Category: Insurance lawyers

Examining Bad Faith & Common Tactics

Posted by rainmakereditor on December 14, 2018 with 0 Comment

While it’s obvious that the insurance industry revolves around money (and big, big money at that), it also revolves around contracts, promises, that can lead to enormous conflict when broken. And there are many different types of insurance that are vital to our financial survival. While insurance companies may think little of delaying investigations, offering payment on a claim or denying one altogether, their actions can have devastating consequences to you as the policyholder—as well as your family, business, and professional life.

You may be in the dark at first regarding bad faith practices; after all, you probably have little reason to expect any problems, and you may not have ever filed an insurance claim before, much less had to worry about suing an insurer for dubious denial or delay of claims. After a lifetime of no problems with insurance, it may be extremely difficult to swallow the fact that they want to hold out on paying for a homeowner’s claim, or one for car insurance, life insurance, or more.

Your first inkling that there is something strange going on is that well, nothing may be going on. Most insurers are quick to get an adjuster on the job, with them calling to ask about injuries, damages, and more. There may also be delays, occurring without any good reason. Beyond that, an insurer acting in bad faith may begin putting the responsibility on you to provide voluminous amounts of information—much of which may seem difficult to connect to the claim you have filed. In many cases, this is a form of intimidation meant to wear you down in hopes that you will give up and they will not have to pay out a large sum of money.

Other intimidation tactics may include verbal abuse or humiliation on the phone or during interviews, suggestions that you should take the settlement offered or you will get nothing, as well as accusations regarding fraud or other allegations. You may also find yourself being offered a settlement, but it may be unreasonably low. Because insurance companies are in many cases quite wealthy—and powerful within their own realm—they are used to being able to push around consumers who may be in dire straits financially after an accident or a catastrophe. When filing a serious claim, do not try to go it alone against the insurance company!

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 Protection: Five Policies You Need

Posted by rainmakereditor on December 13, 2018 with 0 Comment

Some forms of insurance protection are not only recommended, they are vital to protecting your finances over a lifetime. Car insurance and homeowner’s insurance are a prerequisite to buying a vehicle or a home, and with good reason. Just one terrible accident that affects you and your passengers or that of another vehicle could be catastrophic to your future as well as making medical bills exceptionally difficult to pay. Without proper homeowner’s coverage, a fire or other disaster could not only wreak havoc on your property but make it impossible to rebuild later, potentially rendering you and your family homeless. Following are examples and basic information regarding the five types of insurance most individuals in the US may need:

Car insurance – as one of the most common types, car insurance provides you with liability coverage in the case of an accident, medical payment coverage, along with other options such as comprehensive and collision, personal injury protection, uninsured motorist protection, and more.
Homeowner’s insurance – obviously, the main concern in purchasing homeowner’s insurance is having protection against damage to the structure, whether that happens due to a fire or major weather event. Your policy should also protect you in the case that someone else has an accident on the premises. There are many things that can be excluded, however, and you should be aware if your policy does not cover disasters like earthquakes or floods. These types of events are usually covered as an add-on or by another policy altogether.
Business insurance – although there are numerous types of different insurance that are highly recommended, general liability is vital to protecting your business in the case that a customer or someone on your property were to become injured or accuse you of negligence that caused them harm. Property insurance protects your facility and equipment, and a commercial auto policy will cover vehicles for your business. Other types of insurance such as workers’ compensation may be required, covering employees if they hurt while on the job.
Health/life insurance – although health insurance can be very expensive in some cases, and almost cost-prohibitive, it does ward off catastrophic medical bills that add up very quickly. Life insurance can be thought of an asset to hand down to your family later, as well as a way to plan for financing of funeral expenses.
Disability insurance – this type of insurance can be vital to your financial survival in the case of a debilitating accident, leaving you without the means to earn a living.

As a consumer, you are probably aware of how important it is to pay your premiums on time so that you are covered if an unexpected event arises from a problem with your health to damage to your home. That’s why it can also be so frustrating when an insurer acts in bad faith.

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!

When the Insurer Ignores Solid Claim Evidence

Posted by rainmakereditor on December 12, 2018 with 0 Comment

When you purchased your insurance initially—whether it was for your home, car, business, or health/life/disability needs—the process was most likely very thorough, and especially when it came to your background and credentials. Insurance companies are usually known for being extremely organized as well as quite adept at producing policies full of legalese that many of us have a hard time deciphering. There was probably little gray area regarding when you were expected to pay premiums, how much exactly, and what would happen if you were late or failed to make a payment.

On the flip side, you may be experiencing frustration after filing a claim, especially if there seem to be unreasonable delays. Suddenly, all the understanding, organizational skills, and communication may have gone out the window. This can be extremely unsettling when you are working with an insurer, no matter the size of the company—especially if you are in dire straits after an accident or dealing with property damage. You may have lost money due to not being able to work or loss of profits to your business if there was damage or a liability suit, and the clock is ticking louder with every hour that passes and the insurance company does not call back.

Usually the insurer adjuster is quick to call and begin collecting the facts on any case, and even more so when they hope to settle the case with as little time, effort, and expense as possible. The investigation is vital to any claim though, and usually they begin by attempting to interview you; although it is understandable that the adjuster would want to speak with you, this may be one of the most important steps you take in referring them to your attorney—especially if you are dealing with a case like a car accident where you have been injured. From there, the adjuster should be dealing with the scene of the claim. In many instances, they will go to the site and take pictures, as well as speak with witnesses who were on the scene.

If important evidence is being overlooked, then the insurer may be acting in bad faith regarding your claim. Other signs that you may be dealing with bad faith practices include a variety of different intimidation tactics from accusing you of lying or fraud, to intimidating witnesses, or delaying payment on claims, offering low-ball settlements, or denying claims unreasonably. If you suspect bad faith practices, this is not the time to go it alone!

