Category: Insurance lawyers

damages

Understanding Legal Damages: The Different Types

A legal dispute can erupt for a multitude of reasons in a commercial atmosphere, along with the need for understanding legal damages, whether you might own a construction company, restaurant, retail store, or offer a variety of different services to customers in your area. Even the smallest business may be dealing with a variety of different players in each day, to include:

  • Business partners
  • Employees and independent contractors
  • Customers
  • Vendors
  • Landlords
  • Banks or other financial institutions

While some of these issues may be easily solved in a less formal venue than the courtroom, such as arbitration or mediation, speak to your business litigation attorney about what types of damages you are due, and which route is best for you. While litigation may be the best route for resolution, despite taking longer and being less affordable overall, arbitration or mediation can be very successful. Arbitration is somewhat like the courtroom setting, but decisions are usually reached by the arbitrator much more quickly and while testimony and evidence are allowed, it is much more limited. In mediation, a settlement agreement is reached in a much more casual environment; in fact, some mediators may even agree to meet on weeknights or weekends to cater to busy parties. The mediator acts neutrally, helping the motivated parties to look at different ways of understanding the conflict and resolving it.

No matter how you settle or how justice is served, you should be compensated for what you are owed after negligence or misdeeds on the part of another individual or entity. There may also be concerns about preserving long-terms relationships whether that is for personal reasons or protection of the future bottom line.

Damages from the defendant may be compensatory, paying you back directly for a financial loss—or they may be incidental, due to an indirect loss for you in terms of money. There may also be cases where a breach occurred in a business relationship and damages were considered liquidated but had already been considered and outlined in a contract. Punitive damages are awarded when the other party has done something so offensive or negligent that they are being fined with what could be severe financial punishment—with the outcome also serving to warn others about the consequences of their actions.

claims payment

Five Valid Reasons for Your Insurer to Delay Claims Payment

While some insurance and receiving claims payment can be extremely straightforward, purchasing other policies can be tricky; for instance, if you are buying a used car and just want liability insurance with standard limits, you may just be able to call an insurer and set everything up over the phone in less than 30 minutes. All your paperwork arrives over email shortly after or you may receive a hard copy in the mail later, ready to be tucked away in a drawer or file cabinet. Other policies require a lot of shopping, thought, and discussion with your agent, such as health insurance, homeowner’s insurance, commercial insurance, and more. The more assets you must protect—the more complex the policy will probably be.

No matter what type of insurance you buy though, and no matter how complicated it may be to get, one thing is certain: if you pay your premiums on time, you expect the insurer to pay out as promised if there is a problem. When that doesn’t happen, many policyholders become extremely frustrated—and understandably so. And if there are red flags such as lack of investigation, major delays, low-ball offers, and more, you may be ready to consult with a bad faith insurance attorney from a law office like the Bolender Law Firm. And although the insurer may be at fault for not handling your claim properly, there could be other explanations.

Here are five valid reasons they may delay:

  1. Unfortunately, there could be a problem from your end such as late payments or unpaid premiums which caused the policy to cancel or caused complication. This could lead to a denial, ultimately.
  2. They are waiting for evidence or more information in an investigation. They may also need to interview you and go over details regarding a claim.
  3. The company may not be dishonest, but just disorganized. While they may not have any plans to act in bad faith, their office may not be as fast as expected in terms of gathering all the facts.
  4. They may be struggling to pay out one claim after another as quickly as expected if there has been damage due to a natural disaster. This could go either way in terms of a claim just being paid out more slowly than you would like or turning into a bad faith lawsuit with the help of a skilled attorney.
  5. They may be taking time to eliminate fraud as a cause in the case. While most likely you have nothing to worry about, some claims may take longer to assess—like a fire—and if there is any doubt, adjusters may have a lengthier investigation.

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!

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!

 

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!

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!

bad faith practices

Bad Faith Practices: Are Witnesses Being Intimidated?

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

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

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

Witnesses Should Be Respected as An Integral Part of the Case

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

In Bad Faith, the Insurer May Bully Defendants or Witnesses

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

Contact Us for Help

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

lowball offers

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

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

Watch Out for Red Flags

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

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

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

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

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

Call Us for Help

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

endorsements

Endorsements and Riders: Know When You Need Them

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

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

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

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

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