Year: 2018

insurance companies

Insurance Companies and How Specific Parties Are Defined

Posted by Jeffrey Bolender on with 0 Comment

Insurance may be required in some states for businesses or automobile owners, but most of us realize the value of coverage without having to be forced into buying it from the government or insurance companies—simply because we want to be protected from financial catastrophe, whether in terms of health care during an illness or after an accident, automobile accidents and liability, commercial liability, damage to the home, lawsuits over professional negligence, and more.

Understanding your coverages as well any limits or exclusions is critical. Most of us pay our premiums and sleep peacefully knowing we have insurance in place and a policy sitting somewhere in a drawer or a file. We hope and assume we won’t ever need to file a major claim. And as for that policy sitting in that drawer, it may not only seem like some pretty dry reading, but difficult to understand too. It is a legal contract though, so while the legalese is to be expected, you may have some trouble plucking out the main details that apply to you in the case of a major crisis.

One thing that can be very confusing is understanding how parties are defined by insurance companies and in the insurance policy itself. Mainly, differentiating parties is important for describing who would be getting paid by the insurance company in the event of a claim. It is actually very simple though by definition: the first party is the individual or business purchasing the policy from the insurance company. In such a ‘transaction,’ your insurance company is considered the second party as they take care of following through on the promises outlined in your contract/policy. The third party is another party who you are protecting yourself from, basically, as they may file a claim against you; for instance, if you own a business, there may be a claim filed by a third party if they experience a slip and fall accident on your property.

As the first party (say as the owner of an automobile insurance policy), if you have an at-fault accident where your car needs repairs, you must pay the deductible and deal with the insurance company—as well as repercussions such as increased premiums and possible points against your license. 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!

ERISA

ERISA: Understand How It May Affect Your Benefits

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The Employee Retirement Income Security Act of 1974 (ERISA) was enacted solely for the protection of employees and all promised to them from their employers regarding employment. Over the years that has expanded to health plans and other benefits too. According to the United States Department of Labor, ERISA currently covers approximately 684,000 retirement plans, 2.4 million health plans, and 2.4 million additional welfare benefit plans—affecting 141 million workers in the US, with over $7.6 trillion in assets.

Just over half of the employees in our country are being offered retirement and/or health benefits as ERISA is meant to work on their behalf in seeing that pension plans and other benefits are handled responsibly by employers and fiduciaries. If you have a retirement plan or other benefits at the company you work for, ERISA protection should affect you positively as those you work for are held to particular standards in terms of making sure that you not only receive what you were promised, but that they also are completely open in allowing you access to your plans and all that is involved within them.

“More than half of America’s workers earn health benefits on the job, and ERISA protects those too, as well as other employee benefits,” states the United States Department of Labor.

Through ERISA, employers are required to make sure employees are apprised of their benefit plans. ERISA administration also makes the rules regarding items such as:

  • Plan participation for employees
  • Vesting details
  • How benefits accumulate
  • Funding procedures

Accountability regarding fiduciaries is also one of the main requirements issued by ERISA – harkening back to the administration’s original mission to make sure companies do not mismanage plans, leaving employees with little to nothing – or even worse, embezzling money that was supposed to be set aside for pensions and more. There are strict penalties if ‘principles of conduct’ are not followed, meaning that they would have to pay back any lost plan funds. Employees are also imbued with the power to sue over such issues, along with the possibility of being paid through the Pension Benefit Guaranty Corporation if a plan is discontinued.

Whether you are an employer or an employee, you may have numerous questions about the complexities of ERISA and how it applies to you. If your benefit plan has been disrupted or denied, you may also need skilled legal advice form a law firm experienced in both insurance law and business law.

Contact 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 your behalf 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!

separation of insureds

Separation of Insureds Clause & How It May Affect You

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Let’s face it: the insurance policy is not exciting reading, and many of us overlook it despite the importance such facts (and choices) could play in our future later–with terms like separation of insureds being a perfect example. Filled with legal jargon and long paragraphs that seem to take forever to get to the point, you may find yourself taking a snooze when looking over your policy. It is a critical legal contract though, and one that could affect you and your finances enormously in the future, should the need to file a claim arise. Be sure to understand who and what are covered and for how much, peruse information regarding changes and renewals, and read over any enhancements, riders, or special clauses.

Separation of Insureds Protects Multiple Individuals

The separation of insureds clause may seem complex to understand at first, but basically it means if there are multiple people being insured on the policy, they are each protected separately within the claim. The point is who is being sued, not where the lawsuit is emanating from—as additional insureds are taken care of within your commercial general liability policy. Also known as the severability of interest clause, this part of your commercial policy should state that all provisions will apply to everyone listed under your policy.

