When your insurance company denies or delays your first-party claim, you may need an attorney who understands policy language and bad faith tactics. Williams Hart & Boundas, LLP represents commercial policyholders and business owners across Houston who face claim denials, underpayments, and delays. We handle commercial property damage, business interruption, commercial auto, and other business insurance disputes. We can also assist with residential claims when needed.
Why Choose Williams Hart & Boundas, LLP for Your First-Party Insurance Claim
Your insurance company has teams of adjusters and lawyers working to minimize what they pay. You deserve representation to match those resources. Williams Hart & Boundas, LLP brings decades of experience fighting insurance companies on behalf of policyholders.
Rene M. Sigman, one of our lead attorneys, was among the first attorneys to obtain verdicts for both a residential Hurricane Ike claim and a municipal claim against carriers in Texas. She has handled thousands of weather-related claims involving Hurricanes Rita, Dolly, Ike, Sandy, and Harvey. In Hurricane Sandy cases, she cross-examined adjusters who revised reports. This work led to government agency investigations, the production of draft engineer reports by carriers, and the settlement of the Sandy docket for multiple plaintiff firms.
Sean McCarthy earned 2026 Texas Super Lawyers recognition in Business Litigation. He handles personal injury and commercial litigation. His track record includes a $15 million jury verdict for a pedestrian hit by a company vehicle, a $13 million verdict for a train crash, a $25 million settlement for a construction company’s breach of contract claim, and a $5.75 million settlement for a surgical center against a healthcare plan.
We work on a contingency fee basis for most first-party claims, meaning you pay nothing unless we recover money for you. We offer a free consultation to evaluate your claim and explain your options.
What Is First-Party Insurance?
First-party insurance is coverage you purchase to protect your own property and interests. When you file a claim under your own policy, you’re making a first-party claim. This differs from third-party claims, where you seek recovery from someone else’s insurance after they cause you harm.
Types of First-Party Commercial Insurance Claims We Handle
Commercial policyholders face challenges when their claims are denied or underpaid. We represent businesses in disputes involving:
- Commercial property damage claims cover losses from fire, theft, vandalism, weather events, and other covered perils. These claims can involve significant property values and damage assessments. Our team has recovered substantial settlements for commercial property damage disputes. We understand how to challenge insurer valuations and obtain fair compensation for your property losses.
- Business interruption coverage aims to reimburse lost income when property damage forces you to suspend operations. These claims require detailed financial documentation and often face insurer scrutiny. We help clients document lost income and challenge insurer denials of business interruption claims. Our experience includes recovering substantial business interruption awards.
- Commercial auto insurance disputes arise when insurers deny coverage for vehicle damage, liability claims, or uninsured motorist claims affecting your business vehicles. Whether your claim involves a single vehicle or a fleet, we have experience challenging coverage denials. We work with accident reconstruction experts to establish liability and coverage.
- Equipment breakdown and inland marine coverage protect machinery and equipment. Disputes often center on whether damage falls within policy coverage. We work with engineers and equipment specialists to establish that damage is covered under your policy. Our technical expertise helps us challenge insurer denials of equipment claims.
- Cyber liability claims cover losses from data breaches, ransomware, and other cyber incidents. These coverage types generate frequent disputes over what constitutes a covered loss. As cyber threats evolve, insurers increasingly dispute whether losses fall within policy language. We have experience with emerging cyber liability disputes.
- Crime insurance claims cover employee theft, robbery, and other criminal acts. Insurers sometimes deny these claims by arguing that the policyholder failed to follow security procedures. We challenge these denials by analyzing policy language and security requirements. We have successfully recovered on crime insurance claims that insurers initially denied.
Residential First-Party Claims
While our practice emphasizes commercial claims, we also handle residential first-party disputes. Homeowners and condo associations face claim denials involving homeowner’s insurance, water damage and mold claims, fire and theft losses, and other residential coverage disputes. We represent homeowners in disputes with their insurers.
Common Reasons Insurance Companies Deny First-Party Claims
Insurance companies sometimes deny claims through tactics that involve policy interpretation. Understanding these denial strategies helps you recognize when you may need legal representation.
- Misinterpreting policy language or exclusions is common. Policies contain language that insurers may interpret in ways favorable to themselves. We review these interpretations and challenge them when they contradict the policy’s plain meaning or Texas law. Policy language disputes are often resolved in favor of policyholders when properly challenged.
