

• Your insurance company must promptly provide you a reasonable and accurate written explanation of the basis for their claim decision and include the relevant insurance policy provisions involved;

• Your insurance company cannot refuse to pay your claim without conducting a reasonable investigation;

• Your insurance company cannot misrepresent relevant facts or policy provisions relating to coverages on your claim;

• Your insurance company cannot force you to file suit by offering you substantially less than what is owed;

• Your insurance company cannot partially pay a claim when endorsement of the check would totally release the insurer or its insured from liability.

CAN YOU COLLECT ATTORNEY FEES

Under the "vexatious refusal to pay statute" if the insurance company refused to pay you without a good reason you may be entitled to attorneys fees. The insurance company can also be penalized ten percent. There are many factors which may indicate that your insurance company has violated this law.  For example:

• If an insurance company conducts an inadequate investigation of your claim;

• If an insurance company conceals from you evidence that supports your claim;

• If an insurance company refuses to pay or delays payment to your lending institution for the mortgage payment;

• If an insurance company doesn't give a reason for its claim decision;

• If an insurance company gives false reasons to you for refusing to pay your claim;

• If an insurance company refuses to re-evaluate your claim after new evidence comes to light.

WHEN TO CONTACT HEARNE & PIVAC

When you have suffered a loss covered by insurance, an insurance representative will contact you.   If any one of the following occurs you should stop and call:

• You are being asked to sign authorizations to get financial, telephone, and court records;

• You are being asked to give a written authorization to allow the insurance company to inspect and remove your property;

• You are being asked to give a recorded statement;

• You have been given a "proof of loss" form to complete;

• You have been requested to provide detailed inventories of the damaged property;

• The insurance company representative has told you that you are required to repair the damaged property;

• A "cause and origin" or "special investigation unit" investigator is assigned to your claim;

• The insurance company representative won't give you a copy of your policy;

• If you have suffered a substantial or total loss to your property but the insurance representative won't give you an advance on your settlement;

• If a "public adjuster" is contacting you to represent you on your claim;

• If you are being asked to sign an agreement with a salvage or clean-up company to clean, repair or restore your damaged property.