Practice Areas

Uniquely Qualified To Handle Fire Insurance Disputes

In the aftermath of a fire or other unfortunate incident in which there has been property loss, many homeowners who have dutifully paid for insurance coverage encounter resistance on the part of their insurer to reimburse them. In some cases, insurers question the legitimacy of the claim or undervalue the loss.

Homeowners do have recourse against bad faith insurance practices. It is important, however, to work with an experienced insurance disputes attorney as early in the process as possible. If your claim has been denied or is being scrutinized, you may begin to feel like you are under suspicion — and you may be. An experienced lawyer can advocate on your behalf while preventing you from providing information that may hurt your case.

We accept bad faith insurance cases on a contingency fee basis. This means you will only pay attorney fees if we successfully obtain a recovery from the insurance company for you.

The Waldrop Firm, P.C., in Germantown, provides assertive and accomplished legal guidance to homeowners in Tennessee and Mississippi who are struggling to collect from an insurance company following a fire or other calamity.

A Lawyer Who Has Been On All Sides Of House Fire Disputes

Attorney David M. Waldrop is a former firefighter who also worked for 27 years handling fire defense cases for insurance companies. You would be hard-pressed to find an attorney with a more comprehensive understanding of house fires and the strategies used by insurance providers to minimize or deny claims.

If your insurer is delaying resolving your claim, it is wise to enlist the services of our firm. If an insurer requests an examination under oath (EUO), you should immediately call an attorney. In most instances, an EUO is a sure sign that the insurer suspects the claim is fraudulent. It is imperative to work with an experienced attorney who can protect your interests.

Burdens Of Proof Differ In Tennessee And Mississippi

The law as it applies to insurers and the insured in arson investigations are different in Tennessee and Mississippi. In Tennessee, an insurer "must show by a preponderance of the evidence that the loss was due to a fire of incendiary origin, that the insured had an opportunity to set the fire, and that he had a motive to do so." In Mississippi, an insurer must prove arson by "clear and convincing evidence," which requires more proof than a "preponderance of the evidence." We have a thorough understanding of these differences and structure cases accordingly.

Homeowners also frequently encounter problems being fairly compensated if they recently filed bankruptcy or if something was not disclosed on an insurance application. We have successfully represented clients in challenging instances such as these.

If your insurance company is delaying payment on a claim, it is critical to enlist our services promptly. We invite you to schedule a free consultation in which we will answer your questions and recommend the best steps to take. We work with residents of Shelby County and all of southwest Tennessee and northeast Mississippi.