Year: 2018

Comprehensive Insurance and Collision: Know the Details

Posted by Jeffrey Bolender on August 22, 2018 with 0 Comment

Car insurance (comprehensive insurance, for example) is usually a necessity, and one of the typical financial responsibilities most of us take on as soon as we purchase our first car. Not only can it be expensive in some cases, it can also be hard to understand as you wade through trying to figure out which details you need in a sea of different coverages, deductibles, limits, and so much more. While not every state asks you to carry insurance by law, California does require you to have the following:

Bodily injury liability
Property damage liability
Uninsured motorist bodily injury coverage

And while both collision and comprehensive insurance are optional, most of us have at least one or both; in fact, if you have financed a car they may require that you carry ‘comp and collision’ until the balance of the vehicle loan has been paid off.

No matter what types of insurance you are purchasing, it may be tempting to get the bare minimum with the lowest premiums—and as we all know, even that can be high! Collision insurance is not hard to understand, just based on the term itself. If you collide with someone or something—in an accident—your collision coverage (assuming your policy is in force and there are no other extenuating circumstances) will kick in whether you hit another car, an inanimate object, or even a pothole. Deductibles vary. You may not have one at all, but of course that raises the rate of your premium. If you have a $500 deductible in the case of a collision, you would have to pay that before the insurance kicked in to have your car fixed.

Comprehensive insurance covers collisions with different types of obstacles such as animals or falling objects. Along with that, you also have coverage for theft, vandalism, natural disasters, and more. There are limits as to how much it will cover, and again, you may or may not have a deductible—depending on how much you want to pay for a premium.

If you aren’t sure about what types of coverage are best for you, have an in-depth discussion with your insurance agent and consider how much your car is worth, how much time you really spend on the road, and what your budget can realistically afford, whether you pay your insurance by the year, quarter, or month.

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!

History: The Employment Retirement Income Security Act (ERISA)

Posted by Jeffrey Bolender on August 21, 2018 with 0 Comment

The Employee Retirement Income Security Act of 1974 (ERISA) was enacted, plain and simple, to protect employees. This came about long after egregious acts by employers who mismanaged pensions and retirement plans—leaving long-term, hardworking employees with nothing in some more extreme cases such as that of Studebaker leaving thousands out in the cold in the early ‘60s. Pension reform was needed, but it did take time.

Throughout the years, ERISA has been amended several times as lawmakers work to refine it further to protect individuals in the US looking forward to the benefits they have been promised. And while pensions were not offered or expected by most before 1900, today they are a benefit many individuals seek—looking toward security in their later years. ERISA originally administered to a range of different tax and labor issues for employees and their retirement plans, but over time it has been expanded to include requiring minimum standards for other benefits like health and disability insurance, scholarship programs, training programs, and more.

“ERISA requires plans to provide participants with plan information including important information about plan features and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty,” states the U.S. Department of Labor.

Over time, ERISA has grown through critical amendments as well, such as the:

Consolidated Omnibus Budget Reconciliation Act (COBRA)
Health Insurance Portability and Accountability Act (HIPAA)
Newborns’ and Mothers’ Health Protection Act
Mental Health Parity Act
Women’s Health and Cancer Rights Act

Today three different entities administer ERISA: the IRS, the U.S. Department of Labor, and the Pension Benefit Guaranty Corporation. 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!

Delay Tactics: Is Your Insurance Company Using Them?

Posted by Jeffrey Bolender on August 20, 2018 with 0 Comment

Dealing with insurance companies can be challenging even in the best of times. The laws are complex, coverage requirements can be difficult to understand, and the policy you end up with may seem like it is written in a different language altogether—especially if there are exclusions, riders, endorsements, and more to sift through. And then there are the premiums (rarely on the inexpensive side) that you must keep up with faithfully, fearing cancellation if even one is missed or late. Purchasing and maintaining coverage may seem like an odious task but as consumers in the US, we usually fulfill these responsibilities to protect our families, ourselves, our possessions, livelihoods, and more.

