FAQ

Frequently Asked Questions

HOW DO I KNOW IF I HAVE A CASE?

Now more than ever, claims are delayed, underpaid, and denied by insurance companies in an effort to impress their stockholders and board members. If you believe this may have happened or is happening to you, do not hesitate to contact McClenny Moseley & Associates, PLLC, for a free, no-obligation consultation with our expert attorneys.

HOW DO I KNOW IF I HAVE A CASE?

Now more than ever, claims are delayed, underpaid, and denied by insurance companies in an effort to impress their stockholders and board members. If you believe this may have happened or is happening to you, do not hesitate to contact McClenny Moseley & Associates, PLLC, for a free, no-obligation consultation with our expert attorneys.

SHOULD I ACCEPT MY INSURANCE COMPANY’S FIRST OFFER?

Before accepting an insurance settlement offer, consult with an attorney. Insurance claims law firms like MMA help individuals review the facts of each claim. An experienced attorney can help you make an informed decision regarding the settlement.

HOW DO I KNOW IF MY INSURANCE CLAIM HAS BEEN DENIED?

Insurance carriers will typically send you a letter stating that the claim will not be paid and explaining why they refuse to pay. Insurance companies may also deny a claim through inaction by failing to investigate and settle the claim within a reasonable amount of time.

WHAT TO DO IF MY INSURANCE COMPANY DENIES MY CLAIM?

Seek legal help. Bad faith insurance attorneys can review your policy and the basis for the denial to determine whether it is legitimate. If the denial was wrongful, an attorney can help you pursue a claim against your insurance company.

WHAT IS BAD FAITH AND HOW DOES IT AFFECT MY CLAIM?

If your claim was delayed, underpaid, or denied without proper justification, inspection, or warning, you might have a bad faith claim against your insurance company. Insurance companies that have unreasonably denied the coverage you have already purchased are acting in bad faith. This means, according to your state statutes, codes, and laws, you could be entitled to up to three times your damage amount. Searching for bad faith acts is a standard in our investigation. After all, our clients deserve a just and favorable recovery.

WHAT IS A STATUTE OF LIMITATION, AND HOW DOES IT AFFECT MY CLAIM?

A Statute of Limitation (SOL) sets the maximum time after an event within which legal proceedings may be initiated. More simply, it applies an expiration date on claims. Just as one will refrain from drinking milk after the expiration date, one cannot present their claims to a court of law after a claim’s expiration date. The SOL varies depending on the jurisdiction and type of claim. SOLs begin to run from the date of injury, the date it was discovered, or the date on which it would have been discovered with reasonable efforts. We recommend consulting with your attorney to get a clear understanding of your claim’s SOL.

WHAT IS A PROOF OF LOSS FORM, AND WHY DOES MY CARRIER KEEP REQUESTING IT?

A Proof of Loss (POL) is a sworn statement by the policyholder/insured of the amount of money being requested for a claim with supporting documentation. Many carriers now have a clause in their policies necessitating a proof of loss for the claim to be valid. Most clauses require the POL to be submitted within 90 days after the claim is reported. That’s right; reporting the claim via snail mail, phone, email, or fax may not be enough anymore. Failure to fill out the POL accurately can lead to underpayment, delay, or even denial of the claim. Be sure to consult with your attorney before submitting a POL.

WHAT IS THE ESTIMATION PACKAGE?

At the beginning of the claim process at MMA, we will help schedule an expert inspector to inspect the structural damage of your property loss address. This expert will then create an estimation package. The estimation package is a document that details the extent of damages and is a major and necessary component of the claims process.

WHAT IS AN APPRAISAL?

Appraisal involves hiring neutral third-party adjusters to help settle your claim. The appraisers will review the estimate package created by our firm and your Insurance Company (IC) to determine what the settlement should be. This appraisal award is a settlement purely for structural damage, and your attorneys will continue to fight for bad faith claims, attorneys’ fees, and legal fees.

CAN I MAKE REPAIRS TO MY HOME WITH AN ONGOING CLAIM?

If you have had an inspection by one of our expert estimators, then yes, you may. Repairing your home will not affect the status of your claim.

HOW DOES SELLING YOUR HOME AFFECT YOUR ONGOING CLAIM?

This may reduce the amount of the claim. There are different forms of insurance company payment: ACV (actual cash value) and RCV (replacement cost value). ACV is what you could sell the individual building materials in your home for on the street today (think of one of your doors that is nicked up a bit). RCV replaces any building materials you have with new stuff (replacing an old door with a new one). If you sell your home, you may only be entitled to ACV payment rather than RCV payment. Your claim may be reduced by 5-20% in this case. Your claim will still be viable, and it is completely your decision whether you want to sell.

IF I HAVE AN ONGOING CLAIM, WHAT SHOULD I DO IF NEED TO GO OUT OF TOWN/STATE/COUNTRY?

Please send an email to clients@mma-pllc.com with your departure and return date. Most of the time, this will not affect your claim; this is merely if we need a signature quickly, we know when to begin requesting.

WHAT HAPPENS IF YOUR INSURANCE COMPANY GOES INTO BANKRUPTCY OR RECEIVERSHIP?

When an insurance company goes bankrupt or into receivership, it means that the state determined this insurance company is no longer financially solvent. More than likely, the insurance company’s claims will be absorbed into a state-sponsored organization like the Louisiana Insurance Guaranty Association (LIGA) that will then settle the claims. There is also a chance that another insurance company may purchase the bankrupt company’s claims, but this is rare.

WHY CAN’T I SPEAK TO MY INSURANCE COMPANY?

Once a client has been represented, and the IC acknowledges this representation, you may find it challenging to speak to your IC. This is because your IC does not want to breach professionalism. If there is something you need to tell your insurance, like making another claim, invoking a loss of use policy, etc., please email clients@mma-pllc.com, and we will correspond with your insurance company on your behalf.

HOW MUCH WILL I GET AS PAYMENT ONCE MY CASE IS SETTLED?

Every case is different. It is impossible to provide an accurate number or estimate from the onset of any case.

HOW LONG WILL MY CASE TAKE TO FINALIZE?

Each case is different. However, most cases take approximately six months to a year. If we have to file suit, it may take longer.

WILL IT REALLY COST ME NOTHING TO HIRE YOU?

After a loss, we want you to focus on moving forward rather than worrying about bills and costs. This is why our firm operates on a contingency fee agreement, which means you’ll only pay if we recover compensation for you. We’ll also front all expenses; if we win, our payment will come from the recovery—not out of your pocket. That’s right, no settlement, no fees!

WHAT KINDS OF INSURANCE CLAIMS DOES MMA HANDLE?

The attorneys at McClenny Moseley & Associates, PLLC have successfully represented policyholders with insurance disputes and lawsuits, ranging from hurricanes, fires, tornadoes, floods, wind, and hailstorms to theft of property, vandalism, business interruption, and every other sort of property insurance claim imaginable. 

HOW DO I CONTACT MMA?

Email clients@mma-pllc.com or call our customer hotline at 504-224-9082 for all your inquiries.