The PLF’s unique status as the mandatory provider of primary malpractice coverage for Oregon lawyers in private practice enables us to offer an array of programs and services that help lawyers reduce their legal malpractice exposure and maintain the primary coverage at a reasonable assessment. We do this through a wide range of legal education and resources, plus free and …
Protect your Property & Your Family Portuondo Law Firm, P.A. is a Miami-based practice offering legal counsel to homeowners facing damage to their property. Homeowners insurance claims that are underpaid, denied, or substantially adjusted can be negotiated with the help of an experienced attorney. Having previously worked as defense counsel for multiple insurance …
Jun 02, 2020 · PLF attorneys will pursue your ERISA benefit claims at the pre-litigation stage and in the federal district courts of Illinois and Wisconsin. Our attorneys can also provide you with advice and assistance with pre-litigation claims assessment, appeal, and benefit claims disputes. Click here to return to our main services page.
Portuondo Law Firm, P.A. is a Miami-based practice offering legal counsel to homeowners facing damage to their property. Homeowners insurance claims that are underpaid, denied, or substantially adjusted can be negotiated with the help of an experienced attorney. Having previously worked as defense counsel for multiple insurance companies, Marisa Portuondo has a unique perspective when it comes to representing homeowners in actions against their insurers.
The Florida Hurricane Catastrophe Fund (“FHCF”), established in 1993, is a public-private partnership set up as a state-administered reinsurance program responsible for oversight of the residential property insurance coverage mandate, and the preservation of the private sector’s role as primary risk-bearer. Homeowners insurance property claims involving hurricane damage frequently involve a separate deductible; often higher than the deductible required for damage caused by other perils. To avoid delayed or rejected property damage claims in the future, a homeowner can evaluate their insurance contract for deductible premiums and other insured obligations. Portuondo Law Firm will evaluate the potential claim keeping these concerns in mind and, when appropriate, will assist a homeowner in filing and processing the claim. In the event your hurricane or storm claim is improperly underpaid or denied, the Firm stands ready to aggressively litigate against your insurance company for a better resolution.
Homeowners liability insurance can provide financial risk reduction to property owners by providing coverage in the event of a negligence claim by another party. For example, if a visitor slips and falls at your property, property liability insurance can provide coverage for medical expenses and other damages. However, when this type of claim is underpaid or denied, homeowners may find themselves in the position of defending themselves or incurring legal expenses not covered by their policy. Without adequate representation, the risk of a judgment against a homeowner increases exponentially. In the case of a significant judgment against a homeowner, bankruptcy is often the only option. For this reason, it is important that a homeowner become educated on the specific protections provided, and perhaps most importantly, not provided, in his or her homeowners policy. Attorney Portuondo will review your policies and advise you of any coverage gaps that need to be remedied. The Firm also provides representation to homeowners whose claims are underpaid or denied.
The extensive real property and collateral personal property loss resulting from a cast iron pipe failure incident can involve significant repairs to the home. Plumbing issues often go undetected by homeowners or are mistaken for “wear and tear” or issues typical to an older property. Common symptoms of a plumbing failure include foul smells, frequent backups, slow drains, dirt or sediment in your water, an increase in cockroach sightings, and hollow sounding tiles. Denial of claims for water damage caused by cast iron pipes is a common litigation dispute in Florida courts. For this reason, it is recommended that a homeowner retain an attorney experienced in handling these specific claims. If you suspect you may have a covered plumbing issue, contact Portuondo Law Firm today to schedule your free in-home consultation.
This includes claims against the employer, insurer, or plan administrators or advisors. The first step when a claim for health insurance or other benefits is denied is to file an internal appeal. It is a good idea to hire an attorney to handle ...
Instead, ERISA lawsuits are before a judge. The judge reviews the administrative record to determine if the denial of benefits was proper. The administrative record consists of the documents and information that were considered by the benefits plan in the denial of benefits. In certain cases, the judge will allow discovery outside ...
ERISA prohibits discrimination and retaliation. ERISA also prohibits employers from discriminating against an employee to prevent the employee from receiving benefits or in retaliation for the employee’s use of employment benefits. An ERISA discrimination claim can arise if an employer terminates an employee in order to avoid paying benefits ...
Instead, they must bring a claim for benefits in federal court under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et. seq. (“ERISA”). The Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et. seq. (“ERISA”) is a federal law that sets the standards for most private, or employer-provided, ...
ERISA requires fiduciaries to discharge their duties in the interest of plan participants and their beneficiaries; for the sole purpose of providing plan benefits; with care, skill, prudence and diligence; and in accordance with the benefits plan’s documents.
