Category: Bad faith insurance lawyers

claims made policies

Claims Made Policies and Occurrence Policies: The Differences

If you own an insurance policy (or two or three…), chances are it is either an occurrence or claims made policy. And as a business owner or a professional, when you begin working with an insurance agent to explore different policies, it is extremely important to know the differences and understand which will work best for you in terms of liability protection so that your livelihood is protected.

Protect Yourself as a Business Owner or Professional

Being in business for yourself offers so many rewards. You have the freedom to follow your dreams, control to develop your own products and services and innovations, create the schedule you want for yourself (and your team too), and perhaps even make a significant impact within your own industry. Along with that, you may have daily contact with the public and a growing client base. While that can be incredibly rewarding—and especially if you feel like you are making a difference in their lives—there may also be instances where you need protection; for example, if someone is injured on your property and you do not have the proper liability insurance in place, you could be completely drained financially trying to pay for the damages yourself.

Occurrence Policies

With an occurrence policy in place, coverage is provided as long as the incident happened while your policy was in force—and even if it is reported later (yet still establishing a date within the policy coverage period), you should still be covered. That applies even if once the incident that occurred during the policy period has later been canceled when the claim is made. To be clear, let’s say you had a policy in force from 2015-2016. Obviously, it has since been canceled, but a claim was just brought forth regarding a liability issue from 2016. The occurrence policy should cover it—and most general liability is written this way.

The Claims-Made Policy

The claims-made policy introduces some other nuances, however. You must have been continually insured when a claim was brought forth, and although the incident may have occurred outside of the coverage period, it is covered if the claim is brought forth while your policy is in effect. It is also possible to buy further insurance referred to as a ‘tail.’ This offers extended coverage is a claim is reported after the claims-made policy has been terminated. While this type of coverage is helpful for many professionals, and often for doctors, it is not available to everyone. Dealing with claims could be complex later too.

Contact Us for Help Now

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!

insurance topics

Insurance Topics: Defining Bad Faith

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!

life insurance claim

Five Reasons Your Life Insurance Claim May Be Denied

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:

  1. 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.
  2. 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.
  3. Premiums were not paid. Keeping up with insurance payments can be challenging, but your policy could lapse even if you miss one premium.
  4. 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.
  5. 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.

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!

adjusters

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

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!