policy

Know Your Policy: Some Conditions May Lead to Denial of Your Claim

As the holidays come and go, most of us have been busy saving up for a variety of purchases—and then recovering from not only multiple food comas, but also financial hangovers! Along with that comes all the usual expenses, including insurance—one of those bills that tends to remain front and center in our lives. While it is not always required, a variety of different policies are recommended, from auto to life to commercial, and more. And not only is insurance a monthly to quarterly to annually bill, it is often a lifelong bill. That means thousands of dollars paid to an insurer, so make sure it is going to a worth cause in the end, if needed, and that would be you!

You may be paying for one or more insurance policies, but do you really know the details? Insurance can be tricky, from choosing the best insurance agent to understanding a variety of different policyholder issues. Most important though is understanding what you are covered for, and whether you are lacking in protection; after all, a catastrophic loss could affect your finances enormously if you do not have enough insurance. The hope is that you will never need to file a claim, but if you do, it is vital to know what financial resources will be available to you through your insurance policy.

The auto policy is always a good example, as most of us own one but still may not quite understand it fully, along with what could cause the insurer to deny your claim—and solidly so. California requires you to carry liability insurance only, but many other options are available such as comprehensive and collision, which may also be required before you can drive a new or used car off the dealer lot. You should understand what you are or what you want to be covered for in terms of medical payments, personal injury protection, uninsured motorists, and more.

More importantly though—and this goes for all your insurance—understand what you can do to make sure you don’t make it easier for the insurer to deny or delay your claim. Again, using car insurance as an example, understand what your policy covers and might be denied due to your actions or negligence—or simple lack of payment and cancellation of policy that could have already occurred.

If you have been injured, get medical treatment immediately. Any delays in going to the hospital or doctor’s office may raise serious questions. Make sure all your concerns are documented, and keep in mind that your medical records may be requested. Be aware that if the accident was your fault due to an issue such as reckless driving or driving under the influence, the claim could be denied. Distracted driving is also one of the top reasons for traffic fatalities and injuries, and it is proved that you were not paying attention to driving but fiddling with an electronic device instead, again there is the possibility for denial.

For other insurance policies, know what is expected of you when there is damage or other reason for a claim. If the insurer is not responding, know the signs of impending bad faith practices such as lack of investigation, unreasonable delays, low-ball offers, or a denial that seems unreasonable.

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!

 

neutrality

Neutrality in Mediation: How Does That Really Work?

Mediation is one of the most popular forms of alternative dispute resolution today, yielding great success rates over classic litigation. Many parties—especially business owners—who would have ended up in the courtroom otherwise are relieved to find that they can resolve their differences in a more affordable and casual atmosphere, sometimes even able to meet with the mediator during weeknights or on weekends to work around busy schedules.

The success of mediation centers around the willingness of the disputing parties to compromise and reach an agreement, but the mediator plays a starring role in helping the process move along, from meeting with everyone beforehand to understand their issues, helping to prod the discussion along when there may be a stalemate, as well as drafting all the necessary documents for the court in the end. This is not a venue, however, where the mediator performs any of the decision-making.

Styles may vary when it comes to mediators, but neutrality is key. As the third party in the room, the mediator also has a responsibility to create an air of safety for opinionated discourse about the topic that has landed the individuals present in dispute. It is also vital that the primary individuals involved in the dispute (and authorized to sign off on the agreement) are present and engaged in the mediation, with the understanding that the mediator does not have a stake in either side. For them to take a side would severely disrupt the mediation, along with the credibility of the mediator—and the process itself.

Relying on the neutral mediator to keep the process flowing smoothly means that much of the adversarial quality is removed from the case, as well as the constant focus on blame. Instead, both parties face each other instead of a constant focus on ‘telling it to the judge.’ While some cases may be better resolved through litigation, those who agree to or seek out mediation often do so because they are interested in protecting a long-term relationship, which may not only be an investment in friendship and partnership, but also financial as well. You may be involved in a mediation which involves a vendor or a contractor who you may hope to continue working with later despite current conflict.

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!

Registering with the USPTO: What if Someone Already Has the Same Trademark as Mine?

Intellectual property can be exciting to create—and especially when you realize you are onto something truly innovative that will be in demand from the public. Along with everything your business owns over time, you may realize that it is one of your greatest assets, and one that must be protected with great care.

