All attorneys at McCormick and Boyd Law Firm are experienced in every aspect of insurance litigation. As part of our service to clients, we often speak on the statutory and common law rights and responsibilities of insurance carriers. We also offer a variety of courses to satisfy state requirements for continuing education. When it comes to first-party coverage, explaining claims-handling requirements, compliance with Texas Deceptive Trade Practices Act or the Unfair Claims Settlement Practices Act, prosecuting fraud and arson, resolving health and life insurance claims, defending the companies' insureds, or asserting insurance companies' subrogation rights, there is no one else you want on your side than the trusted team of McCormick and Boyd Law Firm.
McCormick and Boyd Law Firm is aggressive when it comes to representing insurance companies when their own insured drags them into litigation. The phrase "the best defense is a good offense" has never been more appropriate than when it's applied to first-party insurance litigation.
Terrific attorneys often stumble when defending carriers directly—the cases cannot be handled like a typical liability case. The situation requires a cohesive approach from start to finish and a commitment to try the case from the completion of the investigation. The gloves come off and the case becomes a donnybrook from voir dire to closing.
As Benjamin Franklin once said, "an ounce of prevention is worth a pound of cure." At McCormick and Boyd Law Firm we work with insurance companies to be that ounce of prevention. We are as committed to educating our clients on the complexities of the law as we are to providing top notch legal services in the courtroom. Whether it be providing Continuing Education to claims adjusters or answering questions on matters that have not yet been assigned, some of the topics we regularly discuss with our clients are how to navigate the complex claims-handling requirements imposed on insurance carriers, how to navigate the pitfalls of the Texas Unfair Claims Settlement Practices Act, how to comply with the Texas Prompt Payment of Claims Act, and how to ensure that the insurance company does not become subject to a claim under the Texas Deceptive Trade Practices Act.
When red flags go up and the truth and veracity of a claim is called into question, McCormick and Boyd Law Firm is the law firm you want and need on your side. McCormick and Boyd Law Firm has handled hundreds of Examinations Under Oath in order to nail down an insureds motives to submit a false insurance claim. Whether the claim is property damage, arson, staged auto accidents, or merely exaggerated personal injury or property claims, the insurance industry should have no patience for dishonesty. As is often said, the best lie detector test is always a thorough cross examination with an edge to it that is more aggressive than in any other area of practice.
It takes a lot to call someone a liar in front of a jury and back it up. That is something that is not taught in law school; it is earned through hard-fought experience in the court room. McCormick and Boyd Law Firm has vast experience personalizing insurance companies in front of juries. We know how to overcome the "David and Goliath" image that is often present when an insured sues an insurance company. We do this by demonstrating the desperate need for honesty and by showing the adverse effect on premiums. We are skilled in walking this delicate walk, yet this walk is only gained through experience. When it comes to fraud and arson, McCormick and Boyd Law Firm is the law firm you want on your side.
People purchase a life insurance policy in order to protect the financial interest of their loved ones in the tragic event that they lose their lives. Yet like all insurance policies the basis of the insurance agreement is the contract. To determine the premiums, insurance companies need to know the risk. Insurance companies base their risk analysis on the representations of the insured. Whether it be out of fear of exposing socially deviant behavior to scrutiny, embarrassment of existing medical conditions, or in order to obtain lower premiums, people often lie about material questions that would dramatically affect how the insurance company evaluates the risk for the potential insured. Often what is concealed would cause an insurance company to determine that the risk of insuring the potential client is greater than the possible reward and they would have denied coverage. At McCormick and Boyd Law Firm, we work with insurance companies within the contestability period to investigate whether misrepresentations were made and whether there are grounds for denying the claim made by the beneficiaries of the policy. Once a denial is made, litigation is all but certain. Once litigation ensues, McCormick and Boyd Law Firm will stand by your side and defend an insurance company's right to deny claims made on a policy procured through misstatements, deceit, or fraud. We have considerable experience in personalizing insurance companies to juries and showing why the weeping widow and grieving children cannot recover under the wrongfully obtained policy.
Concerns facing health insurance companies are greater than ever—threatened regulation of the industry, fears that the government will enter the health care arena, and the movement for a single payer system. These are but a few concerns facing health insurance companies today. With the health care landscape continually changing, you want someone on your side that can help you through these troubled waters. We constantly monitor the changes that face health care insurers and we provide guidance, knowledge and support in the requirements relating to portability of insurance from employer to employer, how to work with COBRA, issues surrounding pre-existing conditions of employees and dealing with contractual requirements that carriers insure eligible employees. Keeping you informed and protected in this ever-changing atmosphere requires knowledge of the interplay between state laws governing health insurance, ERISA and other federal laws, and a willingness to stay on top of developments in Congress relating to health insurance. As these issues continue to evolve, McCormick and Boyd Law Firm is the law firm you want by your side as you sail the seas of uncertainty.
Whenever there is a third-party claim, the threat of litigation becomes very real. McCormick and Boyd Law Firm has decades of experienced defending claims made by a third party against an insurance company's insured. Whenever a third-party claim arises from a motor vehicle accident involving a company's insured, a slip-and-fall on an insureds property, other incidents involving an insured, you will want the experience of McCormick and Boyd Law Firm. We work to protect your insureds interests and preserve your relationship with them. From the outset we fully evaluate the risk involved in the asserted claim pursuant each insurance company's individualized requirements. We work to find other parties who may be responsible and seek indemnification from them. We develop aggressive trial strategies to achieve the best possible results for the insured while seeking to minimize the financial risk to the insurance company.
It is a general principle of law that the wrongdoer should be the one to make amends. When an insurance company pays the claims of its insured it is subrogated to the rights of the insured. If that claim was caused by someone else, McCormick and Boyd Law Firm will be your champion in assisting you to recover these claims. Through the subrogation process McCormick and Boyd Law Firm will assist you in stepping into the shoes of your insured and prosecuting their rights through litigation to ensure that the wrongdoer, not the insurance company, is the party who has to pay for the damage. It is what is right and McCormick and Boyd Law Firm works vigorously to assert an insurance company's right to recover the money it has paid out to an insured.