The insurance industry rakes in billions of dollars each year, but they don’t always have a happy following of clients, and many are outspoken and critical to say the least. Most of us don’t enjoy buying a product that is intangible for the most part—and may feel like it is a complete waste of money to pay for years on end when you never even have to file a claim. If that has been your experience, you may be extremely frustrated when the time does come to file a claim and your insurance company is giving you the runaround. Undoubtedly, you are comparing their millions or billions of dollars in net worth with what you have and wondering why they feel the need to treat faithful customers so poorly—you included.

Insurance companies may use delay tactics such as disputing enormous bills that you need paid in the claim; for example, if you were in a car accident and the insurance company for the negligent party is supposed to pay out, they may dispute medical bills or scrutinize how long it took you to get treatment—eventually using that as a reason to drag their feet on even deny the claim altogether.

The reason they do so is built on a simple, but extremely profitable, business model: put as little time and effort into claims and investigations as possible and pay out as little as possible. Nearly everyone working in the insurance industry is enticed by bonuses and additional compensation—and this goes for adjusters too, who understand that the less the large corporations have to pay out, they more they can make too. Knowing that they are completely in the driver’s seat if you do not have legal representation, the insurance company may also delay just to wear you down into accepting a smaller settlement.

In the midst of such delays, remember that the adjustors are not your friends. They are there to save the insurance company as much as possible regarding claims. Beware of their attempts to speak to you instead of your attorney, as well as requesting access to medical records and asking if they can tape your conversations. They may also tell you to relax when it comes to hiring an attorney—why would you need one when you can work out a settlement with them all on your own? The fact is that you do need legal representation to see that you receive the compensation you deserve. Don’t try to go it alone, and especially if you think the insurance company might be acting in good faith.

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!

Claims Made Policies and Occurrence Policies: The Differences

Posted by Jeffrey Bolender on August 17, 2018 with 0 Comment

If you own an insurance policy (or two or three…), chances are it is either an occurrence or claims made policy. And as a business owner or a professional, when you begin working with an insurance agent to explore different policies, it is extremely important to know the differences and understand which will work best for you in terms of liability protection so that your livelihood is protected.

Protect Yourself as a Business Owner or Professional

Being in business for yourself offers so many rewards. You have the freedom to follow your dreams, control to develop your own products and services and innovations, create the schedule you want for yourself (and your team too), and perhaps even make a significant impact within your own industry. Along with that, you may have daily contact with the public and a growing client base. While that can be incredibly rewarding—and especially if you feel like you are making a difference in their lives—there may also be instances where you need protection; for example, if someone is injured on your property and you do not have the proper liability insurance in place, you could be completely drained financially trying to pay for the damages yourself.

Occurrence Policies

With an occurrence policy in place, coverage is provided as long as the incident happened while your policy was in force—and even if it is reported later (yet still establishing a date within the policy coverage period), you should still be covered. That applies even if once the incident that occurred during the policy period has later been canceled when the claim is made. To be clear, let’s say you had a policy in force from 2015-2016. Obviously, it has since been canceled, but a claim was just brought forth regarding a liability issue from 2016. The occurrence policy should cover it—and most general liability is written this way.

The Claims-Made Policy

The claims-made policy introduces some other nuances, however. You must have been continually insured when a claim was brought forth, and although the incident may have occurred outside of the coverage period, it is covered if the claim is brought forth while your policy is in effect. It is also possible to buy further insurance referred to as a ‘tail.’ This offers extended coverage is a claim is reported after the claims-made policy has been terminated. While this type of coverage is helpful for many professionals, and often for doctors, it is not available to everyone. Dealing with claims could be complex later too.

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Business Owners: Are You Covered for Workplace Injuries?