Know What Coverage is Required for Your Business

While your coverages for business insurance may vary, California does require you to carry workers’ compensation and unemployment insurance. Comprised of property and casualty insurance, the commercial policy is meant to cover all the physical aspects of your business as well as liability for any harm that may come to you or third parties due to an accident or other injury. Aside from what is required by the state, the rest is up to you and should be discussed at length with your insurance agent. Getting informed about your options and making sure your business is completely covered is vital to your future, as well as those who continue to work for you and may be protected through your policy. You may also need to add more insurance coverage as your business continues to grow over the year. Be sure to review your policies at least once a year and discuss any potential changes with your insurance agent.

Contact Us for Help Now

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!

 

third party insurance

Third Party Insurance: Understanding Bodily Injury Coverage

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You may consider yourself an excellent driver and find yourself worrying little as you travel on busy roads each day. Some of us have a short commute, while others are in the car all day for work or perhaps shuttling kids around from school to activities to appointments. If you live in a larger city, there is a lot of ground to cover for all of life’s responsibilities and the car may seem like your home at times; in fact, studies show that not only do US drivers as a whole spend over 84 billion hours behind the wheel each year, they spend 17 hours annually just looking for parking spaces!

And while the government overall—along with city administrators around the country—continually work to improve infrastructure and make the roads safer, traffic accidents and fatalities continue to rise overall, to include greater threat to bicyclists, pedestrians, and motorcyclists too. Negligence may occur due to distracted driving, motorists who are under the influence, drowsy, or those who are reckless in myriad other ways. Car insurance is not just a plus, it could save you from ruin—in terms of your physical and financial health.

For many car owners, insurance is purchased in a hurry as they are buying a new car or moving to a new state. It is easy to go with the required limits and get back to other tasks in your day, but always be aware how your decision on car insurance purchases could affect you later if there were a serious accident. Understanding how you and other parties are protected is key, along with deciding how much bodily injury coverage to purchase.

California is a ‘fault’ state in terms of car accidents, meaning that you must assume responsibility if you have an accident. Liability insurance is required as follows: $15,000 to be paid to one person if they are injured or die, and $30,000 to be paid total if there is injury or death to more than one person. Considering how astronomical healthcare rates can be, if a third party is injured, the bill could be enormous. Speak to your insurance agent about protecting yourself beyond basic limits, as you could be responsible for the medical bill of a third party that far exceeds $15,000.

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!

Commercial truck crashes

Commercial Truck Crashes: The Potential for Damage & Injury is Greater

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You probably travel numerous roads each day for any number of mundane tasks. While there is the daily commute, other responsibilities call too such as carrying children to and from to school and activities, the endless grocery shopping, trips to pick up a range of different consumer items, and often visits to doctor’s office and other appointments. On most days, the drive will be just as uneventful as the day before, but chances are you will have at least one car accident in your life time. Busy roads, often with a melee of cars, trucks, motorcycles, bicyclists, and pedestrians, can be deceptively dangerous for everyone traveling—and in fact, car accidents and fatality rates continue to rise at an alarming rate, showing a 13 percent increase just over two years.

Trucks Weigh Exponentially More

Just as pedestrians and bicyclists are more vulnerable due to the potential of a 4,000-pound car striking them, cars (and everyone else) are at significantly more risk when hit by a truck—and mainly commercial trucks which could anywhere from 10,000 pounds to 80,000. In the case of an accident where a large truck hits a car, the collision could be much more complex as a smaller vehicle could be completely crushed, resulting in serious injuries if not death. There may be trailers involved and 18 wheels to contend with as trucks jackknife or contort with the pressure of a crash. Along with that, there is the concern of the truck’s contents at the time of an accident. While there may be many pounds of inventory, serious environmental hazards could arise with a chemical spill or other toxins.

Injuries in an Accident with a Truck Can Be More Serious or Fatal

If you were harmed in an accident due to negligence on the part of a commercial truck driver (or any other motorist), you could have sustained major injuries (brain injuries, spine and neck injuries, broken bones, and more are common) and been out of work temporarily or permanently. An experienced injury attorney should be the one to speak with any insurance adjustors who may call—and especially if they are prying for information or offering you a quick settlement. Keep in mind that their goal is usually to pay out as little for your accident as possible—and to tie up the case with as little time and effort as possible.

Contact Us for Help Now!

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!

 

Mediation

Mediation Can Be Much More Successful—and Less Stressful

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Businesses thrive on structure. The established team needs to show up, do their part, and keep the customers happy and coming back. As the owner or manager, however, your day probably includes a long, complex list of duties to be checked off from beginning to end. There are the finances to deal with, employee schedules and requests, meetings, inventory issues, marketing campaigns, and so much more. The last thing you need is a legal conflict, whether it involves an issue with an employee, a business partner, vendor, or another commercial entity you are butting heads with.