Trademarks Are a Very Common Form of Intellectual Property

While copyrights protect artistic expressions and patents grant rights to inventors, the trademark is one of the most ubiquitous forms of intellectual property—so much so that you may not even realize you are recognizing a company unconsciously in the blink of an eye, due to a basic symbol on a website or street sign. And if you think of trademarks for some of the most famous companies in the world, you may be amazed at the simplicity of their logos or crests. Unfortunately, legal issues can arise when it comes to intellectual property, and although it does become yours (or that of your business) as soon as you bring it into inception, registering it gives you much greater protection if someone infringes on what you believe to be yours.

Be Aware of Other Trademarks Like Yours

Before you register your trademark or service mark with the United States Patent and Trademark Office, consult with an intellectual property attorney from a firm like the Bolender Law Firm to research whether or not there is already something identical or similar in place that could lead to legal headaches later. Although your attorney will be able to advise you further on registration issues, most likely if there is another trademark or service mark that resembles yours and is owned by another company offering the same types of products and services, it will be rejected by the USPTO. State-to-state searches may be recommended as well.

While the registration process may take anywhere from three months to a year or more, you could be protecting one of the most important facets of your brand—a valuable commodity in the modern business world. Work with your attorney to make sure you are setting yourself up for success with a strong mark and an understanding of what you need to do to continue to protect your trademark throughout the years.

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!

domain name

Protecting Your Domain Name

Building a business today consists of numerous new factors, in comparison to times past. There is very little focus on getting those business cards printed and letterhead made—after all, it’s a paperless world, and most of us spend time communicating about commerce online rather than in person these days. The major priorities are still the same. Do you have enough capital, and will it last long enough to keep you going through the lean startup years? Are your products or services innovative enough? What about partnerships, establishing a team of employees, and contacting vendors?

Bringing customers in the door is key as always, but your domain name can be the portal to millions online—even around the world. It may or may not be accompanied by a trademark but is in many cases even more vital to your success. While other intellectual property is maintained through application, registration, and licensing through government entities like the United States Patent and Trademark Office or the U.S. Copyright Office, your domain should be registered and protected through a reputable registrar. There, you are able not only to purchase your domain name (something like example.com) but also a select a variety of different intervals for renewing, or auto-renewals—with this being central to the protection of your address. If you forget or neglect to renew (a more common problem for those with multiple domains to manage), this is where you could become vulnerable, as someone else could intercept or purchase what could be a very popular domain name choice address for their own.

Having a strong password is vital, as well as a domain transfer lock so that it can be switched to anyone else without your permission. You may also be able to register your domain through the USPTO if it clearly identifies the products and services that your company offers to the public. Aside from that, you may also have your trademark (denoting products, usually with a symbol or design meant to gain familiarity with the public) or service mark (often this is a slogan describing what you do) listed on your website, and it should be duly protected no matter what. Even though intellectual property technically does belong to you as soon as you create it, registration through the proper office means that you have much greater legal recourse in the case of infringement.

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!

legal independent counsel

Legal Independent Counsel: It May Be Necessary to Winning Your Case

As adults with busy lives and a list of responsibilities that usually just continues to grow, most of us learn to enjoy the status quo, never expecting to have to worry about something like a lawsuit or further complications like legal independent counsel. Knowing what to expect on waking up in the morning and enjoying the simplicity of working, establishing careers, and taking care of our families can be extremely satisfying from day to day. And while some surprises can be good, others can turn our lives upside down. Insurance companies bank on this type of consumer worry—and unfortunately, it can be a reality too sometimes.

Insurance Is Meant to Protect the Policyholder

Whether you have an insurance policy for your home, car, business, professional liability, or more, it was purchased to protect yourself, your family, and perhaps your livelihood too, from financial risk; in fact, one major catastrophe could have the terrifying potential to wipe out your finances and send you into bankruptcy, whether you suffer from a serious illness or were injured in a car accident, or find yourself liable for a customer slipping and falling at your business. And taking such events one step further, finding yourself involved in a lawsuit can be even more expensive and stressful.

The Insurer’s Attorneys May Not Offer You the Best Representation

Your insurance company may be obligated to defend you in a lawsuit, but in many cases, there may be a conflict of interest with their attorneys. If you don’t think you are being represented properly by your insurer’s legal team, consider consulting with a firm like the Bolender Law Firm for independent counsel resources. Because your future is at stake, it is important to retain as much control as possible over your case, and your insurance company is not only obligated to supply you with a defense, but also one that is conflict-free. Independent counsel means having additional legal assistance that will observe the actions and performance of the insurance company’s attorneys, as well as acting in your stead.

You should have the ultimate in protection for your future, as well as legal resources if you are sued. Hiring independent counsel may be a necessity also if you are a victim of bad faith practices, as well as being forced to deal with an unreasonable verdict in court.