Posted by Jeffrey Bolender on August 16, 2018 with 0 Comment

No matter what type of business you own, there is always the possibility of an injury in the workplace. While some sites are more prone to one or more of your team having an accident over the years while they work for you—whether you oversee a large construction crew, operate a restaurant, or any other type of company—it is critical that you have sufficient worker’s compensation insurance; and in fact, it is the law in California according to California Labor Code Section 3700.

Many different types of accidents can occur, and employees may be out of work for a range of different time periods—receiving either temporary or even permanent disability. The most common injuries that result in payments from workers’ compensation tend to be strains; for example, employees may pick up boxes or other materials at work that are too heavy and then sprain their backs or other areas such as the arms or wrists. Unfortunately, many of these injuries occur even after so many businesses have instituted their own injury and illness prevention programs as recommended by the Occupational Safety & Health Administration (OSHA).

Offering the proper education, information, and training to your employees regarding how to avoid injuries on the job can be critical to cutting down on incidents, and also helps promote a stable and safe atmosphere:

“Injury and illness prevention programs are not new, nor are they untested. Most large companies whose safety and health achievements have been recognized through government or industry awards cite their use of injury and illness prevention programs as their key to success,” states the OSHA website. “Convinced of the value, effectiveness, and feasibility of these programs, many countries around the world now require employers to implement and maintain them. These countries include Canada, Australia, all 27 European Union member states, Norway, Hong Kong, Japan and Korea. This initiative also follows the lead of 15 U.S. states that have already implemented regulations requiring such programs.”

The OSHA website also points out that “California began to require an injury and illness prevention program in 1991. Five years after this requirement began, California had a net decrease in injuries and illnesses of 19 percent.”

Even with programs available and heightened awareness though, accidents sometimes cannot be avoided—and that is where insurance comes into play (in so many other areas of coverage too for individuals and businesses in the US). Not only does workers’ compensation protect your employees by providing them with medical coverage as well as compensating them for wages, but as they accept it they also give up the right to sue you regarding the injury, making it indispensable coverage all around.

Your insurance agent will be able to inform you of California’s laws and requirements regarding worker’s compensation and you should be able to purchase your coverage through them. It is also available through the State Fund.

If you are having difficulty with workers’ compensation, 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!

Insurance Topics: Defining Bad Faith

Posted by Jeffrey Bolender on August 15, 2018 with 0 Comment

When you purchase an insurance policy, there may be many complexities within the policy and the outlined details of coverage, but one thing is simple: you are paying established premiums to the insurance company in exchange for financial protection if something goes wrong; for example, if you have an automobile accident, you expect the insurance company (or the insurer of the other negligent party in many cases) to pay for damage and injuries. If you are sued by a client, you expect your professional liability insurance to protect you and your business. Other products like life insurance can act as protection for your family, offering an inheritance or income to them after you are gone.

Coverage is outlined in your policy, specifying who the insured and the insurer are, what is covered, how much insurance there actually is, and how much it costs—along with any deductibles. Although many are just generic templates, policies and wording regarding coverage can often be difficult to understand. Keep in mind that your insurance agent may be a great salesperson, but even they may not even understand everything about the policy, and especially if it has riders attached to it, or a variety of other addendums. Skilled, experienced attorneys from the Bolender Law Firm can help you understand your policy better, and especially if you suspect there may be a possible bad faith claim.

Making sense of an insurance policy can be difficult—and so can paying the premiums. In some cases, they may be very high, and as a consumer, you may struggle to pay for several different types of insurance products in your personal life—as well as for your business. Because of that, you may be extremely frustrated when the insurance company is not following through on their promise to see that your car, home, or business are financially secure in the case of an accident or negligence claim. A bad faith claim is brought forth when the insurance company is not following through on their promises, resulting in a bad act toward the policyholder.

Examples of your insurer acting in bad faith could be: not investigating your claim sufficiently—or at all—or only extending an extremely low offer. They may be dragging their feet on paying the claim also, only paying part of it, or denying it altogether. Contact us as soon as possible if you need an experienced bad faith litigation attorney, concerning the following types of insurance:

Commercial property and liability insurance
Homeowners insurance
Automobile insurance
Directors & Officers insurance
Life insurance
Accidental death insurance
Professional liability insurance
Specialized insurance products

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!

