Whether you are an insurance premium holder (who makes payments to an insurance company), or the insurance company who provides the premium for financial protection against certain types of loss, an insurance law lawyer can help. Use FindLaw to hire a local insurance law attorney near you to assist in cases involving coverage, claims, and ...
Jun 08, 2020 · Check the details to know what issues you might encounter. Bad faith insurance lawyer will help you overcome any insurance scam. Check the details to know what issues you might encounter. ...
dropdown button. At Morgan & Morgan, our attorneys are committed to helping clients settle insurance claims disputes in a wide range of practice areas. The following is a list of many of the types of insurance disputes handled by the attorneys in our offices: Hurricane damage and tropical storm damage. Flood damage.
What kind of lawyer do I need for a life insurance related problem? Lawyer directory. Find a lawyer near you. Avvo has 97% of all lawyers in the US. Find the best ones near you. ... Start with your legal issue to find the right lawyer for you. Choose an area of law that your issue relates to: Bankruptcy and debt; Business; Car accident; Civil ...
There are many strategies your insurance company will use to deny your claim because they do not want to give you a payout. The insurance company m...
Remember to ensure your policy actually does cover the damage you are dealing with, as many people wrongfully assume that they are covered when the...
There are many reasons insurers will sue their insurance company. Understanding the reasons you can sue your coverage company, and the process for...
Your attorney and their support staff will dig into the details of your policy investigate the circumstances surrounding whatever damage or triggering event that caused you to file a claim.
The insurance company’s “independent experts” or “independent adjusters” have determined that no covered loss occurred or is excluded from the policy.
Insurance companies generate a greater profit when policyholders do not file claims or fail to collect on claims submitted under their policies. Some insurance companies habitually deny claims—regardless of their legitimacy—and will only investigate a claim if the policyholder takes legal action.
Unfortunately, insurance companies often interpret and manipulate the language in their policies to minimize or deny valid claims. Insurance providers have a significant self-interest to protect their cash reserves and to avoid payouts to policyholders.
However, many times the insurance company does not do what is right and honor the claim. Disputes often arise after an insurance company denies a valid claim, many times without a legitimate reason or explanation.
Further, because insurance laws and remedies vary by state, consulting a knowledgeable and well qualified attorney is crucial in order to ensure that you have a valid claim, and that your claim is handled expediently. An experienced attorney will be able to help you negotiate with your insurance company, file a lawsuit on your behalf, and represent you in court, if necessary.
After you decide to file a lawsuit against your insurance company, you should perform the following steps: Send a written letter to your insurance company requesting them to send in writing their denial of your claim and a detailed reasons as to why your claim was denied, as well as demanding they payout your claim;
When an insurance company breaches their duty of good faith and fair dealing, such as by wrongfully denying a properly filed and covered claim, then the insured may recover not only their actual claim damages, but punitive damages as well.
The following is a list of several legal theories and reasons of why an insured may sue their insurance company: 1 Failure to Pay On Time: As mentioned above, insurance companies have a duty to act in good faith. Therefore, if an insurance company does not make reasonable efforts to timely pay our a properly filed claim, then the insured may be able to make a bad faith claim. Another bad faith may occur when an insurance company offers an unreasonably low amount of money to settle a claim. 2 Failure to Represent: Another common reason why an insured may sue their insurance company is if their insurance company refuses to defend them in a lawsuit against them, as provided under the insurance policy. Further, if the insurance company accepts an unreasonably low settlement for the insured’s claim while representing them, the insured may also have a bad faith claim against the company. 3 Breach of Contract: The most common legal theory that insurance companies are sued upon is a breach of contract theory. An insured may sue their insurance company if the company fails to follow the terms of the insurance policy.
File for an administrative hearing regarding your insurance claim denial with your insurer. This is an important step as your insurance policy may contain a section regarding you “exhaust all available remedies” before filing a civil lawsuit, and your failure to do so may result in your lawsuit being dismissed; and
Although it may seem obvious, you should first notify your insurance company of your claim by filing an insurance claim with the company, as it is your duty as the insured to let the insurance company know that a covered incident has occurred. You may notify your insurance company by either a phone call, an online claim form, ...
