Declaratory Judgment Complaint With Insurance In Harris
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FAQ
To bring a claim for declaratory judgment in a situation where a patent dispute may exist or develop, the claimant must establish that an actual controversy exists. If there is a substantial controversy of sufficient immediacy and reality, the court will generally proceed with the declaratory-judgment action.
File a Complaint with Your State's Insurance Department: If your insurer continues to be uncooperative, you can file a formal complaint with your state's Department of Insurance. They will investigate whether the insurance company is handling your claim fairly and within legal guidelines.
The statistic is particularly alarming when one considers that the overwhelming majority of appeals—83.2%—resulted in the insurance company either partially or fully overturning the initial prior authorization denial in 2022. That figure is similar to what the overturn rate was between 2019 and 2021.
Typically, when filing a declaratory judgment action, insurers seek an adjudication of both their duty to defend and their duty to indemnify, because the duty to defend is broader than the duty to indemnify and, if insurers do not have the former duty, then they typically do not have the latter duty, either.
Call our Help Line at 800-252-3439. We're answering your calls from 8 a.m. to 5 p.m. Central time, Monday through Friday. We can help you with your insurance complaint against companies, agents, and adjusters.
File a complaint with your State Insurance Department. If your state has a strong insurance department, they will hold the company accountable to act in good faith. You can find your state's insurance department contact information on the NAIC's website map here.
Your right to appeal You may ask your insurance company to conduct a full and fair review of its decision. If the case is urgent, your insurance company must speed up this process. External review: You have the right to take your appeal to an independent third party for review. This is called an external review.
