Author: rainmakereditor

bad faith practices

Bad Faith Practices: Are Witnesses Being Intimidated?

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Insurance can be a simple type of purchase for many years; and while you should be sure to update it at least annually, you may have been paying your premiums faithfully for years without giving it much of a though—except to know that it was in force and there should you need it. Something like a car insurance policy may have been filed away or put into a drawer and forgotten about. You may have absolutely no reason to feel negative about your insurance company, much less harbor any ill will. This could change abruptly in the case of a car accident though, for example, where your insurer did not seem to be following through on their promises as outlined in your original policy—or if they seem to be acting out of line, and surprisingly so.

You May Find It Hard to Believe that the Insurance Company is Being Shady

In a ‘normal world,’ dealing with a claim should be cut and dry. But sometimes disorganization and greed take over, unfortunately, and you may find yourself feeling like the claim and settlement process is a bit like dealing with gangsters lurking in dark alleys as they find one way after another to shut you down with intimidation tactics. Bad faith practices are probably more common than any of us would like to think—after all, who wants to imagine that nice insurance agent we bought our policy from leading us into an eventual nightmare with adjusters?

Witnesses Should Be Respected as An Integral Part of the Case

A homeowner’s property damage issue or car accident and resulting claim should not resemble anything close to dealing with gangsters lurking in dark alleys, but if you are being harassed or if witnesses are being treated in a poor manner, you may be shocked, as well as feeling helpless. This is when you need a skilled bad faith insurance attorney on your side, whether there is the possibility of settling the case or moving forward to the courtroom. Bad faith practices may include adjusters or other representatives for the insurance company trying to intimidate you with making embarrassing allegations, accusing you of fraud unjustly, making you feel like you have no case and any settlement should be enough, causing delays, or just denying you outright.

In Bad Faith, the Insurer May Bully Defendants or Witnesses

Witnesses can be an integral part of any case, and they are commonly called on after an automobile accident. And although it may seem farfetched, the insurer may try to bully them—just as they have bullied you too. They may attack their credibility or character in a variety of different ways or use verbally abusive tactics in the hopes that they will back down, just as they hope you will.

Contact Us for Help

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: The Main Parties Involved Must Show Up

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Mediation relies on all disputing parties getting together in one room to discuss an issue that could have ended up in the courtroom first. In turning to alternative dispute resolution, the hope is usually that a more relaxed venue will lead to better success in reaching an agreement and/or settlement; in fact, most mediations are successful. The key is everyone working together and being motivated to do so.

This begins at the hands of the mediator, who will usually interview both parties separately. As they do so, the goal is to delve as deeply as possible into the details of the dispute with everyone involved. While they will note all the details of the case in hopes to gain a comprehensive understanding of it, they also must consider the best techniques for reaching a resolution. Every case is not a one size fit all situation, and experienced mediators will shape the process appropriately after gleaning out the all the facts and creating a more intense focus on what the real issue is, and what should be discussed at length. Along with this, they can offer a more casual atmosphere and schedule, which is usually much appreciated by business owners who may not only be stressed out by a legal dispute but wondering how they can find a resolution when their schedules are so rigorous.

In a classic business litigation scenario, it may be normal to have your attorney do all the legwork and the negotiating; however, in a successful mediation, your input and presence is necessary (even though you may be consulting with your attorney during the process) as you and the other parties are able to meet in person and in a neutral atmosphere. The goal is for everyone to find a way to move forward, and in many cases save both business and personal relationships that may have been long-standing and are viewed as valuable for the future too.

All involved and authorized parties should be available during mediation so that the process runs smoothly, with a settlement agreement being reached and documented by the mediator. Once this happens, all authorized parties should be available to sign the settlement drafted by the mediator, making it a legally binding agreement that everyone must follow through on afterward.

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!

 

lowball offers

Lowball Offers: What Makes Insurers Think They Can Get Away with It

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Insurance should be one of the clearest examples of give and take in the consumer world. You give the insurer money for premiums, and then later take some, all, or even more back later when an issue occurs such as a health problem or death, damages to the home or car, professional liability, or catastrophe. Most policyholders in the US take their insurance very seriously, along with making monthly, quarterly, or yearly payments on time. And as you probably know all too well, many of these premiums can be substantial.

Watch Out for Red Flags

It’s not always easy to pay for insurance, but like most consumers and policyholders, you probably make this a priority in the household budget. And because you have done your part—and perhaps have ‘paid in’ for decades without any claims—it can be extremely frustrating to experience delays from the insurer when dealing with a claim. You may begin to suspect you are on the receiving end of bad faith practices from an insurance company if nothing happens at first. In most cases, insurance claims adjusters are calling and inquiring about the details immediately, especially if there have been injuries or significant damage. If there is little activity on your case and no investigation seems to be pending, those are red flags, along with unreasonable delays.

Don’t Be at the Mercy of the Insurer: Seek Legal Help!