ERISA is a federal law that preempts state law claims for which it provides remedies, replacing the state law claims and giving rise to federal jurisdiction over those claims.
Generally, if the plan administrator or insurance company denies the employee’s claim for benefits, the employee has to proceed through the plan’s internal appeals process before filing a lawsuit.
Substantial confusion arose in the late 1990s when the newer forms of professional limited liability entities were being born because, at that time the individual vicarious liability limit was $300,000, which appeared to be amount of the primary Professional Liability Fund malpractice coverage limit. However, the two concepts or limits were not tied together.
“Indemnity” is the common law principle that allows one, who may be liable for an injured party’s damages (without playing any active role in causing them) to recover fully for against involved.
In addition, an Owner is also vicariously liable for any professional negligence committed by another person (licensed or not) who is under the Owner’s direct supervision and control. Generally, a supervisor is liable for negligent supervision, but under ORS 58.185, a supervising Owner’s liability may not be limited to negligent supervision. It has been argued that the statute imposes liability on the supervising Owner merely on account of his or her status as the supervisor of the tortfeasor.
General Information. The Oregon State Bar Board of Governors created the Professional Liability Fund in 1977 pursuant to state statute and with approval of the membership.
For more information, call (503) 639-6911 or (800) 452-1639, or visit the PLF web site, www.osbplf.org and click on Practice Management Advisors.
The Oregon Attorney Assistance Program (OAAP) is a confidential service funded by the Professional Liability Fund (PLF) for all Oregon lawyers.
Our Practice Management Attorneys and Attorney Counselors provide confidential services to all Oregon lawyers.
PLF Claims Attorneys investigate, evaluate, and administer malpractice claims involving Oregon lawyers.
Make sure your law practice is covered fully and responsibly with PLF Excess & Cyber Coverage.
This includes claims against the employer, insurer, or plan administrators or advisors. The first step when a claim for health insurance or other benefits is denied is to file an internal appeal. It is a good idea to hire an attorney to handle ...
It is important to hire an attorney experienced in ERISA to ensure that appropriate discovery is allowed. If the insured individual succeeds in litigation, the judge will order the benefits plan to cover the insured’s claim. This means the successful ERISA plaintiff will recover the amount of the benefit due under the plan.
An ERISA discrimination claim can arise if an employer terminates an employee in order to avoid paying benefits upon learning the employee will incur medical bills on the employer-provided health insurance plan. An ERISA discrimination and retaliation claim may also arise when an employer reclassifies an employee as an independent contractor ...
ERISA prohibits discrimination and retaliation. ERISA also prohibits employers from discriminating against an employee to prevent the employee from receiving benefits or in retaliation for the employee’s use of employment benefits. An ERISA discrimination claim can arise if an employer terminates an employee in order to avoid paying benefits ...
Instead, they must bring a claim for benefits in federal court under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et. seq. (“ERISA”). The Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et. seq. (“ERISA”) is a federal law that sets the standards for most private, or employer-provided, ...
ERISA is a federal law that preempts state law claims for which it provides remedies, replacing the state law claims and giving rise to federal jurisdiction over those claims.
Generally, if the plan administrator or insurance company denies the employee’s claim for benefits, the employee has to proceed through the plan’s internal appeals process before filing a lawsuit.
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.
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.
First, your assigned legal team will ask to see a complete copy of your insurance policy. If you don’t already have this, you can request it from your broker or insurance company. Next, your team will contact your insurance company to determine the status of your claim.
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.
A large percentage of automobile accidents are minor. In many cases the police are not even called to the scene to fill out a report. Many of these accidents result in short term soreness that will go away after a few days or weeks.
Hiring a lawyer might be out of the question too, because most lawyers will charge an average of $250 - $300.00 an hour and could spend 5 to 10 hours working on your case. When it is all said and done you may have recovered $3,000.00 in a small claims court action but paid the lawyer all of it.
The first thing that you must do is call the insurance company and make a claim. The Law Office of William W. Hurst has a quick reference guide to filing a claim with the insurance companies. These important steps can include:
Luckily, almost all States in the United States have instituted what are more commonly called "Small Claims Courts" to help non-lawyers collect on smaller claims without having to spend thousands of dollars on lawyers.
To sum up, Small Claims Courts are a good option for those of you that have been involved in a Minor Car Accident and would like to resolve the claim without hiring an attorney. Small Claims Courts are found across the United States and they require some limitation on the amount of damages that you claim.
If you or a loved one were seriously injured in a car accident contact an experienced attorney immediately. Car accidents require quick and experienced legal and investigative response to preserve any evidence and help present your case in the best light possible.