- Undervaluing property damage assessments happens when insurers hire adjusters who provide low damage estimates. We obtain independent appraisals and reports to counter low valuations. Our experience with thousands of claims gives us insight into fair damage valuations. We work with certified appraisers to establish true damage values.
- Claiming policy exclusions apply requires careful policy analysis. Some exclusions are narrower than insurers claim, and others may not apply to your specific loss. We analyze exclusion language in the context of your specific loss. Many exclusions have been interpreted narrowly by Texas courts.
- Delaying claim processing beyond reasonable timeframes may violate Texas law. Insurers must acknowledge claims promptly and respond to requests for information within specified periods. Unreasonable delays can constitute bad faith. We track insurer response times and hold them accountable.
- Requesting excessive documentation can burden policyholders. We help you understand what documentation is actually required under your policy and Texas law. We push back against unreasonable document requests. Insurers cannot use documentation requests as a delay tactic.
- Disputing causation, what caused the damage, allows insurers to deny claims by arguing the loss doesn’t fall within covered perils. We work with engineers to establish causation and prove your loss is covered. Causation disputes often require expert testimony to resolve.
How Williams Hart & Boundas, LLP Handles Your First-Party Insurance Claim
Initial Claim Review and Strategy
We begin by reviewing your denial letter, policy documents, and supporting evidence. We identify the specific reason the insurer denied your claim and develop a response strategy. This review determines whether negotiation, appraisal, or litigation offers a path forward. Our initial analysis is thorough and identifies all potential claims.
Negotiation and Settlement
Many claims resolve through negotiation. We present evidence, challenge the insurer’s position with reports and legal analysis, and work toward a settlement. Our experience with thousands of claims gives us insight into settlement ranges and insurer negotiating patterns. We know when to push for more and when a settlement offer is fair. Skilled negotiation often resolves claims without litigation.
Appraisal and Dispute Resolution
Many policies include appraisal clauses that allow either party to invoke a neutral appraisal process to resolve valuation disputes. An independent appraiser reviews the damage and determines the claim value, which is generally binding on both sides. Appraisal can often resolve disputes more efficiently than litigation. We guide clients through the appraisal process and ensure their interests are protected. Appraisal is often the fastest path to resolution.
Litigation When Necessary
If negotiation and appraisal do not resolve the matter, we can file suit and represent you through trial. Our team has experience with insurance litigation in federal and state courts across Texas. We handle discovery, witness coordination, motion practice, and trial preparation. Our litigation experience includes obtaining substantial verdicts and settlements against major insurance carriers. We are prepared to take your case to trial if necessary.
First-Party vs. Third-Party Insurance Claims
Understanding the difference between first-party and third-party claims helps you recognize what type of claim you have.
- First-party claims involve your own insurance policy. You file a claim under your coverage, and your insurer pays for your losses. The relationship is direct—you and your insurer. First-party claims cover your own property damage, business interruption, medical payments, and similar losses you experience directly. First-party claims are governed by your policy language and Texas personal injury law.
- Third-party claims involve someone else’s insurance. If you injure someone or damage their property, they file a claim against your liability insurance. Your insurer defends you and pays their claim. Third-party claims include car accidents where you’re at fault, premises liability when someone is injured on your property, and product liability when your product injures someone. Third-party claims focus on liability rather than coverage.
The claim process differs. First-party claims require your insurer to investigate your loss and address valid claims promptly. Third-party claims require your insurer to defend you against the other person’s claim. First-party claims focus on the amount of your loss; third-party claims focus on whether you’re legally liable. Understanding this distinction helps you know what to expect.
What to Do If Your First-Party Claim Is Denied
If your insurance company denies your claim, you can follow these steps to protect your rights.
- Review the Denial Letter carefully. Understand the specific reason for denial. Is the insurer claiming the loss isn’t covered? Did you not follow policy requirements? Does the damage exceed policy limits? The reason informs your next steps. The denial letter must provide specific reasons under Texas law.
- Gather Documentation to support your claim. Collect photos of the damage, repair estimates from contractors, receipts for damaged property, reports, and evidence supporting your loss. Strong documentation is essential to challenging a denial. The more evidence you gather, the stronger your position.
- File an Internal Appeal within the timeframe specified in your denial letter. Most policies allow appeals within a specific window. Present evidence or arguments that the insurer may have overlooked. Many denials are reversed on appeal. An internal appeal is often your first opportunity to challenge the denial.
