Jon Michael Smith Blog
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For more than 30 years, Jon Michael Smith has resolved disputes for individuals, families and business owners in Austin and throughout the state of Texas. He often negotiates and litigates insurance claim disputes, breach of contract and collection matters, and claims under the Deceptive Trade Practices Act. His ultimate goal is to find a resolution quickly and cost-effectively for each person..
Jon Michael Smith Blog
3d ago
Making a claim to your homeowner’s insurance is nerve-wracking. You worry about being denied, and you worry about the effect on your insurance costs. However, you may not think about how supplemental costs are handled. Once your homeowner’s insurance claim in Texas has been settled and paid, it is essential to grasp the supplemental claim process. These claims are for additional expenses that may arise post-settlement, which cover unforeseen costs or newly discovered damages. Timeframes for insurance responses The Texas Prompt Payment of Claims Act dictates clear timelines for insurers to resp ..read more
Jon Michael Smith Blog
1w ago
Social Security Disability Insurance (SSDI) provides important financial assistance to persons who have been disabled by an injury or illness. Unfortunately, the vast majority of SSDI benefit applications are denied at the first level of administrative review. Persons with severe conditions are forced to resort to the SSDI appeals process, a four-step administrative process that becomes more complex with each step. Nevertheless, a basic knowledge of the process can help turn many denials into approvals. Request for reconsideration An appeal can be commenced by filing a written request for reco ..read more
Jon Michael Smith Blog
1w ago
We’ve all been hearing a lot about artificial intelligence over the past few years. Much of this discussion concerns AI-generated imagery and its implications for art, entertainment and news. We sometimes fail to notice how the technology is already at work in some more less glamorous areas, including the insurance industry. Electronic adjusters According to a recent news article, insurance companies are increasingly turning to AI when it comes time to figure out whether to pay a claim, or how much to pay. Using various AI-based services, insurers can input some of the details of a case and ha ..read more
Jon Michael Smith Blog
2w ago
Most businesses that purchase liability insurance policies expect the insurer to provide a defense if the policy holder is sued for a negligence act. In the mind of most insureds, the duty to defend is the same as the duty to indemnify. Unfortunately, the two obligations are not necessarily identical. An understanding of the differences is critical to understanding whether a policy of liability insurance provides the protection that the insured party was seeking when it purchased the insurance. The obvious difference The dictionary illustrates the most obvious difference between the duty to de ..read more
Jon Michael Smith Blog
1M ago
Austin residents may hardly think about their health insurance as they go about their daily lives. They may glance over their Explanation of Benefits and just pay what the provider says the provider is owed. But in a major health crisis or after a serious injury, Texans will pay much closer attention to their health insurance benefits. After all, if the health insurance company delays, underpays or denies benefits, a patient in a health crisis can face medical bills running into seven figures. To pay for necessary treatment, a Texan may have to face bankruptcy or the prospect of trying to rais ..read more
Jon Michael Smith Blog
1M ago
According to the Insurance Information Institute, Texas has relatively few uninsured motorists on its roads when compared to other states. However, there are still enough people driving without insurance in this state to present a serious economic problem for both accident victims and society. The Institute estimates that in Texas, over 8% of motorists are operating without legally required automobile liability insurance. Putting that in perspective, that’s slightly fewer than 1 out of every 10 cars an Austin resident might see on the road. This figure does not tell the whole story. For one, s ..read more
Jon Michael Smith Blog
2M ago
Our readers in Texas understand the basic concept of an insurance policy: the policyholder pays regular premiums and the insurance company pays any valid claims when necessary. Most people in Texas have home insurance, car insurance, health insurance, life insurance and maybe even long-term disability insurance, for example. We interact with insurance companies all the time. However, our readers also know that insurance policies are long, complicated documents – contracts, in essence. And insurance companies will carefully scrutinize any claim to attempt to find out if there is a way to get ou ..read more
Jon Michael Smith Blog
2M ago
In recent years, parts of the United States have experienced many staggeringly expensive natural disasters, including wildfires, floods, storms and more. In 2023, Texas experienced 16 disasters in which the cost was $1 billion or more. This was highest number of billion-dollar disasters the state has ever recorded. Climate scientists say the frequency and intensity of these disasters are increasing. This subject matter is controversial in some circles, but it’s important to know that there is one sector that takes it very seriously, and that sector is the insurance industry. Insurers are ..read more
Jon Michael Smith Blog
2M ago
For Austin, Texas, homeowners dealing with property damage, the expectation of a swift and equitable settlement from their insurance company is common. However, many find delays, denials or inadequate offers. The first question is often how long they have to respond to my initial inquiry. Texas Prompt Payment of Claims Act The Texas Prompt Payment of Claims Act serves as a regulatory framework governing how homeowners’ insurance companies manage claims in the state. The TPPCA meticulously outlines deadlines for insurance companies regarding the acknowledgment, investigation, acceptance, reject ..read more
Jon Michael Smith Blog
3M ago
ERISA — the Employee Retirement Income Security Act of 1974 — is designed to protect workers who have employer-sponsored retirement benefits and health plans. One way it does this is by imposing minimum standards on these plans. ERISA also protects the rights of the individuals enrolled in these plans. Among other protections, it gives these individuals the right to take legal action against an employer who has retaliated against them for exercising their rights under ERISA. This aspect of the law, which falls under Section 510 of the act, is sometimes known as ERISA’s anti-retaliation provisi ..read more