Month: December 2018

examining bad faith

Examining Bad Faith & Common Tactics

While it’s obvious that the insurance industry revolves around money (and big, big money at that), it also revolves around contracts, promises, that can lead to enormous conflict when broken. And there are many different types of insurance that are vital to our financial survival. While insurance companies may think little of delaying investigations, offering payment on a claim or denying one altogether, their actions can have devastating consequences to you as the policyholder—as well as your family, business, and professional life.

You may be in the dark at first regarding bad faith practices; after all, you probably have little reason to expect any problems, and you may not have ever filed an insurance claim before, much less had to worry about suing an insurer for dubious denial or delay of claims. After a lifetime of no problems with insurance, it may be extremely difficult to swallow the fact that they want to hold out on paying for a homeowner’s claim, or one for car insurance, life insurance, or more.

Your first inkling that there is something strange going on is that well, nothing may be going on. Most insurers are quick to get an adjuster on the job, with them calling to ask about injuries, damages, and more. There may also be delays, occurring without any good reason. Beyond that, an insurer acting in bad faith may begin putting the responsibility on you to provide voluminous amounts of information—much of which may seem difficult to connect to the claim you have filed. In many cases, this is a form of intimidation meant to wear you down in hopes that you will give up and they will not have to pay out a large sum of money.

Other intimidation tactics may include verbal abuse or humiliation on the phone or during interviews, suggestions that you should take the settlement offered or you will get nothing, as well as accusations regarding fraud or other allegations. You may also find yourself being offered a settlement, but it may be unreasonably low. Because insurance companies are in many cases quite wealthy—and powerful within their own realm—they are used to being able to push around consumers who may be in dire straits financially after an accident or a catastrophe. When filing a serious claim, do not try to go it alone against the insurance company!

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Risk management

Insurance Protection: Five Policies You Need

Some forms of insurance protection are not only recommended, they are vital to protecting your finances over a lifetime. Car insurance and homeowner’s insurance are a prerequisite to buying a vehicle or a home, and with good reason. Just one terrible accident that affects you and your passengers or that of another vehicle could be catastrophic to your future as well as making medical bills exceptionally difficult to pay. Without proper homeowner’s coverage, a fire or other disaster could not only wreak havoc on your property but make it impossible to rebuild later, potentially rendering you and your family homeless. Following are examples and basic information regarding the five types of insurance most individuals in the US may need:

  1. Car insurance – as one of the most common types, car insurance provides you with liability coverage in the case of an accident, medical payment coverage, along with other options such as comprehensive and collision, personal injury protection, uninsured motorist protection, and more.
  2. Homeowner’s insurance – obviously, the main concern in purchasing homeowner’s insurance is having protection against damage to the structure, whether that happens due to a fire or major weather event. Your policy should also protect you in the case that someone else has an accident on the premises. There are many things that can be excluded, however, and you should be aware if your policy does not cover disasters like earthquakes or floods. These types of events are usually covered as an add-on or by another policy altogether.
  3. Business insurance – although there are numerous types of different insurance that are highly recommended, general liability is vital to protecting your business in the case that a customer or someone on your property were to become injured or accuse you of negligence that caused them harm. Property insurance protects your facility and equipment, and a commercial auto policy will cover vehicles for your business. Other types of insurance such as workers’ compensation may be required, covering employees if they hurt while on the job.
  4. Health/life insurance – although health insurance can be very expensive in some cases, and almost cost-prohibitive, it does ward off catastrophic medical bills that add up very quickly. Life insurance can be thought of an asset to hand down to your family later, as well as a way to plan for financing of funeral expenses.
  5. Disability insurance – this type of insurance can be vital to your financial survival in the case of a debilitating accident, leaving you without the means to earn a living.

As a consumer, you are probably aware of how important it is to pay your premiums on time so that you are covered if an unexpected event arises from a problem with your health to damage to your home. That’s why it can also be so frustrating when an insurer acts in bad faith.

If you suspect an insurer is delaying payments on a claim or denying them without a valid reason, contact the Bolender Law Firm. We will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

insurer

When the Insurer Ignores Solid Claim Evidence

When you purchased your insurance initially—whether it was for your home, car, business, or health/life/disability needs—the process was most likely very thorough, and especially when it came to your background and credentials. Insurance companies are usually known for being extremely organized as well as quite adept at producing policies full of legalese that many of us have a hard time deciphering. There was probably little gray area regarding when you were expected to pay premiums, how much exactly, and what would happen if you were late or failed to make a payment.

On the flip side, you may be experiencing frustration after filing a claim, especially if there seem to be unreasonable delays. Suddenly, all the understanding, organizational skills, and communication may have gone out the window. This can be extremely unsettling when you are working with an insurer, no matter the size of the company—especially if you are in dire straits after an accident or dealing with property damage. You may have lost money due to not being able to work or loss of profits to your business if there was damage or a liability suit, and the clock is ticking louder with every hour that passes and the insurance company does not call back.