- File a Complaint with the Texas Department of Insurance if you believe the insurer is acting in bad faith or violating insurance regulations. The TDI investigates complaints and can impose penalties on insurers who violate the law. Filing a TDI complaint can pressure insurers to reconsider denials. The TDI has the authority to fine insurers for violations.
- Consult an Attorney with experience in first-party insurance claims. An attorney can evaluate whether your claim has merit, estimate its value, and represent you in negotiation or litigation. Many attorneys, including Williams Hart & Boundas, LLP, offer free consultations. An experienced insurance attorney can often recover significantly more than you would recover alone. Legal representation levels the playing field against insurance company lawyers.
Bad Faith Insurance and Your Rights
Insurance companies have a legal duty of good faith and fair dealing. This duty requires insurers to investigate claims reasonably, respond to requests promptly, and address valid claims without unreasonable delay or underpayment.
Bad faith may occur when an insurer denies a claim without reasonable investigation, misrepresents policy terms, fails to respond to claim requests, underpays claims without justification, or delays claim processing unreasonably. Bad faith can also include failing to acknowledge receipt of a claim or refusing to provide reasons for denial. Also, bad faith conduct violates Texas law.
If your insurer acts in bad faith, you may be able to recover more than just your claim amount. Under Texas Insurance Code § 541.151, you can recover attorney’s fees, court costs, and damages for bad faith conduct. These damages can exceed the original claim value, providing leverage in negotiation. Bad faith claims can result in punitive damages in some cases. Bad faith recovery can be substantial.
Frequently Asked Questions
How long do I have to file a first-party insurance claim in Texas?
Texas law generally allows 2 to 4 years from the date of loss to file a lawsuit, depending on the claim type. However, your insurance policy may have shorter deadlines for notifying the insurer of a loss. Most policies require notice within a specific timeframe, such as 30 to 60 days. Contact us to help ensure you meet all deadlines. Missing a deadline can result in the loss of your claim. Prompt action is essential.
Do I need an attorney to handle my first-party insurance claim?
You’re not required to hire an attorney, but insurance companies have teams of adjusters and lawyers working to minimize payouts. A first-party insurance attorney helps level the field. We help you understand your policy, challenge the insurer’s position, and negotiate or litigate for compensation. Our contingency fee arrangement means you pay nothing unless we recover for you. An attorney’s involvement often results in higher recoveries.
What does it cost to hire Williams Hart & Boundas, LLP?
We work on a contingency fee basis for most first-party claims. You pay nothing unless we recover money for you. We discuss our fee arrangement and all costs during your free consultation. There are no upfront costs or hidden fees. Our fee structure aligns our interests with yours.
Can I sue my insurance company for denying my claim?
Yes. If your insurer denies a valid claim or acts in bad faith, you can file a lawsuit. We handle these cases and have experience obtaining verdicts and settlements against insurance carriers. Texas courts recognize that policyholders have the right to sue insurers for breach of contract and bad faith. Our case results demonstrate our success in insurance litigation. We have recovered millions for clients in insurance disputes.
What is an appraisal clause?
An appraisal clause allows either party to invoke a neutral appraisal process to resolve valuation disputes. When you and your insurer disagree on the amount of damage, you can request an appraisal. An independent appraiser reviews the damage and determines the claim value, which is generally binding on both sides. Appraisal is often faster and less expensive than litigation. Appraisal can resolve disputes in weeks rather than months.
How long does a first-party insurance claim take to resolve?
Timelines vary depending on claim details. Some claims may settle in weeks. Claims involving significant property damage or business interruption can take months. Litigation can take a year or more. We keep you informed and work to resolve your claim as efficiently as possible. Our goal is to maximize your recovery while minimizing delay. We prioritize efficiency without sacrificing your interests.
What if the insurance company offers a settlement I think is too low?
We evaluate settlement offers against the value of your claim based on policy coverage, damage assessments, and comparable claims. If an offer is low, we can negotiate further or pursue litigation. We do not pressure you to accept an offer you’re uncomfortable with. Your satisfaction with the outcome is our priority. We provide honest advice about settlement value.
Contact Williams Hart & Boundas, LLP for Your Free Consultation
Don’t let an insurance company deny or underpay your claim. Williams Hart & Boundas, LLP fights for commercial policyholders and business owners across Houston. Our lawyers have the resources and track record to challenge insurance companies and work to recover what you are owed under your policy.
Call (713) 230-2200 or complete our online form to schedule your free consultation today. We’ll review your claim, explain your options, and discuss how we can help. There’s no obligation, and you pay nothing unless we recover for you.