Property Damage Appraisers: Should I Trust Them?

Posted by Jeffrey Bolender on August 14, 2018 with 0 Comment

If you have not had a reason to file an insurance claim recently (and your premiums are not exorbitant), it may have been easy to put the subject of insurance out of your mind for quite a while; however, if you have been in a car accident or were forced to file a claim regarding damage to your home or business, or more, dealing with insurance and property damage appraisers may suddenly become a central focus. And nothing can be more frustrating than being interrogated or stalled when you have done your part in paying premiums for years, fulfilling every requirement as requested by the insurer. Along with spending far too much time stressing about what is going to happen to your property or how you are going to pay medical bills, you have probably pored over your insurance policy too, wondering what the deal really is in the face of your insurer delaying the investigation or paying out for your claim.

The property damage appraiser works for the insurance company in evaluating the condition of your car, for example, if you have been in a wreck and have filed a claim—or they may be working for another party’s insurer if you were in an accident due to the negligence of someone else. The goal of the appraiser is very clear: to assess and advise on whether or not the insurance agency should pay the claim. They do this by investigating, ruling out fraud, examining insurance policies and other information such as medical records, and negotiating settlements and payments. They are also used to speaking with attorneys while they do their jobs. Keep this in mind if you are feeling helpless, alone, or intimidated during the appraisal, claims, and settlement (or litigation) process, as it is in your best interest to refer all questions to your attorney—and especially if you suspect the insurer may be acting in bad faith.

Insurance is about big money, and those involved are often given highly motivating compensation to see that cases are closed as quickly as possible and with as little cost as possible. While they may seem very friendly as well as neutral when it comes to assessing damage, never forget that they work for the insurance company and have a major role in deciding the outcome of your case. All questions from the appraiser should be referred to your attorney pleasantly, but firmly. Do not agree to hand over any files or participate in any recorded conversations without the advice of your attorney first.

Five Reasons Your Life Insurance Claim May Be Denied

Posted by rainmakereditor on August 13, 2018 with 0 Comment

Unless you work within the insurance industry, you probably find purchasing insurance to be somewhat of an odious task–not to mention figuring out a life insurance claim. Most of us are forced to own more than one type of policy, whether it is required by law or for our own peace of mind in knowing that if something happens, we are covered. Life insurance is a bit different though. In most cases, you do not have to own any if you don’t want to, and even if you lack direct descendants, leaving behind life insurance helps with funeral and burial costs, any outlying debts, and more.

No one enjoys thinking about their own mortality, and life insurance certainly brings the topic to the forefront. It may be an important part of your estate after death though, not only covering your final expenses but also leaving behind an inheritance for those who succeed you in death and may also rely on you for income. Unfortunately, collecting on life insurance may be a hassle for your beneficiaries later. Your surviving spouse or children may have been relying on it to survive after you are gone, but in some cases, it could be denied because of reasons like the following:

Coverage was not what you expected or was not put in place as you expected—and this is another good reason why you should review all your insurance policies at least once a year.
Information on your original application was not completely truthful—often this is just due to the applicant guessing about something or perhaps being forgetful, but if the insurance company can find a reason to deny your claim, they will. The application most likely will be scoured for any inaccuracies, so be certain to take your time and be sure about what you are telling the insurance company; for example, a pre-existing issue that was not disclosed could cause denial of a claim.
Premiums were not paid. Keeping up with insurance payments can be challenging, but your policy could lapse even if you miss one premium.
Suicide—historically, this is usually a reason for life insurance claims to be denied; these days, the rule is normally that a claim regarding suicide would be denied if the policy was less than two years old.
Lack of beneficiaries listed on the life insurance policy—obviously this is critical to dispensing life insurance funds and reinforces the reason to review your policy every year.