Usually the insurer adjuster is quick to call and begin collecting the facts on any case, and even more so when they hope to settle the case with as little time, effort, and expense as possible. The investigation is vital to any claim though, and usually they begin by attempting to interview you; although it is understandable that the adjuster would want to speak with you, this may be one of the most important steps you take in referring them to your attorney—especially if you are dealing with a case like a car accident where you have been injured. From there, the adjuster should be dealing with the scene of the claim. In many instances, they will go to the site and take pictures, as well as speak with witnesses who were on the scene.

If important evidence is being overlooked, then the insurer may be acting in bad faith regarding your claim. Other signs that you may be dealing with bad faith practices include a variety of different intimidation tactics from accusing you of lying or fraud, to intimidating witnesses, or delaying payment on claims, offering low-ball settlements, or denying claims unreasonably. If you suspect bad faith practices, this is not the time to go it alone!

If you need help reviewing your insurance policy, or if you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

intellectual property

Intellectual Property: Does Common Law Really Play a Role?

While there are the numerous headaches that abound in creating a company, much of the process is incredibly exciting and fulfilling—especially if you are offering a new and unique product or service to the public. You or your company overall may also be responsible for creating valuable intellectual property. This could result in the need for copyright protection, warding off infringement of works such as art, literature, music, or even architecture or software. Trademarks or service marks are licensed for branding identifiable symbols or logos, or slogans that identify what you do.

Intellectual Property Belongs to You as Soon as You Create It

You may be surprised to find out, however, that as soon as you created that artistic expression or symbol of your brand, it became yours—with no further action required. Common law does indeed apply to items that fall under the definition of a copyright or a trademark or service mark and may even be enough of a defense if someone attempts to steal your work. What are the benefits of just allowing yourself to be covered by common law? One, it’s effortless. Two, there is no more expense involved, unless you are drawn into a costly legal battle to protect your intellectual property. Be aware though that protection only applies to use of the products or services within the area they are expected to be in use.

Registering Your Work is Recommended

Common law gives you basic rights to, and coverage for what you have created, but without going through the U.S. Copyright Office of the U.S. Patent and Trademark Office, you may be out of luck later if you find yourself in a situation where you are up against another party that stubbornly wants to use your material, and may have considerably more resources to steamroll over you. When your work is registered, it also shows up in searches when others are trying to find out whether there is something similar in existence; if you are not listed in that database, you could be opening yourself up to complication.

Figuring out how to protect your company’s intellectual property may seem like a daunting task, but with the help of an experienced intellectual property attorney, you can gain more of an understanding of how the process works, as well as its importance. An attorney will also be able to explain to you what types of licensing or registration to apply for and take care of it for you. While you may not see a dire need currently, this type of protection could prove itself to be very valuable later.

Call Us for Help!

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

business partnerships

Business Partnerships: Five Reasons to Avoid Them

Making a go of it with a new business can be one of the most satisfying ventures one will ever experience in life—and in some cases, it may be one of the most terrifying too. Including a partner means you have someone to carry the burden with overall, as well as helping to supply much-needed capital—not only for start-up but in the critical months and first few years that follow also. There may be initial peace in knowing you have another shoulder to lean on, but as is so often the case, one or more partnerships could end up being perceived as a liability in the future.

Although you could become involved in one or more partnerships that are extremely valuable and long-lasting, consider these reasons to avoid taking on one or more partners:

  1. Two (or three) can be a crowd – this can especially become an issue if you began a business partnership with someone you have known for a long time, but the friendship becomes strained, for whatever reason. Working in a partnership may be difficult too when it comes to decision-making. You may find that you don’t really want to have to ask someone else’s opinion or gain their permission to implement something new in the company, hire or fire someone, or buy or sell inventory, real estate, or other items.
  2. Finances – as with a marriage, disputes over money can be one of the most common issues, as well as the reason for dissolution of a partnership – and something that carries on past the separation point and into the courtroom, with the possibility of litigation.
  3. Disputes regarding shares – while this could be an immediate threat, there is also the possibility for conflict or vulnerability later if your partner wants to sell their shares to an outside party or dies and leaves them to a spouse who you could then feasibly suddenly find yourself working with every day.
  4. Resentments over work duties – although this should be outlined clearly when the company is formed, resentments can build later if your partner feels like they are being asked to do too much, or like full-time employees sometimes feel – as if they are being compensated too little in return. This can become challenging in difficult times when everyone may be forced to take on extra duties and put in more hours for the good of the company.
  5. Differing visions regarding the future of the company – this may have been what brought you together with a partner, along with creating a specific, unique innovation to offer to the public. Visions and strategies can change as time goes on, however, and a serious divergence in planning for later can cause conflict you may not want to deal with.

