What Is First Party Insurance?

Insurance is intended to be a safety net, providing policyholders with financial relief when unexpected events occur. We pay our premiums, expecting insurance companies to uphold their end of the bargain when it is necessary to file a claim. However, insurance companies are in business for profit, and may deny, delay, or offer an unfair settlement on a valid claim. 

First party insurance is coverage policyholders purchase to protect themselves against specific losses. Examples include auto, homeowner’s, health, and disability insurance. When you file a claim under your own insurance company, it is a first party claim. You seek benefits from your insurer, as opposed to a third-party claim, in which you seek compensation from another party’s insurance company. 

What Are Some Common Issues in First Party Insurance Claims?

Although policyholders pay premiums for their coverage, insurers may be reluctant to pay out claims. The following are common issues that can arise in first party insurance claims:

  • Denials: An insurance company may deny a claim outright, claiming that the event or damage is not covered under the policy or that the claim was not properly filed. As an example, a roof damage claim may be denied on the basis that the damage was caused by wear and tear rather than by a covered event, according to the insurance company.
  • Undervaluing claims: The insurance company may acknowledge the claim but offer a settlement significantly lower than the actual value of the losses. This is a common occurrence in auto insurance claims when insurers offer settlement amounts that do not reflect the true costs of repairs or replacement. 
  • Delay tactics: Some insurance companies may intentionally delay processing claims, creating financial strain and a type of pressure on the policyholder to accept a lower settlement. This tactic is not uncommon with health insurance claims, in which timely payment is necessary for ongoing medical treatment.
  • Bad faith practices: An insurance company that fails to uphold its obligations under a policy is acting in bad faith. These acts may include failing to investigate a claim properly, failing to pay a claim without a reasonable basis, or misrepresenting the language of a policy to avoid a payout. 
Banner media
blonde woman looking through paper work

What Rights Do You Have Under Texas Law?

Policyholders in Texas have protections against unfair practices by insurance companies under the Insurance Code and the Deceptive Trade Practices Act. These laws outline the rights of policyholders, which include the following:

  • Good faith and fair dealing: Insurance companies must handle claims in good faith. In other words, they should not unreasonably delay or deny payments.
  • Prompt payment: Insurers have a specified time frame under the law in which to acknowledge, investigate, and make a decision on a claim.
  • Legal recourse for bad faith: When an insurer acts in bad faith, the policyholder may have grounds for a lawsuit. Compensation may include the amount of the claim and additional damages for wrongful conduct by the insurance company.

How Can a First Party Insurance Lawyer in San Antonio Help?

If you believe you have been treated unfairly by your insurance company, contact Scheuerman Law Firm in San Antonio. We can meticulously examine your insurance policy, conduct a thorough investigation of your claim, negotiate with the insurance company on your behalf, and litigate your claim if the insurer refuses to act in good faith. We are board-certified personal injury lawyers who have taken over 100 jury trials to verdict. We are committed to direct communication with all our clients. We offer responsive, prompt attention and are driven to achieve client success. 

Tyler Scheuerman - Super Lawyers 2023 Board Certified - Texas Board of Legal Specialization Martindale-Hubbell Peer Review Rated logo AV Preeminent 2016 award Super Lawyers Tyler Scheuerman - 15 years American Board of Trial Advocates logo Texas Bar College logo State Bar of Texas logo
Tyler Scheuerman - Super Lawyers 2023
Board Certified - Texas Board of Legal Specialization
Martindale-Hubbell Peer Review Rated logo
AV Preeminent 2016 award
Super Lawyers Tyler Scheuerman - 15 years
American Board of Trial Advocates logo
Texas Bar College logo
State Bar of Texas logo

Ready to Discuss Your Case?Schedule a Consultation

Contact Us
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (210) 469-1980.
Contact Us