Insurance companies deny valid claims every day. When your insurance claim gets rejected, delayed, or underpaid, you need an attorney who understands how insurance companies operate. Odom Law Firm represents clients throughout Fayetteville and Arkansas in insurance disputes, including claim denials, coverage disputes, and bad faith claims.
Our founder worked as an insurance adjuster before becoming an attorney. This background gives us insight into insurance company tactics and practices. We know how insurers evaluate claims. We know when they cross the line into bad faith. With over 40 years of experience and 100+ years of combined attorney expertise, our team fights to recover the benefits you deserve. When you need an insurance dispute lawyer, Odom Law Firm has the knowledge and resources to challenge unfair claim denials. Our Fayetteville personal injury attorneys have successfully handled thousands of cases involving claim denials and coverage disputes.
Why Choose Odom Law Firm for Your Insurance Dispute
If your insurance claim has been delayed, denied, or underpaid, you need attorneys who understand insurer tactics and have a track record of success in resolving disputes. Odom Law Firm was founded by an attorney who previously worked as an insurance adjuster, and the insight he brought from inside the industry still shapes how our team handles complex coverage disputes today. Since 1982, Odom Law Firm has helped Fayetteville and Arkansas policyholders recover millions for denied, delayed, and disputed insurance claims. Here are the reasons clients across Fayetteville and Arkansas continue to trust our team:
- Successfully recovered millions for clients in insurance disputes throughout Fayetteville and Arkansas.
- Direct communication and attentive support—clients always know the status of their insurance case.
- Access to a national co-counsel network for multi-state or complex insurance litigation.
- $2.55 million settlement in a home explosion insurance dispute.
- $1 million settlement in an underinsured motorist claim.
- $410,000 settlement in a house fire insurance dispute.
We work relentlessly to secure fair compensation and resolve disputes for policyholders when insurance companies don’t do what’s right.
What Is an Insurance Dispute?
An insurance dispute arises when you and your insurance company disagree about your claim. This disagreement can take several forms:
- Claim Denial: Your insurer rejects your claim entirely, stating it falls outside your policy coverage.
- Coverage Dispute: You and your insurer disagree about whether your policy covers the loss or damage you experienced.
- Bad Faith Claim: Your insurance company acts unreasonably, dishonestly, or unfairly in handling your claim.
- Underpayment: Your insurer offers a settlement amount significantly lower than the actual value of your loss.
- Delayed Payment: Your insurance company unreasonably delays processing or paying your valid claim.
Insurance disputes can involve homeowners’ insurance, auto insurance, business insurance, life insurance, disability insurance, and other coverage types. You have the right to challenge a decision you believe is unfair or incorrect.
Common types of insurance disputes we handle include underinsured motorist claims, homeowners’ insurance claim denials, auto insurance coverage disputes, business property damage claims, life insurance claim denials, disability insurance disputes, and flood damage insurance claims. If you’ve been in a car accident and your insurance company is disputing liability or coverage, we can help you navigate the claims process.
Why Insurance Companies Deny Claims
Understanding why insurers deny claims helps you recognize when a denial may be improper. Insurance companies cite several reasons for claim denials:
Policy Exclusions and Coverage Limitations: Your policy may exclude certain types of damage or losses. For example, homeowners’ policies typically exclude flood damage. Auto policies may exclude damage from wear and tear. However, insurers sometimes misapply exclusions. They may also misinterpret policy language. If you believe your homeowners’ insurance claim was wrongfully denied due to a misapplied exclusion, we can review your policy and challenge the denial.
Procedural Errors by Claimants:Â Insurance companies require policyholders to follow specific procedures when filing claims. Missing deadlines can result in claim denials. Failing to provide the required documentation can too. Not following notification requirements can also lead to denials. However, insurers must act reasonably in enforcing these requirements.
Disputed Liability:Â In auto insurance claims, the insurer may dispute who caused the accident. If the insurer determines that their policyholder was not at fault, they may deny the claim. They may also limit coverage. This is particularly common in hit-and-run accidents where liability is contested.
