Year: 2018

Automobile Accident: Do You Know What to Do Afterward?

Posted by Jeffrey Bolender on September 5, 2018 with 0 Comment

You and your family probably spend a lot of time in the car, usually without the worry of an automobile accident; in fact, you may feel like you live there more than your own home due to what could be a lengthy commute every day, further travel for business trips, typical errands, and drop-offs and pickups for kids. It is easy to let your guard down and almost drive on auto pilot sometimes, but with traffic incidents continuing to rise in the US, extreme diligence and defensive driving are more important than ever. This goes for anyone on the road too, whether you are in a car, driving a motorcycle, riding a bike, or walking.

The reality is that in nearly any journey you will pass distracted drivers who can’t tear themselves away from their cell phones, those who are speeding, ignoring traffic rules, or even driving under the influence of drugs and alcohol. Their negligence may put you at risk for a car accident at any time, meaning that you should be prepared far ahead of time to know what to do afterward. Here are five of the most important tips:

Stop the car and take just a few moments to catch your breath and collect yourself after the trauma of an accident. The adrenaline flow afterward will be significant, and it is important to try and get your bearings, so you can then establish whether you or anyone else in the car are injured, as well as checking on the other parties involved.
Call the police immediately and file an accident report, as well as making sure medical help is on the way in the case of injuries. Make sure to note the police officer’s name and badge number and ask for a way to get in touch with them afterward.
Trade all pertinent insurance information and contact information with the other motorist(s).
Take pictures. If you can snap photos of damage to both cars, along with the license plate of the other vehicle. It may also be helpful to have any photos of the entire traffic area, including where the accident occurred, traffic signs, crosswalks, and stoplights.
Ask any possible witnesses for contact information also, as this may be the only time you ever see them again and they could be vital to your case.

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!

Homeowner Details: What to Know About Your Insurance Policy

Posted by Jeffrey Bolender on September 4, 2018 with 0 Comment

Homeowner details can make up a long list, but insurance is usually at the top. For most of us, the home is where the heart is. It is also meant to be a place of security and comfort, a haven from the outside world and work, and a place to lay our heads down at night safely. Aside from other real estate or storage areas, the home usually holds most of our worldly possessions too. The structure is a significant asset itself though—and if you have just purchased a home or had one built, it may be one of the biggest investments you ever make. Protecting it is key, and to do so you need good homeowner’s insurance.

Your insurance agent probably led you through the details of your policy upon purchasing it, but you may have found yourself signing on the dotted line without completely understanding some of the key points. Following are five things you should understand about your homeowner’s insurance policy:

It will be required by your mortgage lender – unless you have purchased your home outright, or have paid it off, homeowner’s insurance will be a necessity before you can close on your home.
Dwelling coverage – this usually covers any damage that occurs to the home, to include other structures on the property as well as the garage area of the residence. This coverage should mean that you have more than enough to pay for construction costs in rebuilding the home if necessary. While valuing the real estate is important, it is critical to consider this coverage in terms of the actual math for doing a rebuild.
Personal property coverage – covering the contents of your home, this part of the insurance kicks in whether your possessions are damaged or lost due to an unfortunate issue such as a burglary. There may be limits on typical items like jewelry, guns, collectibles, and more though.
Liability and medical payments – while this may be one of the items you think about least for homeowners, it is a standard but critical part of your policy. This coverage protects you if someone were to hurt themselves on your property (in a slip and fall accident, for example), as well as paying for medical expenses.
Extra coverages may be required – in California especially, be aware that earthquake and flood insurance are not provided in the standard policy, along with coverage for other disasters like landslides or environmental issues. These types of coverage must be purchased additionally, and often there are state plans available for items like flood insurance.

Business Strategies: Figure out Partnership Exits at the Beginning

Posted by Jeffrey Bolender on September 3, 2018 with 0 Comment

While some business owners employ many different business strategies and some prefer to fly solo, many others find that their companies thrive with the boost of one or more partners; in fact, if you do have business partners, these could be individuals you have known for many years—and they may have been integral in helping to develop your business model, products, intellectual property, and more. The key to a successful business partnership is much like that of any relationship: communication is key, along with a clear outline of what is expected of everyone.

Speak to your business attorney as soon as possible about having partnership contracts drawn up, defining titles, delegated duties, and information regarding profits and how and when they are to be dispensed. Even more important though is the exit strategy. And although this might seem like a negative thing to be considering from the beginning, the reality is that many partners do go in different directions over time, and it is better to have a plan while everyone is on good terms. This gives stability for the future too, as everyone knows what the plan is should one partner or another wish to depart or sell their shares.

