Insurance Topics: Defining Bad Faith

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

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

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

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

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

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

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

Property Damage Appraisers: Should I Trust Them?

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

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

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

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

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!

Five Reasons Your Life Insurance Claim May Be Denied

Posted by rainmakereditor on August 13, 2018 with 0 Comment

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

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

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

Extended Reporting Period Could Be Your Saving Grace

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

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

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

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

Website Claims: Is Your Business Vulnerable?

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

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

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

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

Even Online Businesses May Be Affected by Discrimination Lawsuits

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

ADA Website Issues Are Often Filed as Title III Claims

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

Contact Us for Help

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

Before Filing Insurance Claims: Read Your Policy

Posted by Jeffrey Bolender on August 8, 2018 with 0 Comment

For the average consumer, dealing with insurance or filing insurance claims is usually a double-edged sword. You want the peace of mind in knowing that if you are in a car wreck or your home is flooded, for example, that you are covered in every necessary way possible to pay for medical treatment and damage. Getting to that point requires some work though, beginning with shopping insurance companies and finding an agent you can trust. And although your insurance agent may guide you toward a suitable product, it is also up to you to understand the fine details of what you are purchasing. This can be challenging though sometimes—and if you run into a problem later, consult with a skilled insurance attorney from the Bolender Law Firm to gain a better understanding of what went wrong, and what the insurance company really promised you within the policy.

If you need to file a claim, it probably pertains to one of these types of insurance:

Auto insurance
Homeowners insurance
General liability
Commercial property insurance
Life insurance
Accidental death insurance
Professional liability insurance
Specialized insurance products

The Bolender Law Firm helps clients who expected coverage through all those types of policies but may have encountered a lack of investigation in the case, a lowball offer for a settlement, delay in payment of the claim—or an outright denial. No matter what type of policy you have, make sure you have a copy and that you are able to understand the major sections, from the declaration page identifying the insured, coverages, limits, and how long it is in force—to the insuring agreement, which lists exactly what the insurance company promises to do for you in the case of a claim, from paying out to offering suitable legal defense should that be necessary. The policy may also list exclusions, stating what is not covered, along with endorsements and riders that act as modifications or amendments to the original policy (and which by law, should be sent to you upon any changes).

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!

Beware of Adjusters Who Want to Speak to You Instead of Your Attorney

Posted by Jeffrey Bolender on August 7, 2018 with 0 Comment

If you have had an accident or have filed a claim due to the negligence of another party, you may find yourself in the middle of an extremely frustrating experience trying to deal with insurance companies on your own. Automobile accidents are a perfect example, and especially because serious trauma could be involved—from brain injuries to spinal injuries, broken bones, and so much more. This may also have a deep financial impact if you are too injured to work, whether temporarily or permanently. Add having to communicate with insurance adjusters to the mix—while you are trying to heal—and you may find yourself feeling overwhelmed, helpless, and intimidated.

The key is to not speak with the insurance adjusters but refer them to your attorney immediately. And if you suspect that the insurance company is trying to deny your claim on bad faith, consult with an experienced bad faith litigation firm like the Bolender Law Firm as soon as possible. It may be difficult to remember at times that the insurance companies are not on your side, no matter how friendly the insurance adjusters may seem. They are usually very skilled at their jobs, and they are trained to get as much information from you as they can to come up with a settlement offer that is as low as possible.

If you have been injured, for example, adjusters may ask for details about your injuries, and request access to medical records from the hospital or doctor’s office. Along with their mini-interrogations, they may also want to record your conversations. It is in your best interest not to agree to any of those requests, along with continuing to refer them to your attorney. This can be difficult if they are offering you what might seem to be a tempting settlement, but in most cases your attorney will be able to get much more for you in damages, as you deserve—rather than accepting a lowball offer.

On the other hand, rather than offering you anything, you may find that the insurance company has not investigated the case properly or is delaying the claim or denying it outright. 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.

At, 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!

Copyrights, Trademarks, Patents: Understand the Differences & What You Need

Posted by Jeffrey Bolender on August 6, 2018 with 0 Comment

As a company owner, you may have accrued numerous assets after years in business. You may own real estate—to include your business site—company vehicles, a large amount of office property and inventory, and other investments that relate to your industry. What about intellectual property though? You, your business partners, and independent contractors working for you either temporarily or long-term may be busy creating items that are truly some of your most valuable assets, and they must be protected.

As you begin producing different types of work, innovations, and perhaps even major inventions, you may be confused about what security measures you need to take, and how to do so; however, with the expert legal assistance of a firm like Bolender Law Firm, you will have a better understanding of your options regarding materials, negotiating licenses, preparing applications for registration, and more.

