Author: rainmakereditor

sued

Sued After an Accident: Does the Insurer Pay My Legal Bills?

While purchasing insurance may often seem like a rote task and paying premiums just a financial inconvenience that goes with the territory of buying a home or a car, the idea is to minimize risk for everyone involved. The hope is also that—even with the expenses involved—a claim will never be necessary. Most of us in our lifetime will be in a car accident though, unfortunately, or experience damage to our home or our business. In some cases, it may be our fault too. Either way, experiencing what may be a catastrophic event requiring assistance from your insurer can be extremely stressful. And especially if legal action is involved.

There are many different examples that could include liability claims. You may have been in a car accident and found at fault. In that case, your liability insurance should cover any legal needs. If you own a policy covering you for general liability and a customer takes a spill on the concrete, you could find yourself being sued for substantial medical bills. Fortunately, the money you have been doling out for all those premiums should cover you for a legal defense—unless the situation at hand falls under an exclusion to your coverage.

A legal defense is usually covered and includes investigation of the claim. In many cases they will attempt to settle the claim with the other party. This is common in cases like auto accidents where an insurance adjuster will examine the property damage to the cars, interview all parties involved (including witnesses), and then arrive at a settlement amount to be offered to the injured party. If that is not possible and the case does go to court, you should be covered for the duration of the trial unless there are stipulations in your policy regarding such obligations. It is vital to have a comprehensive understanding of what you are purchasing at the time that you are speaking with your insurance agent before an accident occurs. While even a fender bender can still require hundreds or even thousands of dollars in repairs, an incident including catastrophic injuries or repairs could lead to financial ruin without the proper protection.

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!

 

alternative dispute resolution

Mediation Topics: Alternative Dispute Resolution or Court?

In some cases (many of which can be resolved with alternative dispute resolution), a legal dispute may erupt in a flash, whether due to an act of negligence, accident, or other incident that pits two or more parties against each other. Other times, legal action may be the culmination of a relationship that has been going south for quite some time; for example, if you are a business owner, you may have issues with a vendor who has been supplying building sites with materials for years if you are a contractor—or perhaps food inventory if you own a restaurant. A business partner whom you founded your company with decades ago may have become resentful over certain issues, or desire complete dissolution of their part in the company. There could be disputes with employees, breach of contract issues with those working full-time or as independent contractors, or issues that arise with other businesses—and perhaps those that are owned by industry peers.

Led by a neutral mediator (often trained in an area relevant to your dispute) who guides the disputing parties in reaching an agreement and/or settlement, the mediation process allows the disputing parties to have an open discussion without the adversarial atmosphere so common to the courtroom. Mediation is also much more conducive to saving relationships that one party or the other may not want to see disappear. That could be due to personal relationships or an ongoing profitable relationship. This type of alternative dispute resolution should work well if you seek a more voluntary and relaxed atmosphere that is also conducted behind closed doors and kept confidential. Although mediation requires time and patience, and commitment to the process of reaching resolution, it is usually exponentially faster than litigation.

If you think a jury trial would be better for the type of legal dispute you are engaged in, however, mediation is not the way to go as juries are not allowed. Discovery and presenting of any evidence are limited, and no court transcription is performed during the process. If you want someone else to decide the case, mediation is not the best option either as this type of alternative dispute resolution means that you and the other parties are put together to reach a resolution with the guidance of the mediator, who is also not there to represent either party or give anyone involved legal advice.

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!

commercial property

Commercial Property and the Margin Clause

There are many different reasons to buy insurance. You may find yourself worrying about whether to buy one or more policies, putting out thousands per year for protection that may never be needed. The greater worry, however, is what could happen if you did not purchase insurance. Without auto insurance, you could find yourself facing an enormous lawsuit if someone were injured due to your negligence—or serious property damage to your own vehicle left unpaid for if you had an accident without anyone else even involved. Without homeowner’s insurance, if your home suffered catastrophic damage and became uninhabitable, you could have little recourse for rebuilding. Without medical insurance, your health could be in jeopardy—and without life insurance, your surviving spouse and heirs may be left hanging in the balance, quite literally.

Commercial insurance is on another level entirely, however, as it not only protects all the hopes and dreams and hard work you may have contributed decades to, but also because it reduces any financial risk to your livelihood—and without that, protecting your family can be extremely challenging. In working with your insurance agent, however, you may feel overwhelmed with the complexities of understanding what your risk is, what you need, how much you can budget for premiums annually, and which deductibles to choose.