Mediation Offers Respite from the Clogged Court System

No matter which side you are on, heading into a court battle can be intimidating—and it may take a long time to reach a resolution; to begin with, your court date may be months ahead. After that, you could be forced to deal with continuances, appeals, and more. Most of us become frustrated with the crowded calendars, inflexibility in scheduling, and so much more. The truth is though that judges and court administrators are often doing all they can to eliminate clogging in the courtrooms. Many cases may be directed toward other methods of resolution such as arbitration or mediation, or they may be voluntary.

Mediation is popular for many parties engaged in conflict as they realize even in the throes of a dispute that they may not want to destroy a long-term relationship. The key is not so much in ‘winning.’ but reaching an agreement that both parties can live with. The setting tends to be much more casual, and mediators are usually able to work around the schedules of everyone involved; in fact, they may even agree to hold mediations on Saturday or Sunday, or after work hours during the week.

The Mediator Guides the Parties to Reach a Resolution

The relaxed atmosphere, combined with neutral assistance from the mediator, allows for most mediations to be successful. In a voluntary mediation, the mediator often makes a point to meet with the parties separately, before proceedings begin, to gain an understanding of the main issue and to begin formulating a path for resolution. The mediator does not decide the case but is tasked with keeping the disputing parties on course and helping them think outside the box when necessary, to attain their end goals. Once an agreement has been reached, the mediator is responsible for drawing up the documents to be signed—and once they are, the mediation is considered enforceable with all parties expected to hold up their ends of the bargain.

Call Us for Help 

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!

Bad Faith Insurance Practices

Five Reasons You May Need to Sue for Bad Faith Insurance Practices

Posted by Jeffrey Bolender on with 0 Comment

You may have several different insurance policies you are responsible for, including auto insurance, homeowner’s insurance, and a range of different insurance coverages for your business–none of which you probably ever expected to have to deal with bad faith insurance practices on. And although the details of each policy may sometimes seem overly complicated and hard to understand, the idea behind purchasing insurance is simple: you pay your premiums and the insurer agrees to pay out for the agreed upon items if there is a loss. And although some claims may seem to have some understandable gray area or offer ways for the insurer to wiggle out of paying, there are many cases where they are just hoping to settle for as little as possible, and with minimal time and effort expended.

The best-case scenario is for a claim that is cut and dry—and one that leaves you with as little trauma as possible in the end. Unfortunately, bad faith insurance practices are not uncommon today. Here are five reasons you may need to consult with a skilled bad faith attorney from a firm like the Bolender Law Firm though if you are not able to reach a suitable agreement:

  1. Lack of investigation – this can be incredibly frustrating for you as a policyholder if you are left waiting endlessly for resolution to your case, only to find out that the insurer has not even performed an investigation or that the claim has been denied with virtually no research or attention paid to the details.
  2. Delay tactics – again, being made to wait indefinitely with no results can make for a tortuous experience as the insurer tries to ‘wait you out,’ hoping you will have weakened resolve when it comes to accepting a settlement, or that you will forget about the process altogether.
  3. Lowball offers – if you have been injured and unable to go back to work or are in financial straits, insurers may hope to take advantage of your situation with a quick and lowball offer. Their goal is to make big profits each year and paying out as little as possible is almost always their mission.
  4. Denied claims – when an insurer outright denies a claim that may be completely valid, it may be an example of bad faith practices. Such behavior means that you must work with your attorney to uncover the problem and prove that your case is indeed valid and that you should be compensated.
  5. Intimidating or threatening behavior – it is no secret that while adjusters usually start out in a very friendly manner, they could become quite intimidating while collecting details about the case. You need a skilled attorney to field all questions and give out information; not only that, insurance companies usually have much better behavior when they realize they are dealing with legal professionals.

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!

Mediation Enforceability

Mediation Enforceability: What Affects This?

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Although mediation has been a popular form of dispute resolution for decades, many parties involved in legal issues are surprised not only to find out that the process is available as an alternative to litigation, but also that Mediation Enforceability is possible. Whether or not you have ever actually been in a courtroom, you probably have a good idea about how formal the setting is, and know that it can be a long and drawn-out, expensive endeavor—not to mention stressful.

Many court dockets are so heavily packed today that mediation (along with arbitration) is encouraged, and in some cases, it is a required part of the process. Mediators are expected to work with the parties, who in business disputes are often extremely motivated to reach a compromise not only so that settlement figures don’t reach exorbitant highs, but also because they may have enjoyed a long-term (and lucrative) relationship that they do not want to see go south. Disputes may be with internal business associates such as employees, managers, or partners, or they may be with vendors, other business owners, or commercial entities.