The terms copyright and trademark are sometimes used interchangeably, but they actually denote very different types of intellectual property law, along with patents. We’ve included brief information regarding each, so you can think about what may apply to your needs, and what type of protection your intellectual property requires:

Copyrights – whether you are applying for your own or asking permission to use a copyright assigned to another entity, this grants exclusive rights to the creator of an expression of art, whether that may be a book or a screenplay, software, music, or more. Copyrights are covered for a period of 95 years if they were published after 1922, but before 1987. If they were developed but not actually published before 1978, the work is covered for the lifetime of the creator, and an additional 70 years after that.
Trademarks – this type of intellectual property protection becomes critical when you are creating a brand. By registering a trademark (such as a logo), you allow your company and its products to be distinguished from that of the competition; likewise, the service mark denotes the services you offer.
Patents – this license is reserved to grant exclusive rights for inventions—usually for about 20 years from the time of application. During that timeframe, others may not manufacture the invention for their own purposes, use it, or sell it.

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 Owners: Have You Updated Your Insurance Policies Lately?

Posted by Jeffrey Bolender on August 3, 2018 with 0 Comment

Owning a business is full of rewards and challenges—all of which you may experience daily. While in the conceptual stages, thoughts of running your own business may have entailed a much different type of luxurious, fantasy scenario, once you get down to the brass tacks of owning a company, it is easy to become mired in a long list of constant tasks, from employee scheduling to inventory and ordering, dealing with vendors, other businesses—and of course, the ever-necessary customers. Along with all of that comes a huge emphasis on managing finances and taking care of issues like insurance.

For the average small business there can be a variety of different policies required, and it is critical to be sufficiently covered—as well as to understand what types of coverages you have so there isn’t a misunderstanding later or a denial that could have been prevented; however, if you think the insurance company is denying you in bad faith, consult with an experienced insurance law firm like the Bolender Law Firm as soon as possible.

In the meantime, all insurance policies should be reviewed and updated if necessary at least once a year. Here are some typical policies a small business may need to consider:

General liability – this type of business insurance is critical in protecting you, as well as your employees—providing bodily injury and property damage coverage in the case of any claims that may arise. This type of insurance should cover expenses incurred due to such a claim, from any required investigations on the part of the insurance company to medical expenses, legal fees or settlements, and more.
Professional liability – meant to protect you and your business in the case of a claim brought against you when a client alleges there was negligence, this insurance could be critical to saving your company should an issue arise in the future. Professional liability policies can vary greatly too, so make sure to review and update yours yearly to make sure you have the proper coverage.
Workers compensation – as a business owner, this is one type of insurance you will probably always have to deal with as it protects your employees if they are injured on the job, insuring them for medical payments and lost income when they cannot work—either temporarily or permanently, depending on the severity of the case. Understand your policy, and work with your insurance agent to make sure you are properly covered according to the state law.
Property insurance – even if you don’t own the building where your business is located, you may have plenty of contents that need insuring. Stay up to date on your policy every year by reviewing what you may have added (or gotten ridden of) at your office that needs to be insured.

Auto Accident Claims: The Most Common Reasons They Are Denied

Posted by Jeffrey Bolender on August 2, 2018 with 0 Comment

Traffic incidents continue to rise today, despite added attention to new safety devices from car manufacturers and a plethora of public safety information being disseminated around the US. More people are on the roads—and far too many of them are distracted while driving, leading to the number one cause for auto accidents. But whether you end up in a fender bender due to someone texting behind the wheel, or a serious accident after a collision with a drunk or reckless driver, dealing with the insurance company can be more than a headache. It may be a total nightmare—and one that could drag out for a long time without the help of a skilled insurance attorney.

If you sustained injuries in an accident, having to fight with the insurance company can be even more stressful as you are trying to heal. You may also be unable to work, worried about finances, and very concerned about how to get your car repaired (and perhaps medical bills too).

Claims are usually denied by the insurance company for a handful of common reasons, to include:

No report was made – this is why you should always file a police report, unless you were involved in a fender bender so miniscule that it would obviously be a complete waste of time to notify anyone. If there is the slightest bit of damage or injury to anyone, the police should be called—along with an ambulance if necessary. If you were hit due to the negligence of another driver, getting information such as the other party’s name, number, work address, work phone, and insurance data is critical, along with the police report. Were there witnesses? If so, ask for their contact information immediately too as that is likely the only time you will see them, and they could be critical to your case as well.
You did not report injuries or go to the hospital right away – if you suspect any injury at all, let those at the scene of the accident know, and get treated as soon as possible. Without any initial reports regarding injury, insurance companies are likely to pounce on the lack of evidence and deny the claim.
The insurance company considers you at fault for the accident. This could be due to suspicion of drunk driving, speeding, or other reckless behavior.
You did not pay your premium on time (even for one month) or the policy had been canceled.
There was a misunderstanding regarding coverage, or the car insurance policy was not actually in force at the time of the automobile wreck.

If you have been injured in a car accident due to the negligence of another driver and suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!