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 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.
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.
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.
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.
“Price showed no fear. The only thing I can use to actively describe what I saw that day in court was someone standing there protecting our family and fighting for them at the same time…he took control of the situation and was truthful.”
“It was a smooth process. I didn’t have to guess about what was going to happen next…I was reassured that he was going to do the right thing. I was reassured that he was looking out for me.”
“He was ready to fight for me…I felt like he had my best interest in mind. It wasn’t just for the paycheck at the end.”
“Price worked for an insurance company in the past and now he’s working against the insurance company so it was because of that we trusted that he knew how an insurance company worked and how to fight them.”
“I feel blessed that I can help turn things around for my clients who have been denied that piece of mind of financial stability and we make sure that the insurance company and the court realize that these are actual people, these are families that are suffering greatly.”
I want to say thanks to J. Price McNamara for the sound free advice he gave me related how to increase my chances of being approved for Long Term Disability of being denied. I must say after implementing elements of…
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like…
I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will…
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able…
I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who…
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the…
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by…
My client’s cause for an ERISA accidental death and dismemberment denial lawsuit began when both Esther and her husband were involved in a tragic head-on collision with an 18-wheeler. This tragic accident resulted in severe injuries to Esther, as well as David’s untimely death.
Our client, a young husband with two children, sustained closed-head brain injury as a result of an automobile accident. The at-fault driver’s insurance company initially refused to pay, but shortly before trial, agreed to pay the entirety of its insurance policy limits of $2,000,000.
Our client was a floor hand and Jones Act seaman who suffered a shoulder injury while working for Blake Offshore, LLC. Suit was filed in federal court in New Orleans. Blake and its insurance company offered relatively little in settlement, so the case proceeded to trial.
Our client sustained a fractured hip and reduced ability to earn wages in the future as a result of an accident sustained on the offshore drilling rig to which he was assigned. Suit was filed in federal court in New Orleans.
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.”
Our number-one goal is getting you and your family back to financial security as soon as possible.
Complete the confidential form for a free, no obligation case evaluation and we’ll tell you how we can help.
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:
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.
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.
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.
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