The setting for mediation is much more relaxed than the courtroom, the cost can sometimes be exponentially less, and scheduling is so much more flexible that the parties involved may be able to meet after hours or on weekends. In voluntary mediation especially too, the mediators can take the time needed to learn about the case, often meeting with the parties ahead of time to gather details and begin thinking about the best approach for that mediation.

There are some who question the enforceability of mediation; however, if an agreement is reached by the parties originally in dispute, and all the proper documents are signed, it is considered enforceable. This means it is indeed recognized in a court of law and everyone is beholden to the details of the settlement. The mediator is usually responsible for drawing up the agreement, although in some cases attorneys for either or both parties may review the documents or draw up even more formal legal documents following the mediation. If any of the information in the final mediation documents is later challenged successfully, the mediation could be proven unenforceable.

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.

partnership contracts

Partnership Contracts in Business—How to Avoid Disputes Later

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Every business is different, but one central theme prevails in all: you cannot do it alone. And while many business owners may be able to create and start up a business by themselves, there is usually a strong team put quickly into place, responsible for a variety of different tasks—from customer service to accounting to human resources. For one reason or another though, you may be founding a new company with one or more partners on board. Many entrepreneurs find this a healthy way to enter the business world, brainstorming and innovating with other like-minded individuals, as well as being able to share responsibilities for startup capital, the workload, and even some of the stress and anxiety involved.

You May Spend A Lot of Time with Your Business Partner

In a partnership, you have one or more business peers to lean on, whether that is financial or not. The relationship can be like a marriage in many cases—and sometimes it may seem like work obligations force you to spend more time with your business partner than you do your spouse. With nearly 30 million small businesses registered in the US today, that makes for a lot of partners—and unfortunately, disputes too. No one likes to see a long-term relationship with someone they have worked with go downhill though, and especially not one that escalates into a nasty court battle.

A Thorough Partnership Contract Could Save You Later

Just as with so many trusting couples who dismiss the idea of prenuptial agreement, partners in the initial glow of the business startup may neglect to create the proper partnership contracts. Getting started on this paperwork while the going is still good is key however. While it may seem awkward at first, setting up all the rules of the partnership at the beginning means you can formulate a plan not only for how you will proceed at the start—but also the end.

The basics should be covered as to which titles each partner will hold, decision-making power, job duties, and how profits will be disbursed. Just as important though are exit strategies discussing what will happen should one or more partners decide to leave—or what will happen to their shares if they die. A dispute resolution clause may prove indispensable later too, giving you the flexibility ahead of time to choose whether any legal issues would be settled through classic litigation processes or alternative dispute resolution instead, such as arbitration or mediation.

Contact Us for Help

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!

Policyholder issues

Policyholder Issues: Why is the Insurer Going to Such Lengths NOT to Pay?

Posted by Jeffrey Bolender on with 0 Comment

At the time you purchased a policy from your insurance company, chances are the experience was quite positive as you dealt with an upbeat insurance agent who listened to your needs and any policyholder issues, put together a package that sounded just right for you, and then took a check as you signed away. The policy got tucked away in a drawer somewhere in the home or your office, and as you paid your premiums monthly, quarterly, or annually, you were able to sleep at night with the peace of mind in knowing that you were insured. This means that you expected to be covered if you were sick or harmed—and you expected your home, business, and livelihood to be covered also should something go wrong.

Let’s use a car accident as an example. This is a typical area where insurance agencies may become aggressive about not paying out—and especially if it is the insurer for a negligent driver who caused you to become injured or debilitated and may have even been responsible for killing other passengers during the ensuing accident. As slow as they are to pay out, insurance companies tend to be as fast as lightning when it comes to calling after an accident; in fact, you may have not even made it out of the emergency room before adjusters start calling with questions. And while giving out basic information is not too detrimental to your case, it is important to refer any insurance calls to your attorney immediately.

If you do not have legal representation, adjusters may attempt for a free-for-all in gaining information—even asking for medical records and to tape record your conversation. It is important to understand that deep down they are not as friendly as they may seem, seeking any information possible to use against you should a legal case develop due to the accident. As to why they work so hard not to pay you? Even though you may have been severely injured, may be unable to go to work again, and may have had your life torn apart by an accident or other event, insurance companies don’t report billions of dollars in profits each year due to being nice; in fact, their adjusters and other representatives are trained to settle cases quickly, with as little effort and expense as possible. They are often motivated by bonuses and other compensation for keeping company costs down too. Along with that, insurance companies have vast financial and legal resources—which is why you need an attorney if you have been injured due to the negligence of others. And if you suspect the insurance company is practicing bad faith in not paying out a claim, turn to an experienced firm like the Bolender Law Firm.

Are you concerned about a recent accident, 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!