Insurance companies usually do not want to go to court. Litigation often leads to exorbitant amounts of money spent and time wasted in the courtroom, making the potential for a settlement a much more attractive option. This can lead to issues too, however, when the insurer is coming up with an extremely low amount. Along with building frustration, you may now feel insulted! Do they think you are stupid? What is the point of offering something you cannot possibly accept? In the real world, this should be a typical reaction—and especially if you are working with a skilled attorney; however, insurance companies get away with such behavior all the time.

Claimants may accept lowball offers because they feel like they have no other options and have spent so much time dealing with the case that they are worn down. Intimidation tactics may have played a role over time also, as the insurer has asked for excessive documentation, treated you as if you did not have much of a case, or even created false allegations against you.

You should never go it alone against the insurance company—unless you are okay with accepting a low-ball offer or being at their mercy in terms of all the settlement details. Chances are if you have had an accident or damages have occurred at your home or business, the financial aspects are extremely important. Consult with a skilled attorney who can take on all communications with the adjuster, and if bad faith practices are involved, take it to the next level by contacting the attorneys at the Bolender Law Firm.

Call Us for Help

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!

endorsements

Endorsements and Riders: Know When You Need Them

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Saying you are going to buy insurance sounds easy enough. Maybe you want to insure your car or your home or your business—or yourself, with a health or life policy. Finding a good insurance agent is your first task, and then explaining exactly what you need. You may be happy enough to let your agent figure out most of the details, hit the highlights with you, and then complete the transaction with some signatures and an initial payment for premiums. This may not be a problem if you never have a claim but having a comprehensive understanding of your policy really is necessary so that you understand your coverage.

Peace of mind is good, but not if it is based on error! Take the time to listen to your insurance agent when you are buying a policy and ask for clarification on anything that seems vague—or difficult to understand. This is especially important regarding any changes or additions to your policy too, in the form of exclusions or riders.

With an exclusion, there may be certain coverage that is not available to you. This is extremely important to know about and understand so you are not left unprotected later. A good example of an exclusion would be typical in a homeowner’s policy: flooding is usually excluded and must be purchased separately. In an automobile accident, there may be a liability exclusion if your business vehicle were to be damaged—meaning that your personal policy clearly states that it would not be covered.

A rider is the opposite of an exclusion as it adds something to your policy, usually at additional cost. You may add a rider to your life insurance like an accelerated death benefit option so that the policy pays out early, while you are still alive, should you be stricken with an unfortunate, terminal illness. As another example, you may add a rider to your homeowner’s insurance for valuables such as jewelry that could have been excluded otherwise. Speak to your insurance agent about all your assets and valuables that need to be protected and understand what isn’t covered so that you can then examine whether it is worth it (or necessary) to buy additional riders for your insurance policy.

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!

your trademark

Your Trademark: What are the Benefits of Registering it Federally?

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You may have heard the term ‘trademark’ bandied around forever—but perhaps not quite understood the nuances between that and other intellectual property. This is common for most of us, but the distinctions become apparent quickly when you start thinking about applying for protection of a mark that represents your brand.

Trademarks Apply to Your Brand

Trademarks apply directly to your business, while copyrights protect different forms of artistic work such as literature, movies, music, and even software and architecture. If you have invented something, as in a product or a process, you may want to apply for a patent. Trademarks are generally represented by logos or symbols, and they tend to draw customers to you over time due to their familiarity with your trademark as your brand continues to be marketed (quite heavily in some cases, depending on your business). Service marks, a subset of trademarks, may also be registered. The difference between a service mark and a trademark is that the service mark represents what your company offers to the public. Rather than just an emblem or a picture that reminds consumers who you are, the service mark tells them, with a slogan or short catch phrase.

Registering Your Trademark Protects Your Business Further

And while it is true that as soon as you create a trademark or service mark it is yours—and should be uniquely yours, registering it with the United States Patent and Trademark Office gives you more power to sue another party should they attempt to steal your mark or infringe on your design or company slogan. While such protection may not seem vital in the beginning, and you may feel like you have too many other things that are more important to deal with, taking care of your intellectual property could prove to be incredibly valuable later—not to mention saving you time from going to court or battling with another entity who has their eyes on your logo or slogan.

Once a trademark is approved (this could take up to a year), it is usually good for ten years and can be reinstated in ten-year increments. If you have intellectual property that you suspect needs protection, speak to a skilled intellectual property attorney as soon as possible. This will help steer you in the right direction regarding what type of application or registration is appropriate for your business, as well as helping you to streamline the whole process and make sure you are protected in the case that legal recourse was necessary.

Contact Us for Help!

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

examining bad faith

Examining Bad Faith & Common Tactics

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

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

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

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

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

Risk management

Insurance Protection: Five Policies You Need

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

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

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

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

insurer

When the Insurer Ignores Solid Claim Evidence

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

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

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

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

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

intellectual property

Intellectual Property: Does Common Law Really Play a Role?

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

Intellectual Property Belongs to You as Soon as You Create It

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

Registering Your Work is Recommended

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

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

Call Us for Help!

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

business partnerships

Business Partnerships: Five Reasons to Avoid Them

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

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

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

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