Insurance Disputes

Insurance dispute cases turn on state-specific bad-faith statutes that materially change the settlement calculus. Louisiana’s La. R.S. 22:1892 (50% property-claim penalty) and 22:1973 (auto-carrier framework), Georgia’s O.C.G.A. §33-4-6 (60-day demand, 50% penalty), and Alabama’s more restricted bad-faith framework each create statutory leverage against arbitrary carrier conduct. Our firm handles first-party disputes across all three states — denied claims, bad-faith claims, underpaid claims, delayed claims, and UM/UIM coverage disputes. Free case review; contingency-based representation.

The insurance dispute cases we handle

• Denied claims — first-party property, auto UM/UIM, health, and disability claims denied outright.
• Bad faith insurance — arbitrary and capricious carrier conduct triggering statutory penalties.
• Underpaid claims — cases where the carrier acknowledged coverage but paid less than the loss.
• Delayed claims — cases where the carrier failed to respond, investigate, or pay within statutory windows.
• UM/UIM disputes — waiver-validity challenges, McDill Tender enforcement (Louisiana), stacking arguments.
• Hurricane and named-storm property claims — first-party property claims after tropical events. Read our detailed guide: Hurricane Insurance Claims in Louisiana, Alabama & Georgia.

How the three states’ bad-faith frameworks differ

Practical takeaway. The statutory penalties in Louisiana and Georgia mean that a carrier’s arbitrary refusal to pay a covered claim can multiply the settlement value by 1.5x to 3x compared to the underlying loss. Alabama’s more restrictive bad-faith framework produces smaller multipliers but still creates meaningful leverage in the right facts.

Common carrier tactics — and how to counter them

• “Insufficient documentation.” The carrier demands additional records repeatedly. Louisiana’s R.S. 22:1892 imposes a 30-day investigation deadline; extending it indefinitely can itself be arbitrary conduct.
• “Not a covered loss.” The carrier asserts an exclusion or policy limitation. Careful reading of the entire policy — including endorsements — is critical.
• “Depreciation and actual cash value.” The carrier reduces the payment based on aggressive depreciation. Replacement-cost policies require different treatment than actual-cash-value policies.
• “Contested cause of loss.” The carrier attributes the damage to an excluded cause (wear-and-tear, pre-existing damage). Independent expert evaluation frequently reverses these determinations.
• “Delayed inspection.” The carrier delays sending an adjuster, then argues the delay was the insured’s fault. Documenting every communication in writing is critical.
• “Reservation of rights letter.” The carrier reserves the right to deny coverage while investigating. This letter itself does not create bad faith, but subsequent conduct may.

What evidence should I preserve?

1. The policy — full policy including all endorsements and declarations pages.
2. The claim file correspondence — every letter, email, and phone-call log with the carrier.
3. Photographs and video of the damage or loss before repairs.
4. Third-party estimates — independent contractor or repair estimates.
5. Proof of loss and other required forms filed within policy deadlines.
6. Medical records if the claim involves bodily injury.
7. Prior payments and prior claim history under the same policy.

What damages can I recover?

• The underlying covered loss — the amount the carrier should have paid.
• Statutory penalty — 50% under Louisiana R.S. 22:1892 (property); greater of $5,000 or two times damages under 22:1973 (auto); 50% or $5,000 under Georgia §33-4-6.
• Attorney’s fees — recoverable under the same statutes.
• Consequential damages — where the carrier’s delay caused additional losses (e.g., business interruption beyond what the policy covered directly).
• Third-party excess-verdict recovery — where a carrier’s failure to settle within policy limits led to a judgment exceeding the limits.

Talk to an insurance dispute lawyer

Insurance disputes often turn on strict statutory deadlines and specific procedural windows. The first 60 days after a coverage denial are typically the most important part of the case.

• New Orleans: 504-269-3870
• Mobile: 251-444-3519
• Atlanta: 504-269-3870
• Free case review: maplesconnick.com/contact