Month: March 2019

adjusters

Be Very Careful What You Say to Adjusters in Confidence

If you have had to file a claim, dealing with insurance adjusters is probably just exacerbating all the ills you may feel after being hit by another car, or a truck, or in having to find a way to have major home repairs made as quickly as possible. Those are only a couple of examples, obviously, as there are so many different types of insurance to be purchased—to include business liability insurance, health and life insurance, professional insurance policies, and the list goes on.

After being injured due to the negligence of another party, you may be shocked to hear how fast that phone starts ringing regarding your case. The adjuster for the other side will probably want to get down to brass tacks fast, and this means getting as many facts about the accident out of you as possible. While you may give them some basic information, remember that in no way are these people your friends. They may seem incredibly friendly, charming even, but it is their job to be smooth about many things—from extracting information from you to trying to get you to agree to a low-ball offer as quickly as possible.

You may also be told that anything you tell them is completely confidential. This can get tricky, however, and especially if you are roped into giving them a statement, or if you admit that anything was your fault. Keep in mind too that even if you think you are offering a description of the full scope of your injuries, there may be more than you know about if you have not had X-rays or a complete medical workup yet. The best rule is to consult with an injury attorney and upon working with them, let them do what they do best, which is communicating with the insurance companies. If bad faith is suspected, please contact our office as soon as possible. Do not 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!

rule of thumb

How Did ‘Rule of Thumb’ Become a Saying?

There are many terms you probably hear so much—or say so much—that you rarely stop to think about how funny they sound or wonder how they originated; for instance, how many times have you found yourself uttering a saying like, “well rule of thumb says…” meaning this is how something supposedly should be done, and often is thought of as a general principal based on practice, often approximated. And obviously, you probably aren’t using your thumb for a ruler, although hundreds of years ago, that may have been the idea as a thumb was supposed to be a good measurement for an inch. Check out your thumb though, and you can see that probably wasn’t very accurate at all for anyone!

The term is said to have come about in the 1600’s and may have actually been connected to marital law in England. The law may have said something closely related to the idea that a husband could beat his wife with a stick, as long as it was no thicker than his thumb, although many think this could be a myth too (the Idioms). Typical examples of using this idiom in context might be that as a rule of thumb, you add pasta to a pot once the water starts boiling, or as a rule of thumb, you never work past 4 p.m.

There are also many other very amusing rules of thumb you may never have heard, offering tips for etiquette (even that of cell phones), how to dress (if your shirttails hang below the palms of your hands, tuck them in), when to take your car in for repairs (never on the weekends), where to sit on an airplane (that depends), and more.

In the legal world, the way words are construed can make a huge difference in a case—and as we deal with insurance policies and insurers acting in bad faith far too often, it is important to delve into the truth of words, as well as dissecting exactly what is meant in something like an insurance policy. This can be extremely difficult in some cases if you are not a legal professional, and if you are going through an issue that feels exasperating (and frightening) to handle on your own, call us for help as soon as possible.

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!

Why an Insurer May Ask for Tax Returns During an Investigation

No matter what type of insurance you must buy, it is never as easy as it sounds—and filing a claim with an insurer is often the same way, unfortunately, even sometimes spurring on an investigation. Today, insurance companies bring in billions of dollars in profits, and some of that money is in thanks to you, paying premiums. Consumers in the US have much to protect, from their health to their estates, to cars, homes, businesses and professional liability, and more.

The transaction is supposed to be simple enough really, overall. You find an insurance agent you can trust and discuss all the details of what you are trying to insure. They sell you coverage that should offer you comprehensive risk protection according to what you need, money and policies and handshakes are exchanged, and everyone goes on their way. If you pay your premiums, you probably won’t hear from the insurer very much, unless there are changes or additions to your policy—and those are all details which you should be apprised of clearly.

On filing a claim, you may be expecting the same straightforward behavior you received before you were asking anything of the insurer. For many policyholders, this is a rude awakening. Suddenly, with the prospects of a substantial payout looming for your claim, the adjusters may not be as quick to complete an investigation—or worse, there may not be one at all. Delays upon delays may occur, and while for some this may not be a dire situation, but for example, if you have lost your home due to a disaster or if it has become uninhabitable due to a construction defect, there is probably a great sense of urgency to make repairs and get life back to normal. If your insurer begins acting in bad faith, it may seem like the world is turning upside down.