The exit strategy for partners should include establishing the value of the business and then giving one or more partners the right to buy out their shares if that was the agreed upon plan; otherwise, they may want to leave their shares to family members or sell them to individuals from outside the company—a move which could lead to surprising complexities for existing partners who may later wish they had taken the chance to buy out the exiting partner.

Another important quotient in the business partnership contract is a dispute resolution clause. Again, deciding on such details before anyone is angry or suing can lead to a much better outcome later should a dispute arise. Dispute resolution clauses can be extremely detailed, outlining what type of method would be used, whether litigation, arbitration, or mediation. They may also be used to indicate where the resolution would take place, and who would be responsible for paying any attorneys’ fees, should that be an issue.

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!

Protecting Intellectual Property: Selecting the Right Mark

Posted by Jeffrey Bolender on August 31, 2018 with 0 Comment

In the business world, you will often hear about blood, sweat, and tears being poured into companies—despite how long they have been around. The marketplace can be extremely competitive, no matter what type of industry you are involved in, and most likely every move you make for your company is taken very seriously. You may have created new products or new services recently, perhaps even hiring independent contractors. Marketing campaigns usually follow, often with new client lists to target, press releases, launch parties, the social media blitz required for today, and more.

It is critical to keep your business, your brand, and your innovations and trade secrets—no matter what form they are created in—protected at all costs. Intellectual property law can be complex, so as your business continues to grow, you should consult with an experienced firm like the Bolender Law Firm to understand more about registering for the appropriate licenses.

While there is much to understand about copyrights and patents too, figuring out what type of intellectual property mark you want may be confusing. The bottom line is that you are working to protect your brand:

Trademark – many of these are famous around the world, from the golden arches, to that swoosh sign on footwear, alerting you to companies you are familiar with and may have purchased from far more than once. In your case, no matter the size of your business, the trademark should allow you not only to separate yourself from the rest of the competition and make you memorable, but in registering for one, you also ensure that you can take legal action against anyone who uses it without your permission. In most cases, having that registered trademark means it is yours.

Service mark – while the name for this mark is self-explanatory, many are not aware of the nuances of registering for variation on the trademark. Designating which services your company supplies to the public, the service mark (designated by an SM symbol, instead of TM) could be a slogan that cleverly explains what you do, and it falls under your intellectual property; again you can use this as your service mark without registering it, but you may not have the necessary legal recourse required if someone steals it.

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!

Why You Need a Good Business Attorney—Sooner Rather Than Later

Posted by Jeffrey Bolender on August 30, 2018 with 0 Comment

Before your company came into existence, it’s likely you spent years daydreaming about what it would be like to own a business—whether you brought forth a new concept, product, innovative business model, or helpful service to the community–and hiring a business attorney was probably not on your mind initally. There are so many benefits to business ownership, beginning with the control you have over your daily life as opposed to working for someone else. Along with that, you may have the ability to provide something truly valuable to the public, along with hiring a team and working with business partners who you may form lifelong bonds with over the years. The financial rewards are often better (although those first few years can often be challenging!), and it is an incredible feeling to watch a business you created take off. That is why protecting your hard work with the help of an experienced law firm like the Bolender Law Firm is critical.

While many new businesses do not hire attorneys until they are in the middle of a legal dispute, having legal expertise on your side from the beginning is recommended as you establish the foundation for your business. Whether you are creating a sole proprietorship or a large corporation, your business attorney will help you understand the best route to take, taking your finances and goals into consideration—as well as any tax implications.

Once your business structure is in place, a business attorney should be there for you as you form partnerships, whether they are with business partners who will be working in your company, or outside relationships with vendors and other entities. Legal advice is often necessary as you hire independent contractors also, creating specific agreements and maintaining the proper rights to your intellectual property.

More serious matters will arise over the years inevitably too, and your business will be much more secure if you have already solidified a good working relationship with an attorney you trust. You may be forced to deal with legal disputes from employees or outside sources, as well as handling any other myriad complaints or lawsuits that could be lodged against your company—whether they have merit or not. Unfortunately, dealing with disputes over the years is often the cost of doing business in a dog-eat-dog world. And, coming full circle, your business attorney will be able to assist you not only as you re-work profit allocations with employees or business partners, buy other companies or commercial real estate, but also as you or partners exit the company—or sell out altogether.

If a business dispute cannot be resolved through a call or written communication, our attorneys will represent you 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!