Alleged Policy Violations: Insurers sometimes claim you violated policy terms. Examples include failing to maintain your property or misrepresenting information on your application. These violations must be material and proven by the insurer.
Insufficient Documentation:Â Insurers may deny claims when you fail to provide adequate proof of loss. This includes repair estimates, receipts, or medical records. However, you have a reasonable time to gather and submit this documentation.
Timing Issues:Â Some claims involve disputes about when damage occurred. Others involve disputes about when you should have reported it. Insurers may deny claims they believe were reported too late. However, state law typically provides reasonable timeframes for reporting. If you’ve suffered catastrophic injuries from an accident, your insurance company may attempt to deny or minimize your claim.
When an insurer denies your claim, review the denial letter carefully. The insurer must provide specific reasons for the denial. They must cite the policy provisions supporting their decision. If the reasons seem unclear, incomplete, or unreasonable, you may have grounds to challenge the denial.
Bad Faith Insurance Claims in Arkansas
What Constitutes Bad Faith?
Arkansas law imposes a duty of good faith and fair dealing on all insurance companies. This means your insurer must handle your claim honestly, fairly, and reasonably. Bad faith occurs when an insurance company breaches this duty. They act dishonestly or unreasonably.
Insurance companies violate their duty of good faith and fair dealing when they:
- Deny a claim without a reasonable basis
- Fail to investigate your claim properly
- Misrepresent policy terms or coverage
- Delay processing your claim without justification
- Refuse to communicate with you about your claim
- Settle claims from other policyholders more favorably without a legitimate reason
- Ignore evidence supporting your claim
Arkansas courts recognize that insurance companies have significant power over policyholders. The law requires insurers to exercise this power fairly and honestly. They cannot maximize profits at the expense of valid claims. According to the Arkansas Insurance Commissioner’s office, bad faith claims are taken seriously and can result in significant penalties against insurers.
When Can You Sue for Bad Faith?
You can pursue a bad faith claim against your insurance company when they act unreasonably or dishonestly. Common bad faith scenarios include:
Unreasonable Claim Denial: Your insurer denies a claim that clearly falls within your policy coverage. They may deny it based on reasons that contradict the policy language. They may also deny it based on reasons that contradict the facts of your situation.
Failure to Investigate Properly: Your insurer refuses to investigate your claim adequately. They ignore evidence you provide. They fail to follow up on leads that would support your claim.
Misrepresentation of Policy Terms: Your insurer tells you your policy does not cover something when it actually does. They may misstate coverage limits or exclusions.
Unreasonable Delays: Your insurer delays processing your claim for months without explanation. They provide no justification for the delay. This causes you financial hardship. If you’ve suffered workplace injuries and your workers’ compensation claim is being delayed, this may constitute bad faith.
Inadequate Settlement Offers: Your insurer offers a settlement amount that bears no reasonable relationship to the actual value of your claim. This is especially true when they have evidence supporting a higher value.
If you can prove bad faith, you may recover more than your original claim amount. You may also recover additional damages for the insurer’s wrongful conduct. These damages include emotional distress, lost income, and attorney fees.
How We Handle Insurance Disputes
Odom Law Firm takes a strategic, thorough approach to insurance disputes. We begin by reviewing your policy. We examine the denial letter. We review all documentation related to your claim. Our attorneys analyze whether the insurer’s decision complies with Arkansas law and your policy terms.
Initial Claim Review and Analysis:Â We examine your insurance policy carefully. We look for coverage that applies to your situation. We review the insurer’s denial letter to identify the specific reasons for the denial. We determine whether those reasons are legally sound. Our team has handled commercial litigation matters involving complex insurance disputes.
Demand Letter Preparation: If we believe your claim was wrongfully denied, we prepare a detailed demand letter. This letter explains why the insurer’s decision violates Arkansas law. It shows how they misinterpreted your policy. This letter often persuades insurers to reconsider their position.