Do you need legal assistance with a business dispute? If so, contact the Bolender Law Firm.  Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

sued

Sued After an Accident: Does the Insurer Pay My Legal Bills?

While purchasing insurance may often seem like a rote task and paying premiums just a financial inconvenience that goes with the territory of buying a home or a car, the idea is to minimize risk for everyone involved. The hope is also that—even with the expenses involved—a claim will never be necessary. Most of us in our lifetime will be in a car accident though, unfortunately, or experience damage to our home or our business. In some cases, it may be our fault too. Either way, experiencing what may be a catastrophic event requiring assistance from your insurer can be extremely stressful. And especially if legal action is involved.

There are many different examples that could include liability claims. You may have been in a car accident and found at fault. In that case, your liability insurance should cover any legal needs. If you own a policy covering you for general liability and a customer takes a spill on the concrete, you could find yourself being sued for substantial medical bills. Fortunately, the money you have been doling out for all those premiums should cover you for a legal defense—unless the situation at hand falls under an exclusion to your coverage.

A legal defense is usually covered and includes investigation of the claim. In many cases they will attempt to settle the claim with the other party. This is common in cases like auto accidents where an insurance adjuster will examine the property damage to the cars, interview all parties involved (including witnesses), and then arrive at a settlement amount to be offered to the injured party. If that is not possible and the case does go to court, you should be covered for the duration of the trial unless there are stipulations in your policy regarding such obligations. It is vital to have a comprehensive understanding of what you are purchasing at the time that you are speaking with your insurance agent before an accident occurs. While even a fender bender can still require hundreds or even thousands of dollars in repairs, an incident including catastrophic injuries or repairs could lead to financial ruin without the proper protection.

Are you concerned about a recent claim, or are you trying to understand your insurance policy? If a dispute over a claim cannot be easily resolved through a call or written communication, the Bolender Law Firm will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

 

alternative dispute resolution

Mediation Topics: Alternative Dispute Resolution or Court?

In some cases (many of which can be resolved with alternative dispute resolution), a legal dispute may erupt in a flash, whether due to an act of negligence, accident, or other incident that pits two or more parties against each other. Other times, legal action may be the culmination of a relationship that has been going south for quite some time; for example, if you are a business owner, you may have issues with a vendor who has been supplying building sites with materials for years if you are a contractor—or perhaps food inventory if you own a restaurant. A business partner whom you founded your company with decades ago may have become resentful over certain issues, or desire complete dissolution of their part in the company. There could be disputes with employees, breach of contract issues with those working full-time or as independent contractors, or issues that arise with other businesses—and perhaps those that are owned by industry peers.

Led by a neutral mediator (often trained in an area relevant to your dispute) who guides the disputing parties in reaching an agreement and/or settlement, the mediation process allows the disputing parties to have an open discussion without the adversarial atmosphere so common to the courtroom. Mediation is also much more conducive to saving relationships that one party or the other may not want to see disappear. That could be due to personal relationships or an ongoing profitable relationship. This type of alternative dispute resolution should work well if you seek a more voluntary and relaxed atmosphere that is also conducted behind closed doors and kept confidential. Although mediation requires time and patience, and commitment to the process of reaching resolution, it is usually exponentially faster than litigation.

If you think a jury trial would be better for the type of legal dispute you are engaged in, however, mediation is not the way to go as juries are not allowed. Discovery and presenting of any evidence are limited, and no court transcription is performed during the process. If you want someone else to decide the case, mediation is not the best option either as this type of alternative dispute resolution means that you and the other parties are put together to reach a resolution with the guidance of the mediator, who is also not there to represent either party or give anyone involved legal advice.

The Bolender Law Firm will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

commercial property

Commercial Property and the Margin Clause

There are many different reasons to buy insurance. You may find yourself worrying about whether to buy one or more policies, putting out thousands per year for protection that may never be needed. The greater worry, however, is what could happen if you did not purchase insurance. Without auto insurance, you could find yourself facing an enormous lawsuit if someone were injured due to your negligence—or serious property damage to your own vehicle left unpaid for if you had an accident without anyone else even involved. Without homeowner’s insurance, if your home suffered catastrophic damage and became uninhabitable, you could have little recourse for rebuilding. Without medical insurance, your health could be in jeopardy—and without life insurance, your surviving spouse and heirs may be left hanging in the balance, quite literally.

Commercial insurance is on another level entirely, however, as it not only protects all the hopes and dreams and hard work you may have contributed decades to, but also because it reduces any financial risk to your livelihood—and without that, protecting your family can be extremely challenging. In working with your insurance agent, however, you may feel overwhelmed with the complexities of understanding what your risk is, what you need, how much you can budget for premiums annually, and which deductibles to choose.