Insurance Coverage: Understanding Triggers

Posted by Jeffrey Bolender on August 29, 2018 with 0 Comment

If you have owned one or more insurance policies for a long period of time, you may have been lucky enough never to have to use it or worry about insurance coverage—but on the other hand, you may also wonder if it has been worth it to pay out so many premiums for what could seem like virtually nothing; after all, in many ways insurance is just a concept. After you meet with the insurance agent, discuss options, purchase coverage, and go on your way, you may feel a bit let down to find out all you feel like you received in exchange for your money was a stack of paper that may be difficult to understand.

Of course, the major goal in purchasing insurance is to procure protection in the case of a car wreck, an injury to a third party at your business, a disaster that affects your home—and so much more. Any such incidents could be debilitating to the person filing the claim, but also catastrophic to your finances. There are many reasons that coverage can be triggered, but it all comes down to one thing: the insurance claim.

If you have an occurrence policy, the claim may be that a third party was injured at your business, or their property was damaged. That triggers the coverage as long as the incident for the claim occurred during the time the policy was in force. With a claims-made policy, coverage is triggered if the policy was in force at the time the claim is made, or during an extended reporting period (also known as the tail).

In some cases, there may be a dispute with the insurer over the claim. You may have done everything right, from filling out all of your paperwork clearly and honestly, to paying every premium without fail, and making sure to keep all your policies reviewed and updated on an annual basis. To have a claim not paid promptly after you have held up your end up the bargain faithfully can be extremely disappointing. Seek advice from an experienced bad faith insurance attorney if you are worried about the following, whether it is regarding an injury claim, property claim, or professional liability that could threaten your business or livelihood:

An offer from the insurance company that is exceedingly low
Lack of investigation from adjusters
Delaying in payment for the claim
Outright denial of the claim

Malpractice Tail Coverage: Is it Necessary for Physicians?

Posted by Jeffrey Bolender on August 28, 2018 with 0 Comment

The particulars involved in taking on insurance can be often be complex. This could apply to any type of policy, but if you are trying to protect your business or professional livelihood with liability insurance, there are many facets to consider financially and for the long-term. If you are sued due to an injury affecting a third party or if property is damaged, without insurance you could be responsible for an astronomical sum. The proper insurance may also protect you against libelous claims.

Although insurance is critical for many different types of professionals, doctors are often under legal fire, and while some malpractice suits may be solid, there are many frivolous ones too. This means that medical professionals must dedicate a significant amount of their income to protecting themselves from a devastating malpractice suit. Without it, they could experience a financial catastrophe that would send them reeling back despite all their many years of hard work in the hospital, private practice, or both.

Malpractice insurance is almost always required, and the claims-made policy is common, often including a short-term extended reporting period or ‘tail.’ Needs may vary, but it is crucial to understand the differences in the policies available and make sure there is an ERP if necessary. A basic 30- to 60-day tail included with malpractice insurance certainly would not be enough if, for example, the medical professional is thinking about retiring but wants to be smart about covering themselves for the possibility of a claim arising even afterward.

While previously there were not a lot of options regarding tail coverage, malpractice insurers offer physicians a much wider range of extended reporting periods today, with varying rates in premiums. The need for such specialized insurance is there especially for doctors who may not receive notice of a pending claim or lawsuit until long after the insurance policy was canceled or terminated for whatever reason. Cost can play a major role in whether tail coverage is purchased though, and what kind. Medical facilities often cannot afford to provide doctors with the extended coverage, but they may be required to provide it for themselves. This could even be written into a contract regarding their departure from a facility, requiring the tail to be purchased then so that the hospital or office is not held liable.

Claims Made Policy: Consider This Before Terminating

Posted by Jeffrey Bolender on August 27, 2018 with 0 Comment

While the insurance industry gets a bad rap—and sadly all too often with good reason—you probably usually feel good about knowing you have coverage in place in case something goes wrong, resulting not only in injury but sometimes opening you up to enormous liability too. There is also the possibility that expenses for such a loss could be catastrophic to your finances. Because of that, most of us are relieved to have insurance and the accompanying peace of mind, despite high premiums and the long list of complexities that accompany many policies.

Getting educated about what you need is critical. Although your insurance agent may be able to explain all the details to you, researching different types of coverage and features included in varying policies will benefit you greatly; for example, you may not understand the differences between the occurrence policy and the claims-made policy. The occurrence policy protects you with coverage even if a claim is made later after your policy has been terminated—as long as the claim is regarding an incident that occurred while your policy was in force.

