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Long Term Disability / Life /
Accidental Death / ERISA

Our past years of representing insurance companies taught us a thing or two about how they work behind the scenes. Let our experience work for you.

Texas Bad-Faith Insurance Lawyer

Texas state law holds insurance companies to a good-faith standard with respect to their policyholders. In practice, that means that insurance companies are supposed to act fairly when it comes to paying benefits and refrain from certain practices deemed unfair under Texas law. When a disability insurance provider or other insurer acts in bad faith, the affected policyholder has options to seek relief.

Insurance policies, as well as the laws governing application of those policies can be extremely complex. So, many disability insurance claimants find it helpful to work with an experienced Texas bad faith insurance lawyer. An experienced attorney can explain their options and help them work toward the appropriate relief.


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you have FREE OF CHARGE.

(866) 248-0580

Receiving a bill should never be the first step in getting help. Our firm knows that when dealing with an ERISA, long term disability or insurance claim, what you need is answers, and we are here to provide them free of charge.

Our firm welcomes telephone calls or the opportunity to visit with you in person to answer any questions you may have. We also provide FREE comprehensive case reviews. There is no obligation to hire us as your ERISA attorney.

Why I Love Our Mission Of
Helping People Like You…

Too much is at stake to guess about the best approach and strategy for fighting your denied insurance claim — years and years of financial security.

After spending years representing insurance companies, we don’t guess. We know their playbook and how they work behind the scenes. Using that knowledge, we’ve developed our own Clear Advantage Process for fighting claims.

It’s personally satisfying to use what I’ve learned as an insurance company insider, now for the good — helping families reverse unfair denials of insurance benefits they paid for, need and deserve.


About J. Price McNamara

Price McNamara began his law practice in 1990 representing insurance companies.

In 1995, Mr. McNamara founded McNamara Law Offices, where he represents people across the U.S. who are wrongfully denied long-term disability insurance, life insurance, and accidental death insurance benefits, with special focus on ERISA claims and lawsuits.

His is a member of the Louisiana and Texas Bars, with office locations by appointment only in Baton Rouge, Metairie, and Houston. He lives in Baton Rouge, Louisiana with his wife and their three children.

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What is Bad Faith with Regard to an Insurance Claim?

Insurance companies are not required to pay every claim filed with them. They have the right to evaluate a claim to ensure that the person seeking benefits qualifies under the terms of the policy.

However, when a company denies a claim in an instance where the beneficiary clearly qualifies, that denial may be an instance of bad faith. Tex. Ins. Code §541.060(a)(2)(A) specifies that an insurer violates the law when it fails “to attempt in good faith to effectuate a prompt, fair, and equitable settlement of a claim with respect to which the insurer’s liability has become reasonably clear.”

The Insurance Code goes on to describe numerous other actions that also constitute unfair practices and may also be considered bad faith. For instance, Tex. Ins. Code §541.060(a)(7) states that an insurer commits an unfair settlement practice by “refusing to pay a claim without conducting a reasonable investigation with respect to the claim.”


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Baton Rouge Office

10455 Jefferson Hwy,
Suite 2B
Baton Rouge, LA 70809
Phone: (225) 201-8311
Fax: (225) 201-8313
(By Appointment)

New Orleans Office

4141 Veterans Memorial Blvd.
Suite 212
Metairie, LA 70002
Phone: (504) 458-8455
Fax: (225) 201-8313
(By Appointment)

Houston Office

363 N Sam Houston Pkwy E
Ste 1100 PMB, #114
Houston, TX 77060
Phone: (713) 439-0339
Fax: (225) 201-8313
(By Appointment)

Examples of Possible Bad-Faith Conduct

For-profit insurance companies typically seek to protect their bottom line, regardless of how much they may talk about customer service. Sometimes, in trying to keep their costs low, they cross the line with conduct that is not only unfair but also illegal.

Some examples of illegal bad-faith conduct include:

  • Waiting an unreasonable length of time before paying benefits
  • Failing to investigate a claim promptly
  • Failing to disclose certain benefits or other aspects of a policy
  • Refusing to pay insurance benefits when required
  • Misrepresenting the terms of a policy

Determining whether conduct constitutes bad faith under Texas law can be tricky, but an experienced bad faith insurance attorney could analyze the circumstances of a case to establish the existence of bad faith and ascertain the appropriate remedies to seek.

Remedies for Bad Faith Actions by Insurance Providers

While insurers may be guilty of bad faith in all aspects of insurance, claims for bad faith seem to be more common with certain types of policies, including long term disability insurance. In many instances, it is necessary to file a lawsuit to obtain the benefits that should have been paid all along. Fortunately, a successful bad-faith claim may provide compensation above and beyond the terms of the policy.

Although the filing of a lawsuit will often prompt an insurance company to settle out of court, there can be advantages to taking a case to trial. If an insurer is found to be egregious in its behavior, it may be possible to obtain punitive damages in response to their actions, in addition to damages to compensate for lost benefits and other factors.

Talk to a Texas Bad-Faith Insurance Attorney Today

Insurance companies are quick to accept premium payments on behalf of policy holders, but often slow to pay out when those policyholders need to take advantage of the benefits they were promised. When their settlement practices cross the line into bad-faith conduct, they should be held liable for any harm caused.

So, if you were denied benefits to which you believe you are entitled under your disability policy, it may be worthwhile to consult an experienced Texas bad-faith insurance lawyer. A dedicated attorney could review your claim and make every effort to help you receive the benefits to which you are entitled.

Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

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