Outright denials, low-ball offers, and sudden differences in translation of how your policy works are all good examples of bad faith, but there may be other subtle ways that the insurer will try to intimidate you. Asking for excessive amounts of documentation, for instance, is not okay. Although the insurer may make it sound like asking for large amounts of paperwork is just routine—thus snowing you under with completing tasks—it is usually a tactic used to ‘encourage’ the policyholder to back down.

They may even require documents like your tax returns. This could be part of intimidating tactics asking for you to run around and find paper to supply them with, but a request for tax returns could also be their way of inspecting your finances to see if you would be motivated to file a fraudulent claim—or their backup for asserting so. Accusing or insinuating fraud is not only another common tactic, but a way to delay making a payout for a long period of time.

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!

auto accidents

Auto Accidents: Adjusters May Point to Older Injuries

Even a slight fender bender can be terrifying. The adrenaline flow is tremendous, and you may lose focus regarding what to do, aside from catching your breath. After pulling over if possible, begin assessing yourself and your passengers for injuries. Unfortunately, far too many car accidents today result in serious injuries or even death. There may be serious spinal or neck injuries, traumatic brain injuries or concussion, broken bones, contusions, and more—and this goes for motorcycle and other traffic injuries too.

It is critical to seek medical attention immediately after experiencing such an accident. Even if there is just a slight question regarding whether you may be hurt, have it checked out. Why? Because many injuries may not be completely apparent at first and may ‘settle in’ later. With X-rays and a medical once-over, your doctor can either treat you or rule out an injury. In some cases, you may be injured so badly that a hospital stay is required. During that time, you may be shocked to find the adjuster already calling to get information about the accident. They may want exact details of what happened, they may want your medical records forwarded as soon as possible, and may even ask to tape record your conversations. If you become uncomfortable during these discussions, it may be with good reason.

You could have a cut and dry case with no problems or reason for much discussion at all, but in a larger more complex case where you or a loved one have sustained significant injuries, expect a comprehensive investigation with lots of questions—and some that you may not feel up to handling while you are trying to heal. If you have been injured due to the negligence of others, consult with a skilled injury attorney, and allow them to handle all communication with the insurer. This could be critical to your case as adjusters will be hanging on your every word and will be especially focused on your injuries. They are skilled at tripping people up and may inquire about past injuries as they hope to avoid paying a claim, pointing to maladies in the past which could be responsible for your current pain—rather than the car accident which was truly the reason.

As they become more aggressive in their insertions, the case could become tricky—which is why you need expert legal help whether from your injury attorney or a bad faith insurance attorney from the Bolender Law Firm.

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!

good mediator

A Good Mediator May Be Able to Transform a Court Case

There’s little to enjoy about a court case, unless you happen to be on the receiving end of a large settlement–or working with a good mediator, ultimately. For many civilians though, enduring litigation can be long, stressful, and expensive. There may be emotional ties between the disputing parties in some cases, and the experience can be intense. Because there are numerous disadvantages to being in the courtroom, you and the party you are in a dispute with may have been able to decide on one thing—and that’s mediation. Other times it may not be optional, and the judge may have referred you to alternative dispute resolution, and with good reason.

In mediation, you can look forward to a different atmosphere from the courtroom. This is usually obvious from the beginning as scheduling is much more flexible; in fact, mediators are used to dealing with clients who have busy schedules, especially business owners, and they may even be able to mediate on weeknights or weekends. A good mediator takes time to research the case, and this often differentiates from the court case also as the mediator can take more time and speak with everyone before the process starts. In being fully apprised of the case details, the mediator will be better equipped to guide everyone in reaching an agreement. And ‘guide’ is the key word, as that is what they are there to do, rather than decide.

Alternative dispute resolution (ADR), and especially mediation, is usually successful, but much of it depends on the motivation of the disputing parties to resolve the issue and bring the process to a conclusion, as well as the skill of the mediator. While a law degree is not required for mediator, they are often retired legal professionals or may have extensive experience in the field of the business owners in dispute. If a stalemate or an impasse is reached, the mediator must rally everyone to think outside the box for different ways to find a resolution, even though they may seem (or feel) close to giving up.