And although you may be tempted to cancel your claims-made policy due to issues such as the need for broader coverage or better service from your insurance company, keep in mind that there are benefits to the claims-made policy that you may miss out on later; for instance, although the claims-made policy usually states that any claim must have happened during the time the policy was in effect only, there is exception to this with the extended reporting period.

Commonly referred to in the insurance industry as a ‘tail,’ you can purchase an ERP as an endorsement with your policy that may last anywhere from one to five years, or sometimes even as long as ten—and although it may be more expensive than the basic policy, it can be extremely effective for professionals like doctors in the case that a malpractice suit or other claims are brought forth after the policy expires. The ERP may also be referred to as optional or supplemental or be listed as a ‘discovery period.’ They may also be included in your original policy, but only for the very short term such as 30 to 60 days.

Insurance Topics: Attempts to Rescind Policies Are Not Always Successful

Posted by rainmakereditor on August 24, 2018 with 0 Comment

As we age and take on more and more in life, financial responsibilities just continue to grow, and insurance topics figure into many conversations. Along with all the typical consumer household expenses (and debt) such as the mortgage, student loans, auto payments, and credit cards that keep us beholden to a range of ongoing payments, insurance is another critical purchase that must be made and then maintained financially; in fact, in some cases—like auto insurance—it is required. But even if law doesn’t force you to purchase other types of insurance, they are critical for financial protection, as well as peace of mind.

Once you have explored all your options regarding an insurance policy, discussed different coverages with your agent, and taken the plunge to buy a policy that seems like a good fit for your needs, you probably feel in control and able to go on about your business knowing that your future is protected in the case of a catastrophe. Other times though, you may feel like you are at the mercy of the insurance company, even when you fulfill everything asked on your end—which mainly means filling out all paperwork truthfully and signing on the dotted line—and paying those premiums (which often may be hefty!) on time.

Frustration usually sets in if you have had a car accident or had a claim for property damage or professional liability, and the insurer is delaying payment or even denying it altogether for a policy that was in effect. And while it is always your option to terminate an insurance policy, you may be surprised to find out that the insurance company can actually attempt to rescind a policy from their end. Usually when something like that happens, the insurance company is claiming that there was incorrect or fraudulent information in the original application for insurance. They may even accuse you of lying or hiding information so that you could have the advantage of seeing a policy go into effect that might otherwise have been rejected.

A successful rescission of your insurance policy by the insurer means that essentially, it is as if it was never put in place to begin with. Your premiums should be refunded, and you should be notified quickly regarding the process. Such activity can be extremely disturbing if a rescission takes place after you filed a claim, and especially if you know you were honest in filling out your application. While the onus is on the insurer to check out your information before putting the policy in place, all too often they may perform investigations after a claim has been filed and rescind a policy to avoid paying out.

If you suspect your insurance company may be attempting to rescind your policy simply to avoid paying for the claim, 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!

Claim Denied Due to the Assault & Battery Exclusion

Posted by Jeffrey Bolender on August 23, 2018 with 0 Comment

The purpose of insurance is very clear, and it is a financial one. In exchange for paying premiums that could be considered nominal in the long run should there be a major claim, you have the security of knowing that you are ‘covered.’ You may sleep better at night too like so many other policyholders do, dealing with all the stresses of home and business, but knowing that if there were an accident, a fire, a negligence claim, or even a major catastrophe, that the insurance company has agreed to take care of you.

The insurance policy can be complicated though, and one or more of yours may be so full of legalese that you feel like you are mired in trying to understand a different language upon reading it. Not only are there the usual basics such as your personal information and general coverage details, but insurance policies are often also full of a wide range of differing explanations of limits, conditions, riders, and endorsements which add extra protection. And although the individual who sold you the insurance policy may be experienced and knowledgeable, the rules of the insurance industry change so often that it is possible they may not even understand the policy fully.

Exclusions are common in insurance policies, spanning nearly every type; for instance, your homeowner’s policy may exclude damage from earthquakes or construction defects, while your automobile policy excludes other limitations regarding traffic accidents. Business and professional liability insurance may be even more complicated though, and there may be exclusions you never think you would have to worry about such as those pertaining to issues like assault and battery.

Assault and battery exclusions may arise in general liability, but usually such a policy is expected to pay claims for any type of bodily injury or property damage. Some insurance policies may clearly state, however, that they will not cover the insured if an assault and battery claim is filed asking for damages due to injuries. While it may seem understandable that the insurance company would want to exclude themselves from paying legal fees and damages for what could clearly be a criminal act, in many other cases the claim could be complicated and the terms ‘assault and battery’ could be used only technically, or as a complete stretch.