Understanding the basics of your policy, from coverages to exclusions, limits, and endorsements can be an ongoing education in itself—and it should be that way as you purchase insurance and then confer with your agent about updating it at least once a year if necessary. Complexities such as the margin clause may have you shaking your head wondering how it benefits you at all—and the answer is that it generally does not as the insurer adds the margin clause as an endorsement to your policy to offset the latitude of a blanket limit should there be the potential for a major pay-out.

The margin clause usually comes into play if there is a catastrophic loss to your commercial property that has become more valuable over time—without any updates regarding the value being discussed with your agent or resulting in changes to your initial policy. Substantial limits are placed on your property with the margin clause, meaning that only a specific percentage of the value of your commercial property would be paid for in a claim. You could be left paying thousands more on your own. It is critical to discuss all the details of your policy with your insurance agent—and whether your policy contains a margin clause or not, if it is not being paid, you may be a victim of bad faith practices. Signs of bad faith usually include unreasonable delays or requests for large amounts of documentation that may not seem relevant, or other intimidation tactics, along with complete denial of the claim with little explanation.

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!

bad faith

The Insurer Acted in Bad Faith: What Happens Next?

Despite so many horror stories (and you may have already been through a few yourself), most of us choose to—or are required to—purchase insurance policies based on trust. Whether you are buying car insurance, homeowner’s insurance, commercial insurance, or another type of protection, the transaction is based on a mutual promise. You provide honest information to the insurer, their underwriters approve one or more policies for you, and then you are responsible for paying premiums on time—but be aware that although the insurer may have no problem presenting you with delays on their end, missing just one payment could be the difference between having a claim paid, or completely denied.

Unfortunately, the insurance company usually has every right to deny a claim if the policy already canceled, but there can be other complexities (see previous blogs on policies with longer-lasting coverages such as malpractice tail coverage, the claims made policy, or occurrence policy) too. In most cases though, if you have paid your premiums and the need arises to file a claim, you expect the insurer to follow through on their promises. In the case that there was a damaging fire at your home, however, or a car accident (although there could be many other examples) resulting in property damage or physical injury, and you filed a claim, there could be numerous indicators that the insurer was acting in bad faith.

Although delays do happen, they could be a sign of bad faith. There may be delays in any type of investigation by the adjuster. They may be waiting on more information, or it could be a simple case of disorganization. If, however, there does not seem to be any investigation at all going on—or if they have requested torrents of documentation from you (some of which hardly seems relevant and may be extremely inconvenient to collect and provide to them), there may be an issue of bad faith. Other red flags may include delays that are followed by low-ball offers (and pressure or intimidation to accept them), presenting erroneous information as to why a claim may not be paid, or denying it altogether.

If you suspect an insurer is acting in bad faith against you, review your insurance policy to make sure you understand your coverages first. This may require legal expertise, along with skilled representation in the courtroom should you need to take legal action against the insurer. 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!

independent counsel

Independent Counsel for Insurance Lawsuits: When You Need It

If you are involved in a lawsuit—and especially one that is more challenging and adversarial in nature—you may feel like the world is against you. No one wants to have to endure the stress of litigation, which can be long and drawn-out, expensive, and has the potential to offer little satisfaction in the end. Being forced to fight without someone on your side may seem like a completely losing proposition, and although your insurance company may be providing an attorney for legal defense, you may feel like the odd man out. Unfortunately, you probably are not imagining things either as the insurance company must follow through on their promises as outlined, but that doesn’t mean they aren’t keeping a shrewd eye on their money.

Whether you are in court due to a serious automobile lawsuit where you were suspected to be negligent and there were serious injuries or property damage, or perhaps a commercial liability incident where someone hurt themselves on your property, in most cases your established liability insurance kicks in and leaves the insurance company obligated for your defense under ‘duty to defend.’ You can be sure that in most cases too, the insurance company will hope to take the more affordable route after performing an investigation and settle with the other side instead of heading for the considerable time and expense expected in the courtroom. If that is not the case though and you are involved in litigation, and you feel like you are not getting a fair shake as there is a conflict of interest with the attorney the insurer has provided, you may have the right to also have accompanying independent counsel—to be paid for by the insurer.

This may be vital to your future when large sums of money are involved for damages, or perhaps a settlement in the end. With independent counsel, you can be assured that the attorneys provided by your insurer are monitored by another legal expert and you have more control over your case. In most cases, this is your right unless you have waived the privilege previously.

