Claims, Coverage, and the Law
Episode 3 · Because Experience Matters, powered by Gavnat
Hosted by Jack Hanks (Executive & Shareholder, Gavnat) with guest Attorney Tim Johnson of SJJ Law Firm.
About the guest
Tim Johnson, Founding Partner and Attorney at SJJ Law. — Tim represents individual and corporate clients in a wide range of legal matters both in and out of court. His practice includes representing property owners in disputed insurance claims and providing general counsel to residential and commercial construction companies. Tim has handled numerous cases in state and federal courts across the country and has notched wins before several appellate and supreme courts. When he is not handling cases, Tim frequently speaks across the country at conferences and events on issues of insurance and construction law.
Frequently asked questions
What is insurance bad faith?
Bad faith is when an insurer fails to deal fairly and honestly with a policyholder’s claim — for example, unreasonable delay, denial without a valid basis, or failing to properly investigate. Whether specific conduct rises to bad faith, and what it takes to establish it, depends on your state’s law and the facts of the claim.
How do you prove bad faith against an insurance company? (new)
Proving bad faith generally means showing the insurer acted unreasonably in how it handled the claim — not simply that it underpaid. That usually rests on the claim documentation, the policy language, and a record of the insurer’s conduct throughout the process, and the legal standard varies significantly from state to state.
When should you hire an attorney for a property insurance claim?
Usually when a claim becomes a dispute you can’t resolve on your own — an outright denial, a serious underpayment, or signs of bad faith. Many claims resolve without litigation, so the real question is recognizing the point where legal counsel adds value.
What’s the difference between a public adjuster and an attorney? (new)
A public adjuster is licensed to represent the policyholder in documenting the loss, building the scope, and negotiating the claim with the insurer. An attorney handles the legal side — disputes, litigation, and matters like bad-faith claims. On complex claims, the two roles often work together.
Do you need both a public adjuster and a lawyer for a claim?
Not always — it depends on the claim. Many are handled by a public adjuster alone, with legal counsel entering when a dispute needs a legal remedy. This episode digs into what tends to happen when neither is involved.
Can you take an insurance claim dispute to small claims court?
Sometimes. Small claims court can be an option for smaller disputes, but whether it fits depends on the dollar amount at issue and your state’s limits and rules. It isn’t suited to large or complex claims.
Who is Tim Johnson?
Tim Johnson is an attorney with SJJ Law Firm, experienced in insurance and property law, and a longtime friend of host Jack Hanks. (Confirm his exact title.)
Where can I listen to Because Experience Matters?
On YouTube (full video episodes), Apple Podcasts, Spotify, iHeart, and Podcast Addict — search “Because Experience Matters.”