Insurance Litigation

Insurance Litigation

When parties cannot or will not agree on insurance coverage, legal action may be the only option that leads to a resolution. Brooks Law Office represents businesses and other parties in all types of insurance disputes. Brooks Law Office also represents homeowners in claims of construction defects. Our Savannah practice has represented business owners and individuals, as well as homeowners, home buyers and contractors in a wide range of contractual disputes in Chatham County and throughout coastal Georgia.

Bad Faith Denial and Insurance Disputes

Insurance companies make money by collecting and investing the premiums you paid in good faith, and by reducing their payout on claims. But there is a difference between interpreting policies in their favor and knowingly denying legitimate claims which is insurance fraud. You are protected from insurance fraud under bad faith insurance laws. Our firm examines the specific terms of your policy to determine what you are rightfully owed and investigates whether similar claims have been routinely denied by your insurance company.

CASE STUDY 1:

Client: Church

Location: Savannah, GA

Matter: Faulty construction and defective materials

Facts: A congregation built a wood framed church building that was clad with synthetic stucco. The synthetic stucco held water and rotted the wood frame in places. The moisture also attracted termites to the wet wood. An investigation into the construction of the church found that the manufacturer’s directions had not been followed and that the product itself was defective. The investigation also revealed that the building had structural problems.

Result: The case was tried to a jury and the jury returned a verdict of $500,000 in the first trial. The court ordered a new trial and a second jury awarded $350,000.

CASE STUDY 2:

Client: Contractor

Location: Chatham County, GA

Matter: Nonpayment of costs of repair

Facts: A hotel roof was damaged by a severe summer wind and rain storm. The water from the damage ran down three stories of the hotel. The insurance company retained an adjuster who contacted a contractor to repair the hotel. When the work was almost complete, the insurance company denied the claim, asserting that the hotel owner had misrepresented prior damage to the hotel. As soon as the contractor learned that a coverage issue existed, the contractor secured the hotel and left the worksite. Contractor sued the hotel owner, the adjusting company and the insurance company for the estimated value of the work performed. The court dismissed the adjusting company but allowed the case to proceed to trial against the hotel owner and the insurance company.

Result: The case settled favorably just before jury selection.

CASE STUDY 3:

Client: Car Owner

Location: Savannah, GA

Matter: Nonpayment of costs of repair

Facts: Car owner had purchased insurance for her car that included comprehensive damage coverage. Her car was vandalized. The insurance company inspected the car and wrote an estimate for repair. When car owner took the car to the repair shop of her choice, the repair costs were several times the amount of the insurance company estimate. The insurance company did not inspect the car while at the repair shop and did not request or review any photographs taken by the repair shop. When the repairs were completed, the insurance company refused to pay for the repair costs.

Result: The jury awarded the car owner her repair costs, a bad faith penalty and attorney fees.

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