Contact Us for Help Now

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 independent counsel, 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 claim payments

Delays in Insurance Claim Payments: Know What is Unreasonable

Insurance is meant for those unpredictable situations, whether you’ve had a tree fall on your home after a bad storm, a serious car accident or motorcycle crash resulting in injuries, a client slipping and falling on your business premises, or more–all to be covered by insurance claim payments. These types of issues can be catastrophic alone, but without insurance coverage, they could also be cause financial ruin.

Just because you have insurance doesn’t mean you couldn’t run into serious trouble though, unfortunately. It is vital to understand your insurance policy and make sure that payments are up to date. Having a misunderstanding later or finding that your claim has been denied to a previous cancellation could be difficult to swallow—but what is even worse is an insurer that is not paying out due to bad faith practices. It doesn’t take long to get it if you are being jerked around by the insurance company. No matter what type of claim you have filed, if there is not a pending investigation, red flags should start springing up in your mind.

If you were in an accident where there were injuries, for example, you should expect an adjuster to be jumping on that case quickly; in fact, sometimes it may seem you have barely pulled back into the driveway from the emergency room before they are calling! Silence may indicate an issue that should be dealt with immediately by your injury attorney, who may need to refer you to a skilled bad faith insurance firm like the Bolender Law Firm. Another common red flag is an excessive need for documentation. While there are typical forms of paperwork and records commonly requested, if you find the insurer asking for documents that seem irrelevant, they may be trying to put the pressure on you to back down and take a low-ball settlement, or nothing at all.

The insurer should also, in good faith, examine all evidence you have submitted, as well as taking time to interview any witnesses who may have been on the scene. On the flip side, if they are intimidating witnesses to discourage them from participating in giving information, this is another example of bad faith that must be addressed. Policyholders should not be forced to jump through unnecessary hoops either, with delays caused by unreasonable suspicion or allegations of fraud.

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!

Intellectual Property: Why Trademark Clearance Searches Are in Your Best Interest

Intellectual property could prove to be one of your most valuable assets many years from now. If your company is new, establishing a solid brand may be on your list of goals, but it probably seems like something you won’t need to worry about protecting for a while; after all, building a business is usually centered around building capital and a clientele.

Research Before Attempting to Register

Marketing is key, however, and that logo or symbol that you created to denote familiarity with your company may be with you for the long run. It could be something extremely simple too, keeping in mind designs like the swish or the arches that draw customers back year after year to spend billions! You may need a trademark for an extremely professional branding mechanism like a logo or even a crest, word, or phrase that allows the public to understand what you are selling. Along with this come service marks too, different because they designate services offered by your company, rather than the products.

Although intellectual property belongs to you as soon as you create it, consult with your intellectual property attorney about protecting it the right way, registering with the United States Patent and Trademark Office. Before doing so, however, it is important to have your attorney run a search on the current trademarks (and service marks) already in existence. Knowing what is already out there will let you know what you might be up against should there be any sort of infringement issue. Having something that is similar or identical could cause legal problems for you, and conversely, once your trademark is registered, it makes it difficult for someone else to infringe on your tools for branding your business.

Understand What Type of Protection You Need

Once you do have a registered trademark through the USPTO, it is usually good forever, but you must continue to use it and pay for continued registration as required for ten-year terms. Other types of intellectual property such as copyrights and patents can be applied for too, for relatively long periods of time, allowing you to protect your company further. Speak to your attorney about what licenses or registration are best for your intellectual property—you may be surprised at what you find out!

Contact Us Now 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!

homeowners insurance

Homeowners Insurance Policy: What You May Not Be Aware of Until It’s Too Late

While there are many different forms of insurance most of us must explore in our lifetimes, homeowner’s is one of the most important. Whether you are a consumer who plans to purchase one home and live there forever—or the type who enjoys buying and selling or remodeling and flipping—the investment is substantial. Loss of a home, or even moderate property damage, could cause serious stress not only to your living arrangements, but also your finances; in fact, without the correct coverage, you could find yourself unable to rebuild in the case of a fire or other catastrophe.

All insurance you own is important, and reading the fine print is vital in each case. With homeowner’s insurance though, failing to understand your coverage could leave you unprotected, quite literally. Depending on your policy, issues such as fire, windstorms, or even damage from something like a volcano may or may not be covered. When you are purchasing your policy, speak to your insurance agent about your needs, and especially depending on your geographical area (is it prone to earthquakes or landslides?).