Understanding the basics of your policy, from coverages to exclusions, limits, and endorsements can be an ongoing education in itself—and it should be that way as you purchase insurance and then confer with your agent about updating it at least once a year if necessary. Complexities such as the margin clause may have you shaking your head wondering how it benefits you at all—and the answer is that it generally does not as the insurer adds the margin clause as an endorsement to your policy to offset the latitude of a blanket limit should there be the potential for a major pay-out.

The margin clause usually comes into play if there is a catastrophic loss to your commercial property that has become more valuable over time—without any updates regarding the value being discussed with your agent or resulting in changes to your initial policy. Substantial limits are placed on your property with the margin clause, meaning that only a specific percentage of the value of your commercial property would be paid for in a claim. You could be left paying thousands more on your own. It is critical to discuss all the details of your policy with your insurance agent—and whether your policy contains a margin clause or not, if it is not being paid, you may be a victim of bad faith practices. Signs of bad faith usually include unreasonable delays or requests for large amounts of documentation that may not seem relevant, or other intimidation tactics, along with complete denial of the claim with little explanation.

If you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm. If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

bad faith

The Insurer Acted in Bad Faith: What Happens Next?

Despite so many horror stories (and you may have already been through a few yourself), most of us choose to—or are required to—purchase insurance policies based on trust. Whether you are buying car insurance, homeowner’s insurance, commercial insurance, or another type of protection, the transaction is based on a mutual promise. You provide honest information to the insurer, their underwriters approve one or more policies for you, and then you are responsible for paying premiums on time—but be aware that although the insurer may have no problem presenting you with delays on their end, missing just one payment could be the difference between having a claim paid, or completely denied.

Unfortunately, the insurance company usually has every right to deny a claim if the policy already canceled, but there can be other complexities (see previous blogs on policies with longer-lasting coverages such as malpractice tail coverage, the claims made policy, or occurrence policy) too. In most cases though, if you have paid your premiums and the need arises to file a claim, you expect the insurer to follow through on their promises. In the case that there was a damaging fire at your home, however, or a car accident (although there could be many other examples) resulting in property damage or physical injury, and you filed a claim, there could be numerous indicators that the insurer was acting in bad faith.

Although delays do happen, they could be a sign of bad faith. There may be delays in any type of investigation by the adjuster. They may be waiting on more information, or it could be a simple case of disorganization. If, however, there does not seem to be any investigation at all going on—or if they have requested torrents of documentation from you (some of which hardly seems relevant and may be extremely inconvenient to collect and provide to them), there may be an issue of bad faith. Other red flags may include delays that are followed by low-ball offers (and pressure or intimidation to accept them), presenting erroneous information as to why a claim may not be paid, or denying it altogether.

If you suspect an insurer is acting in bad faith against you, review your insurance policy to make sure you understand your coverages first. This may require legal expertise, along with skilled representation in the courtroom should you need to take legal action against the insurer. If a dispute over a claim cannot be easily resolved through a call or written communication, the Bolender Law Firm will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

independent counsel

Independent Counsel for Insurance Lawsuits: When You Need It

If you are involved in a lawsuit—and especially one that is more challenging and adversarial in nature—you may feel like the world is against you. No one wants to have to endure the stress of litigation, which can be long and drawn-out, expensive, and has the potential to offer little satisfaction in the end. Being forced to fight without someone on your side may seem like a completely losing proposition, and although your insurance company may be providing an attorney for legal defense, you may feel like the odd man out. Unfortunately, you probably are not imagining things either as the insurance company must follow through on their promises as outlined, but that doesn’t mean they aren’t keeping a shrewd eye on their money.

Whether you are in court due to a serious automobile lawsuit where you were suspected to be negligent and there were serious injuries or property damage, or perhaps a commercial liability incident where someone hurt themselves on your property, in most cases your established liability insurance kicks in and leaves the insurance company obligated for your defense under ‘duty to defend.’ You can be sure that in most cases too, the insurance company will hope to take the more affordable route after performing an investigation and settle with the other side instead of heading for the considerable time and expense expected in the courtroom. If that is not the case though and you are involved in litigation, and you feel like you are not getting a fair shake as there is a conflict of interest with the attorney the insurer has provided, you may have the right to also have accompanying independent counsel—to be paid for by the insurer.

This may be vital to your future when large sums of money are involved for damages, or perhaps a settlement in the end. With independent counsel, you can be assured that the attorneys provided by your insurer are monitored by another legal expert and you have more control over your case. In most cases, this is your right unless you have waived the privilege previously.

Attorneys from the Bolender Law Firm have acted as independent counsel in many cases, representing policyholders exclusively. We are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!