Thus, lawsuits often arise when an insurance company does not indemnify, or protect, the insured from a covered act under the policy or when an insurance company otherwise does not fulfill their end of the contract, such as by wrongfully denying an insurance claim.
The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.
Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.
Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.
A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.
The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.
If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.
Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.
This is a common grievance brought to light by clients who feel like their attorney (s) did not relay the correct or right amount of information related to their case. This usually come sin the form of unexpected costs or conclusions to certain cases. In an age of cell phones, social media and instant connectivity, lawyers have fewer reasons to stay away from sufficient contact and information.
Another common reason for malpractice claims is due to an attorney’s failure of addressing conflict of interest. For instance, if a lawyer is being used in a multi-client case like a wrongful death case, they are open to conflict of interest by representing different perspectives.
Huntersure LLC is a full-service Managing General Agency that has provided insurance program administration for professional liability products to our partners across the United States since 2007. We specialize in providing insurance solutions for businesses of all sizes. Our program features can cover small firms (grossing $2.5 million annually) to large corporations (grossing $25 million annually or more). We make doing business with us easy with our breadth and depth of knowledge of E&O insurance, our proprietary underwriting system that allows for responsive quoting, binding and policy issuance and tailored products to meet the needs of your insureds. Give us a call at (646) 751-3030 to learn more.
Legal malpractice claims remain frequent in the legal system. Claims brought against attorneys on a year-over-year basis remain similar and don’t seem to be slowing down. This continued march from clients to rail against legal professionals has brought attention to what lawyers can do to protect themselves like looking into professional liability insurance for lawyers, which can safeguard attorneys in a controversy.
After the complaint has been filed, the first step in addressing insurance issues is to learn what coverage the defendant may or may not have, including the policy limits. In instances where the defendant promptly tendered the claim to its carrier, often the first response received by a plaintiff’s lawyer to the demand letter or the filing of suit will be made by defense counsel appointed by the carrier. In those cases, appointed defense attorneys may be cooperative in sharing information concerning insurance policy, since they themselves know that the handling and ultimate outcome of the litigation will depend greatly on the availability of insurance.
It held that the insurer’s blanket policy not to seek authorization from its insured to disclose the limits raised material issues of fact about whether the insurer did act in its own interests at the expense of the policyholder’s; i.e., engaged in bad faith. The court reasoned that, among other things, failure to disclose limits gives the carrier an advantage over plaintiff’s attorneys but disadvantages the policyholder because it prevents or discourages settlement demands, thereby increasing the risk that the insured would be hit with judgment in an amount much greater than the policy limit. Accordingly, when faced with an adjuster or defense counsel who resists disclosing the policy limits, remind them of the Boicourt decision and specifically inform them that continued refusal to disclose such limits shall be among the grounds for a bad faith claim against the insurer.
The claimant sued the carrier for bad faith, based on, among other things, the allegation that plaintiff would have demanded and taken the policy limit of $100,000 had it been disclosed before the filing of suit. The carrier moved for summary judgment on the ground that the insurer had not favored its own interests over the interests of its policyholder (the premise of a bad-faith claim) because plaintiff had not made a settlement demand.
One way to settle out only the named insured or only the additional insured is to try to attempt to persuade the insurance company, with the consent of both the named insured and the additional insured, to offer a portion of the policy limits to settle out the named insured or additional insured.
The first step in any litigation is the filing of the complaint. To trigger insurance coverage, a plaintiff must plead facts and assert claims that are at least potentially covered by insurance under defendant’s liability policies. Generally, the claim would be for negligence proximately causing plaintiff’s injuries.
Knowledge of insurance law is critical to successful personal-injury litigation. All personal-injury lawyers should acquire a baseline understanding of insurance principles. You do not want to be the bull in a china shop, litigating personal-injury cases aggressively with no regard for the impact of insurance issues on your case.
Section 533 says, “An insurer is not liable for a loss caused by the willful act of the insured; but he is not exonerated by the negligence of the insured, or of the insu red’s agents or others .” Hence, in the context of obtaining insurance proceeds from a carrier, adding inflammatory allegations of intentional wrongdoing is a hindrance, not a help.