In most cases for homeowner’s insurance, an extensive discussion of what is excluded is necessary too; for instance, consider flood insurance. It is usually not available under your typical homeowner’s insurance, but rather through separate government programs. Flood damage could indeed be catastrophic to your home, so if you are in an area that is vulnerable, speak to your agent about how to get coverage. It may also be required by your lender.

The homeowner’s policy is essentially a strict legal contract that you should understand initially, as well as reviewing and updating each year. Be clear on options like whether you are insuring for replacement value or cash value when it comes to property damage, as well as how the structure and surrounding area should be maintained after a problem has occurred. You could be held responsible or a claim could be delayed or denied if the home was not properly cared for after being made vulnerable from a fire or storm, or vandalism, or more.

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!

Automobile Insurance Policy: Five Things You Should Know

While driving is one of those typical, daily activities that many of us almost perform on autopilot (along with owning an automobile insurance policy), there can be a lot of details involved behind the scenes in getting to that point—unless you are a fan of public transportation, or one of the individuals in the growing population of those dependent on private transportation services becoming so popular today. Once driving privileges have been established, however—and some millennials today are holding off because there are so many other options—there are substantial details to attend to such as finding a suitable vehicle, attaining the capital to buy one or finding financing, and procuring car insurance.

If you are buying a car, but did not have much time to think ahead, you may find yourself in a hurry to get insured before driving off the lot. Or perhaps you have been price-hunting and are thinking about switching insurers. Car insurance may be easy to get, but there are numerous features you should consider before taking on a new policy and submitting payment:

  1. How to shop wisely, being aware that insurers and their rates, customer service, and methods and timeliness for claims payouts can vary widely. Be sure you are going with a reputable company that has a track record of treating their policyholders in good faith rather than issues with delays, lack of comprehensive investigation techniques regarding claims, or denying cases unreasonably. While you may just be in a hurry to get your insurance and carry on with your day, that policy could be the center of your focus in the future if there is an accident or damage to your property.
  2. What is required in terms of liability insurance, and how far beyond that you should go. In California, drivers must have the following: $15,000 for injury/death to one person, $30,000 for injury/death to more than one person, $5,000 for damage to property. Choosing minimum requirements may be easy enough to do, and pay for, but consider the amount of assets you need to protect and have a comprehensive conversation about how much liability you really need in the case of catastrophe or legal vulnerability.
  3. The need for comprehensive and collision insurance. Discuss the worth of your vehicle with the insurer, as well as understanding what a potential lender will require of you.
  4. Medical payment benefits (Med Pay) and personal injury protection (PIP), neither of which are required in California. This coverage is usually recommended whether you have health insurance or not, as medical bills in the case of car accident injuries can be exorbitant.
  5. Uninsured motorist coverage. Again, while this is not required by California, it pays out if you or a passenger are injured in a car accident due to negligence by another party who does not currently have insurance. Uninsured motorist property damage coverage is an option too.

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!

poor man's copyright

Poor Man’s Copyright: How Does It Work?

If you are a new business owner, protecting intellectual property whether through registering it or using the poor man’s copyright may not be at the top of your list; in fact, you may wonder if you even have anything to worry about yet. Priorities in a budding company usually revolve around raising and maintaining enough capital, building a strong team, and bringing in the customers. There is a lot more to consider for the long term though, and branding is an enormous part of that, with a logo or symbol or perhaps a slogan to put out there as you work to build familiarity within your market. Copyrights though usually apply to items that you have created in an even more artistic fashion, whether your firm publishes literature, produces architectural works, designs graphics, makes software, or more.

If you have already made something you would like covered by a copyright, it may be surprising to find out that as soon as you brought it into existence, it became your intellectual property. This type of common law protection or ‘poor man’s copyright,’ means that you do have a leg to stand on legally if someone else tries to steal your work, however, it may be difficult to fight infringement without a true copyright if your nemesis is aggressive and has plentiful resources. Some believe that the best way to establish a poor man’s copyright is to establish a date by mailing a copy to yourself and leaving it in an unsealed package, or to have it notarized, or other methods that show when you created an original work. That is unnecessary, though, as the copyright is yours as soon as you have written that cookbook or built an architectural structure or other artistic work.

Protecting intellectual property, whether it belongs to you as an individual or a business, is worth it. In most cases, many hours or months—or sometimes years—went into building an artistic work that could become vulnerable if others tried to use it without your permission. Consulting with a skilled intellectual property attorney means that you can do a search to make sure no one else has anything similar already registered, along with giving you protection that lasts for your lifetime, plus 70 years in most cases. This type of public record, established through the U.S. Copyright Office, should give you ample legal recourse if a question arises or if someone begins using the copyright without an agreement.

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!