Attorneys from the Bolender Law Firm have acted as independent counsel in many cases, representing policyholders exclusively. We 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!

 

Unfair Claims Settlement Practices Act

Understanding the Unfair Claims Settlement Practices Act

Insurance is built on a promise, and laws like the Unfair Claims Settlement Practices Act are put in place to make sure they are followed through on. Like most consumers in the US, you probably have one or more policies, and each is a legal contract that promises to pay for coverage in the case of illness or death, an automobile accident, property damage to your home or business, potential harm to your professional life, and more. To say that the business of insurance is a big industry is a gross understatement, and all too often, greed takes over—meaning that companies sometimes practice in bad faith to keep from handing over large sums of money to policyholders who have kept up their end of the bargain.

If you have been injured or if you are suffering from other damages or catastrophe, your finances may be hanging in the balance—and having to wait on an insurance company worth billions of dollars to pay your claim can be an extremely stressful and frustrating experience. Luckily, laws have been enacted in many states, including California, to protect consumers at the mercy of insurance companies who are not fulfilling their obligations as stated in insurance policies. The Unfair Claims Settlement Practices Act allows a range of different protective measures for the consumer, although the laws may be termed differently from state to state.

In California, Fair Claims Settlement Practices Regulations force insurers to stay in line or face penalties. Most of the regulations are geared toward typical bad faith practices, especially with delays. The insurer must have given you an answer within 40 days, whether they are accepting or denying a claim. Comprehensive investigations are required, along with written explanations regarding the claim or any denial of the claim. “Lowball offers’ are prohibited, and claims that are to be paid must be completed within 30 days. These are just some examples of the regulations, but if you suspect bad faith, don’t go it alone. Consult with a skilled attorney from an office like the Bolender Law Firm for assistance in getting your claims paid as soon as possible.

Other examples of bad faith may include verbal abuse or intimidation tactics used in the hopes that you will back down. This could include requiring volumes of documentation from you too, much of which may not even be relevant to the case and could be both difficult and time consuming to track down—again, causing more delays and allowing the insurer to keep earning interest on money which should be going to you over your claim.

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 topics

Intellectual Property Topics: Understanding the Role of the U.S. Patent and Trademark Office

Most businesses today spring from someone’s dream, their inspiration, and the motivation and drive to create products or services that may have not been there before. The reality of founding a new company, however, usually means many hours at the office, enormous sweat equity, and what may seem like countless steps (many of them uphill!) to that launch—and continued success afterward. Once you are up and running, it is vital to either handle or delegate financial matters, ordering, employee hiring and scheduling, and most importantly, continuing to bring in loyal customers.

Your livelihood (and that of everyone who works for you) is centered around the unique products and services that keep people coming in, and because of that they must be guarded. And while either you specifically have created intellectual property relevant to your business, or partners or employees or independent contractors may have done so, your copyrights, trademarks, and patents should not be left open to outside parties who may have every intention of taking them for their own later.

One of the most interesting facts about intellectual property that most are not aware of until they begin considering licenses is that once you create it, the rights are yours. The intellectual property does belong to you, and is protected by common law, but that doesn’t do much for you in a court of law if you must sue another party for stealing a patent or infringing on a trademark. In working with your intellectual property attorney to register your works, you will learn that all patents and trademarks are approved and licensed through the United States Patent and Trademark Office.

The USPTO oversees processes for trademark applications and patent applications. As you move forward to register a trademark or a service mark, it is vital to select one that is registrable and realistically, will be one that can be protected legally. You must be able to establish what your mark format as, along with identifying the products and services connected with it. Trademark fees vary, but once everything is submitted, the review process could take months. Once approved, it is yours for ten years, and can be renewed for ten more years after that. In registering a patent, you must include a summary outlining the details of the patent and how it works, any relevant drawings, and then again, the application and fees. The wait for approval could be up to several years, but once approved it is good for around 20 years from the filing date.

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!

insurance

Why Insurance Policies Seem So Intangible—at First

You may have simple insurance needs, spanning one or two cars that must be covered, and perhaps health and life insurance policies covered for work. Or you may have a long list of insurance policies protecting not only you and your family, but also your home, business, and professional life. You may also be in the habit of purchasing other types of insurance too, such as travel insurance, credit card protection, and more. If you have a lot of money to throw around, buying numerous insurance policies may have little impact on your finances, and serves to protect them—along with giving you peace of mind. For most of us though, paying premiums can be challenging, and there is not that usual element of having a tangible retail item to enjoy.