Extended Reporting Period Could Be Your Saving Grace

Posted by Jeffrey Bolender on August 10, 2018 with 0 Comment

Have you ever really looked at your insurance policy or examined details on items like an extended reporting period? For so many policyholders, the insurance transaction means communicating with a new agent—or perhaps one that you have had for years—and purchasing whatever coverage is necessary, putting the policy in a file, and then reminding yourself of the due dates for payment. In exchange for this ‘product’ you are buying, you receive a policy outlining all the details of how the insurance company will pay for any claims.

Most consumers are concerned with the features offered in basic auto policies, such as what types of coverage they need for bodily injury, property damage, comp and collision, and more. For homeowners, they may wonder about coverage for their home structure, the contents inside, and liability in case someone is hurt on the premises. In some cases—and especially if you are a working professional like a doctor, for instance—you may need more complex insurance in the form of a claims-made liability policy. This type of coverage protects you only if you have a policy in place when the claim is filed, however, and the policy must have been renewed continually, covering you within the time that the claim of negligence was made.

The extended report period can be extremely helpful if a claim is filed after coverage ended. Even though the event causing the claim may have occurred while your policy was in force and you were paying premiums, if the claims-made liability policy is not longer in force, the insurance company does not have to pay. With an extended reporting period in place, however (also known as a tail), you are allowed more time to report a claim to your insurance company—and this could save you from serious financial problems. Time periods for the ERP vary in length, from one to five years, or maybe even ten in some cases. An ERP for a shorter period of time may actually be included in your claims-made policy but is much shorter—usually only a couple of months at the most though. Longer ERPs are purchased as an endorsement to your policy.

Website Claims: Is Your Business Vulnerable?

Posted by Jeffrey Bolender on August 9, 2018 with 0 Comment

No matter how long you have been in business, you probably maintain a long list of responsibilities and tend to the majority of them daily, working with valued clients, handling employee issues like scheduling and performance reviews, managing financial issues, ordering and dealing with vendors, and so much more–and because of that, having to worry about something like website claims may come as a bit of a surprise.

It Can Be Challenging to Keep Up with Emerging Legal Issues in Business

Not only that, you are expected to know and comply with many different rules, regulations, and laws—from those related to harassment or discrimination charges that could potentially be filed with the Equal Employment Opportunity Commission to varying and complicated issues that can arise after someone is terminated or quits and may seek unemployment benefits. There are complexities in hiring independent contractors and creating confidentiality and non-disclosure agreements—as well as protecting intellectual property. And those are just a few examples of what you must worry about.

Even Online Businesses May Be Affected by Discrimination Lawsuits

As the digital age has progressed over the last few decades, methods of doing business have changed enormously too thanks to the internet. We all do many things differently, and much of that is due to the ease that online processes offer—especially for consumers. With that, many of the same legal issues carry over—even if you haven’t thought it about it, and especially for issues with discrimination. Because so much access is provided today over the internet and many businesses are technically run online, all companies must make sure that suitable access is provided on their websites for those who are handicapped. If you fail to do so, you could find yourself being sued with an American with Disabilities Act (ADA) website claim.

ADA Website Issues Are Often Filed as Title III Claims

An ADA website claim falls under what are known as Title III claims, lumped in with other discrimination lawsuits related to issues like lack of access for wheelchairs in parking lots or gas stations, or lack of access or allowance for service animals. Most website claims are filed regarding lack of access for individuals who are visually impaired, but sometimes also for those with hearing impairments when videos are included on websites without sufficient communication for the deaf. Along with being pressed for a settlement, your business may then be forced to show continued compliance in the future.

Contact Us for Help

If you are concerned about an ADA website claim or another business dispute, please contact the attorneys at the Bolender Law Firm. We will aggressively pursue litigation if negotiating a settlement is not possible, using our extensive knowledge of civil procedure, and corporate and commercial code law. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!