This may be the time for the mediator to begin asking more questions, along with digging deep for what other concessions each party might be willing to make. Taking a brief time out, and then seeking more information along with further understanding what is motivating each party can be extremely enlightening. Offers and counteroffers are often brought to the table more quickly when disputing parties can understand each other better and loosen up enough to compromise further.

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!

emotional distress damages

Bad Faith: Can I Sue for Emotional Distress Damages?

You may have felt some amount of emotional distress just trying scrape the funds together to pay one or more insurance policies over the years! The situation may become very trying, however, when you have filed a claim, and nothing has been resolved. This can be extremely disconcerting considering anytime you were on the verge of being slightly late with a payment or returning a document to the insurance company, they expected an immediate response or consequences (in the form of having your policy canceled) would follow.

If you have reported a homeowner’s claim, for example, time may be of the essence in getting it paid so you can then make repairs to your home. Some cases may be extreme, too, due to a natural disaster like an earthquake or a landslide. Your home may uninhabitable, or very uncomfortable to live in, at best. Chances are, you will know something is wrong quickly as the adjuster simply does not come around to do an investigation at all, or they are right on time—but you are promptly denied without a reasonable excuse. Other red flags regarding bad faith practices on the part of your insurer may include long delays. They may put you off repeatedly, and without any reason. They may ask for voluminous amounts of documentation and begin making you feel as if you are under investigation for fraud due to specific questions and delays.

Often, bad faith practices occur simply because the insurer does not want to relinquish the funds for big claim—they are much better off with that cash in the bank earning interest, and they may not want to take the hit on their financial report for that quarter or year. Their customer service department may be disorganized, or your adjuster may be trying to earn an extra bonus for keeping claims to a minimum. If you are a victim of bad faith, however, this is not the time to go it alone. Contact a skilled insurance attorney from a firm like the Bolender Law Firm and along with taking the insurer to court for bad faith, they may also sue for punitive damages to include emotional distress, time you were forced to leave work without pay, and more.

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!

leave mediation

When is it Better to Leave Mediation and Pursue a Court Case?

Mediation is one of the most popular forms of dispute resolution and has been on an upward trend for decades, and although you may be interested in heading there–you may have no idea when it would be best to leave mediation. Unless you have been in a legal dispute previously, you may not even have been aware that it was an option over litigation. Sometimes mediation is not optional either but may be required by the judge as one part of an exercise during a trial. And while parties may balk at ADR at first, mediation especially is usually successful.

The mediator plays an interesting role in the process, as they are not there to decide the case for the involved parties. Their role is to facilitate resolution of the case through helping the disputing parties, but not too much! The mediator must remain neutral and is expected to bring forth their expertise when the parties involved have reached an impasse. This is normally where a mediator will shine. In most cases they will have interviewed both sides to gain and understanding of what is going on. This means that they have an easier time encouraging everyone to think outside the box when they seem to have hit a stumbling block or unfortunately, when tempers may be flaring.

Is it possible to leave mediation and go straight to litigation? The answer could go either way, depending on whether your mediation is court-ordered. If the judge sends you to mediation, they expect a resolution to be reached there, and if the news given to them is that you just could not reach a decision, they may send you right back; however, in an optional mediation, of course you have the choice to tell your attorneys that you wish to seek litigation instead.

Usually, mediation is a much better route for everyone involved as it is a relaxed and casual atmosphere much more conducive to reaching a settlement. Even though there may still be some lawyer’s fees, mediation is usually exponentially more affordable, and fast—not only in reaching a decision, but scheduling is much easier and more flexible as it only revolves around the mediator and the disputing parties, rather than the entire court docket.

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!

Trade secret protection

Intellectual Property: Why Trade Secret Protection is Different

Intellectual property is a necessity for most businesses today, whether you realize you are engaging in creating it and owning it or not. As soon as you make it or have it designed, it is yours. Most new companies start out building their brand. This can be an extensive marketing task, from complex advertising campaigns to creating logos (trademarks) to slogans indicating what you do (service marks), and so much more.

Copyrights come into play once artistic works have been created too, whether you are in the business of software, architecture, screenplays, literature, music, etc. Patents generally apply to inventions you have made (whether they are utility, design, or plant patents) and want to be given exclusive rights for manufacturing, selling, and importing. Trade secrets, however, are different because you are not actually granted a license for this type of intellectual property; rather it is defined as “a piece of information that has independent economic value by not being generally known and can reasonably be maintained a secret.”