The true value of insurance may never become apparent if a claim is never filed; in fact, you may look at years of premiums that were paid in, with thousands of dollars put toward what seems like nothing! In such a case, insurance may have seemed like a waste of money, but the alternative is to leave yourself unprotected and open to the possibility of financial ruin.

Your car is a good example of both the tangibility and intangibility of insurance. While you may be a car buff or not—super proud of your ride or just glad to have a commute—when you buy a car you are enjoying an object that you can sit in, admire, use, perform required maintenance on or make improvements on as desired. It does require protection in case of an accident (as do you) though, and if property damage or injuries occur, that is when insurance suddenly becomes very real—with numerous ‘wheels’ going into motion immediately when a claim is filed.

And although your insurance policy may have just been a stack of papers initially, once you receive payment (or a settlement) for a claim and are able to rectify damages, it translates into a return on all the premiums that you paid—and sometimes quite a substantial one. In other cases, there could be challenges in receiving payment for a claim. You may have been working with an injury or car accident attorney already, but if you suspect bad faith practices due to delays or outright denials of claims, it is time to consult with a firm like the Bolender Law Firm, skilled in dealing with bad faith insurance law.

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

mediation

Mediation May Lessen Legal Vulnerability for the Small Business

While litigation may be extremely effective—and required—to resolve a wide range of disputes, many business owners who have never been involved in a legal issue before are surprised to find that alternative dispute resolution is not only available as an option but yields success in most cases where it is used. Mediation may be required by the court for some types of civil cases, such as divorce, but if you are considering using this type of ADR as a business owner, chances are you are doing so voluntarily.

For the small business, mediation can be a serious benefit. A long and drawn-out court case could be enough to bankrupt some companies—and especially if an outrageous settlement is required at the end on their part. If you are having a dispute currently, you probably want it to end as quickly and as quietly as possible, whether the problem is with another business owner or a supplier, or perhaps someone who works for you whether they are full-time or were hired on as an independent contractor. The dispute may be over a financial matter, or other issues such as rights to intellectual property.

Mediation offers a more relaxed and affordable (in comparison to litigation) way to reach a resolution, all of which is positive for the small business owner. The mediator can usually offer flexible scheduling too, which is in stark comparison to litigation where the court docket may be so full that the case is not heard for months, could be continued, and re-scheduling means even further, extensive delays. In mediation, cases are resolved much more swiftly—even in the matter of an afternoon for some.

Preservation of relationships is also key for many newer and smaller businesses, and this is one of the most substantial advantages in mediation. Just the fact that everyone has agreed to alternative dispute resolution is a sign of their willingness to work the problems out. This could be for many reasons, but often may be due to a working or personal relationship you have had for years and do not want to destroy, or because you and the other party have the potential to keep working together in the future even though there has been a serious dispute; in fact, the process may improve your relationship with the other party enormously, as many problem-solving skills taken from mediation help participants far beyond the mediation.

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!

insurance policy

Understanding Basic Terms in Any Insurance Policy

How much do you really know about your insurance policy, from auto to home to life insurance or general liability? When you think about it, the answer may be that you know surprisingly little—and as complicated and as full of technical jargon as your policy may be, your insurance agent’s knowledge may not be as comprehensive as you hoped either.

In many states, different types of insurance are required, from automobile insurance to workman’s compensation. Many others are typically purchased, however, because having such protection in place is smart. But before you begin shopping for any type of coverage, be aware of exactly what any potential policy entails, as well as understanding the basic terms that may be couched in an overwhelming amount of legalese. Educating yourself before making any purchases means you will be better equipped to review your policy with the insurance agent too:

  • Declarations – this is the basic first page, but very important to doublecheck when you receive your policy as it should include everyone who is covered as well as general information about the policy and timeframes encompassed.
  • Coverage – property and damages that will be covered in the event of a claim are explained in detail; liability coverage may be explained here too.
  • Premiums & deductibles – this is one of the most important parts of your policy as it explains how much you are due to pay, when, and the extent of your deductibles.
  • Exclusions & limits – here, you can understand what types of coverage will not be covered in your policy, along with other types of coverage that will be paid in the event of a claim but only to a certain dollar amount.
  • Conditions – what must be met for the claim to be paid; for instance, a damaged home should be secured after catastrophe to protect it as much as possible from further decline, law enforcement should be called if necessary in the case of an accident, and the policyholder must comply with investigations carried about by the adjuster.
  • Endorsements – additional insurance coverage that can be purchased at extra expense outside the basics of the 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!