Brasher Succeeds in Furthering Lawsuit Against Insurance Company While Setting an Important Precedent
Having confronted American Risk Insurance Company in both trial court and the 14th Court of Appeals, Brasher Law Firm has succeeded in blocking actions by American Risk Insurance Company to delay, or even avoid a trial involving a standard insurance claim from one of the company’s customers.
Attempt to Avoid Trial
Plaintif, Hussam Barazi, filed a suit against American Risk Insurance hoping to compel them to honor their contract with him. However, in an attempt to delay indefinitely—or even prevent a trial altogether—American Risk Insurance waited until only weeks before the trial date to invoke a contractual provision allowing them to dispute the loss.
The original trial court denied the request and ordered that the trial proceed as originally scheduled, but American Risk Insurance took the case to the 14th Court of Appeals. The attorneys of Brasher Law Firm were able to convince the appellate court that to invoke a dispute mere weeks before the trial date was too soon—particularly as it was simply a brazen attempt to overpower the plaintiff in the case, Mr. Barazi, and avoid a potentially costly court case.
An Important Precedent
The ruling by the 14th Court of Appeals sets an interesting and important precedent. Thanks to the court’s decision and the hard work of Brasher Law Firm’s attorneys, insurance companies will now be required to submit claims and damage disputes within a reasonable time period before set trial dates.
We previously posted a blog article in regards to insurance claims from hailstorms, anticipating that insurance companies would attempt to neglect their duties in paying their customers’ claims after recent hailstorms swept the area. We continue to push for legal changes in how insurance companies are required to handle hailstorm claims. We still hope to change the way in which insurance companies respond to claims. For example, we would like that insurance companies be forced into mediation before going to trial with their customers, and we would like to see hailstorm claims be treated similar to the way in which windstorm claims are handled.
This sort of behavior is not uncommon for insurance companies, though the case of Hussam Barazi vs. American Risk Insurance Company goes a long way in holding insurance companies accountable.
Contact Brasher Law Firm, PLLC today!
If you or anyone you know is having difficulty getting their insurance company to do the job for which they were hired, please contact the experts with a proven track record of taking big companies to court and winning: Brasher Law Firm.