Trade secrets are protected by the Uniform Trade Secrets Act, but as a business there are numerous measures you must take such as identifying what needs protection and labeling it, having proper storage, and keeping it secret. There should be suitable security measures taken to protect trade secrets, and employees should understand what the definition is of a trade secret, and if they have access to them at work, they should be apprised of the rules regarding confidentiality.

You may have hired independent contractors who were responsible for creating the contents of trade secrets, and at times this type of ownership can get tricky if it was not spelled out to begin with. Speak with your business attorney regarding the use of non-disclosure agreements and create company policy to be outlined in any available employee manuals. Most importantly, when an employee leaves your company or their job is terminated, they should be required to participate in an exit interview. A discussion regarding confidentiality of trade secrets should occur then too. Remember: if you are not able to protect your trade secret properly, the government is not responsible for it, and any responsibility on their part is eliminated.

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!

Business Partnerships

Business Partnerships: Can a Spouse Take Over Shares?

Owning a business is full of challenges; in fact, there may be days when you wish you had never come up with that original mind-blowing idea that set you in motion for working long days and nights, expending all that proverbial blood, sweat, and tears, and often feeling like more time is spent at the office with employees and those engaged in business partnerships than at home with your family. The irony is that while you are busy trying to make a living and sock away the dough for your family, you are forced to leave them for long periods of time. That doesn’t mean you forget about them though—and on the contrary, as family is first in the mind for most of us all day.

While it is important to make sure your family is covered in your will and all estate planning, this could play a part in your business partnership also. This critical contract should cover a long list of items to foresee that everyone is protected, beginning with items like who the officers and shareholders are, and what titles they hold in the business, if any. General job duties and pay should be outlined, along with discussion of other financial issues such as when profits are distributed each year.

What happens, however, if you or another partner were to die? Who gets your shares in the business? This should be established when you are forming the partnership contract, as there may be some discussion regarding how you want to structure it. You may want to consider whether you would want the right of refusal to buy the other partner’s shares should they die or want to leave or discuss the best structure if you do want to leave your shares to a surviving spouse, other family member, or outside party. If this is not agreed upon by all in the contract, it is usually not possible, by law, for a third party to be ‘substituted’ for a family member or other partner.

Speak with your business attorney about creating an airtight partnership contract. This is key in the beginning, and especially when everyone is getting along. A dispute resolution clause should be included also, establishing what type of resolution all parties would turn to in the case of a legal issues, whether that would be litigation, mediation, or arbitration. Details such as what county the resolution would take place in and who would pay attorney’s fees are usually included too.

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!

establishing boundaries

Establishing Boundaries in the Business Partner Agreement

Business partners can offer the best and the worst when it comes to sharing a business, which is why you should always have a business partner agreement. In the beginning, it can be enormously helpful to have a partner in crime, someone to brainstorm with, and a likeminded soul to open a new company with. This allows you to share financial burdens, which can be considerable not only in the beginning but can also continue throughout the life of your business as you must keep up requirements in maintaining capital. A business partner can handle a large portion of the workload along with you, and help you not only decide how to run the business but move forward in hiring employees, independent contractors, establish intellectual property, and more.

Just as you should have structure within your company though, you should have structure in your business partnership. This all begins with the partnership contract. And while you may have known this partner for many years—most of your life even—it can be extremely valuable to have everything in writing, comprehensively. Like any other relationship, the partnership should have boundaries, beginning with titles that outline roles; for instance, you may be the CEO and in charge of all the major decision making while partners will operate in other upper management capacities. Establish percentages that each partner has in the company, and delineate job duties also, although they may continue to be fluid over the years.

Difficult decisions for the future can already be put into place with the business contract too. What happens if one partner dies? What if a partner wants to move on to other interests and sell their shares? Speak with your business attorney about outlining how all these issues should be dealt with so you don’t end up with a new partner you didn’t plan on later or lose out on having first right of refusal to buy your partner out. Include a dispute resolution clause too, outlining how any legal issues should be resolved, whether in litigation, mediation, or arbitration. It is also typical to decide where such action would take place and who would pay attorney’s fees.

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!