Negotiation with Insurance Companies:Â We negotiate directly with the insurance company’s claims adjuster and legal representatives. Our founder’s background as an insurance adjuster gives us insight into how insurers evaluate claims. We know what arguments carry weight with them. Many disputes resolve through negotiation without litigation.
Litigation if Necessary:Â If negotiation does not produce a fair settlement, we file a lawsuit on your behalf. We prepare your case for trial. We gather evidence and take depositions. We build a compelling argument for why the insurer acted in bad faith. We show how they misinterpreted your policy. For cases involving product liability or medical malpractice, we have the expertise to handle complex litigation.
Settlement or Trial Representation: Whether your case settles before trial or proceeds to the courtroom, we represent your interests aggressively. We have recovered millions of dollars for clients in insurance disputes.
Frequently Asked Questions About Insurance Disputes
If you’re still unsure how the process works, these frequently asked questions about insurance disputes may provide the guidance you need.
How long does an insurance dispute take to resolve?
The timeline depends on the complexity of your case. It also depends on whether it settles or goes to trial. Many insurance disputes resolve through negotiation within 3-6 months. If your case requires litigation, resolution may take 1-2 years or longer. We work to resolve your dispute as efficiently as possible. We ensure you receive fair compensation.
What damages can I recover in an insurance dispute?
In a successful insurance dispute claim, you can recover the amount of your original claim. This is the benefits your policy should have paid. If you prove bad faith, you may also recover additional damages. These include compensation for emotional distress. You may recover lost income caused by the delayed or denied claim. You may recover interest on the claim amount and attorney fees. In some cases, you may recover punitive damages if the insurer’s conduct was particularly egregious.
Do I need an attorney for an insurance dispute?
While you can attempt to resolve an insurance dispute on your own, having an attorney significantly improves your chances of success. Insurance companies have experienced claims adjusters and legal teams. An attorney levels the playing field. We ensure your rights are protected. We know how to present your case persuasively. Many policyholders who try to handle disputes alone end up accepting inadequate settlements. Some give up entirely.
Can I appeal a denied insurance claim?
Yes. Most insurance policies include an internal appeal process. If your claim is denied, you can request that the insurer reconsider its decision. You can provide additional documentation or arguments. If the internal appeal fails, you may have access to an external review process. This process goes through your state’s insurance commissioner’s office. If external review does not resolve the dispute, you can file a lawsuit against the insurer.
What is the difference between a coverage dispute and a claim denial?
A coverage dispute occurs when you and your insurer disagree about whether your policy covers the loss or damage you experienced. The insurer may acknowledge that you suffered a loss. They may argue that your policy does not cover it. A claim denial occurs when the insurer rejects your claim for other reasons. These include failure to follow procedures, misrepresentation on your application, or a policy exclusion. Both situations can be resolved through negotiation or litigation.
How much does it cost to hire an insurance dispute lawyer?
Odom Law Firm represents clients in insurance disputes on a contingency fee basis. This means you pay no upfront costs or attorney fees. We only recover a fee if we successfully resolve your dispute. This may be through settlement or trial. Our fee comes from the recovery we obtain for you. We have every incentive to maximize your compensation.
Contact Odom Law Firm for Your Insurance Dispute
If your insurance claim has been denied, delayed, or underpaid, do not accept the insurer’s decision without consulting an attorney. Insurance companies count on policyholders giving up. They expect people to accept inadequate settlements. Odom Law Firm fights back.
We offer free consultations to discuss your insurance dispute. During your consultation, we review your policy. We explain your rights under Arkansas law. We discuss your options for resolving the dispute. We serve clients throughout Fayetteville, Northwest Arkansas, and across the state.
Do not let an insurance company deny you the benefits you deserve. Contact Odom Law Firm today for a free consultation. Call 479-442-7575 or fill out our online contact form. Time limits apply to insurance disputes, so contact us promptly.