Independent Counsel for Insurance Lawsuits: When You Need It

Posted by rainmakereditor on December 3, 2018 with 0 Comment

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

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

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

Attorneys from the Bolender Law Firm have acted as independent counsel in many cases, representing policyholders exclusively. We are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Understanding the Unfair Claims Settlement Practices Act

Posted by rainmakereditor on November 30, 2018 with 0 Comment

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

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

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

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

Why Insurance Policies Seem So Intangible—at First

Posted by rainmakereditor on November 28, 2018 with 0 Comment

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

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

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

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

Understanding Basic Terms in Any Insurance Policy

Posted by rainmakereditor on November 26, 2018 with 0 Comment

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

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

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

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

Injured After a Car Accident? Don’t Fight the Insurer on Your Own

Posted by rainmakereditor on November 22, 2018 with 0 Comment

A car accident can be a terrifying experience, and the effects can be long-lasting. While some motorists are killed, others may suffer from neck and spinal injuries, traumatic brain injuries, serious burns, broken bones, and more. If you have been in a crash, and seriously injured, you may have lost hours at work while recuperating or you may have been forced to stop working completely—whether temporarily or permanently. This can be an extremely difficult time, and while the physical effects may drag on—so can the financial issues and the frustrations of filing an insurance claim.

If you were in an automobile crash due to the negligence of another party, the claims process is more complex than just filing for an inconsequential fender bender that may have left a dent or chipped some paint. When injuries are caused due to an accident, and a police report is filed, you can bet that the adjusters for the other side will be on the case faster than you can say “I’m home from the emergency room!” You may find yourself surprised at how quickly they call, and at how many questions they have! This is not the time to be speaking to an insurance adjuster, but it is time to be consulting with an experienced injury attorney.

Due to an impending lawsuit or settlement, it is in your best interest to let your attorney do all the talking when it comes to the insurance company. Without their help, you may find yourself being asked to do tape-recorded interviews, sign medical release forms and give access to medical records and other information, all the while feeling like you are in good hands because the adjusters come across as warm, empathetic, and trustworthy. What may truly be happening behind the scenes is that adjusters are gathering information to use against you later, so they can either deny you a settlement or get away with a lowball offer. Be wary also of bad faith practices such as no investigation of the case at all, failure to interview any witnesses who were on the scene, overlooking obvious evidence, delaying settlements, and denying claims with no cause.

Does Your Insurer Seem to Suspect You of Fraud?

Posted by rainmakereditor on November 21, 2018 with 0 Comment

It’s amazing how quickly the tides turn, and how fast a business relationship can change when one side is about to lose a substantial amount of money, or is worried about fraud. When you purchase insurance, everything is geared completely around you as the consumer—and gaining your business. With a smile and a handshake, you are on your way as the new owner of one or more policies, looking forward to having the peace of mind in knowing that the insurance company will protect you if something goes wrong (assuming it is not excluded from the policy). Unfortunately, that may be the best experience you ever have with your insurance company. On filing a claim, there is the potential for frustration and disappointment.

Although insurance agents are there to provide you with a necessary product and usually do so with charisma and promises, they are not your friends. And insurance companies don’t report billions of dollars in profits each year without being tough; so, if you are filing a large claim, there could be some pushback before it is finally paid. You may be forced to jump through a lot of hoops you were not expecting either. Perhaps you are trying to collect on a homeowner’s claim after a fire, for instance. While you were completely innocent of any wrongdoing, you may suddenly find yourself at the mercy of the insurance company and investigation units, being interviewed by adjusters who want to record the conversations and retrace steps where the fire began, and more. While the process may seem very intense, it may just be routine.

You should worry, however, if tactics begin to seem abusive. Are you being asked for excessive amounts of documentation—and personal information such as tax returns? Are you being subjected to accusations or are the adjusters or service reps taking on an intimidating attitude toward you in interviews or on the phone? While it is possible that they could suspect fraud, and at least are spending an inordinate amount of time ruling it out, the insurer could be acting in bad faith. Along with abuse regarding intimidation techniques and requests that overwhelm policyholders, bad faith insurers often delay claims, delay investigations, offer ridiculously low settlements, and deny claims outright.

If you suspect this is happening to you, it is not the time to go it alone. 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!

Is Your Insurer Resorting to Abusive Tactics to Get Out of Paying?

Posted by rainmakereditor on November 19, 2018 with 0 Comment

Insurance allows us to have things, keep them, and replace them if necessary—without being forced into financial ruin. And although the policies themselves sometimes tend to be complicated, the basic premise is simple: you find an insurer and then pay them premiums to protect against loss. This may be for any type of insurance, including auto insurance, health and life, homeowner’s, general liability, professional liability (errors and omissions), and more.

The process usually starts out easily enough. Depending on what lines of insurance you seek, an agent or company most be sought out to help you with your purchase. Once you receive your policy, you have the peace of mind in knowing that your home or business is covered, and if something catastrophic were to happen, you would be okay. In the event of a claim, it may be that you were in an automobile accident due to the negligence of others, or you may have had a homeowner’s claim after a fire, weather event, or even a slip-and-fall accident by a guest at your home.

Once the claim has been filed, an adjuster is assigned to the case and begins an initial investigation, usually hoping to interview you and anyone else involved. If they are working for the other side (for instance if you were in a car accident, and due to negligence the other party’s insurer will be paying out) and it appears a settlement may be in order, it is critical not only to have an injury attorney on your side, but also to refer all calls and questions to their office.

In handling the insurance company on your own, you may not only find that they don’t take you as seriously as if you were working with an attorney, but the process may be slow and frustrating. This can be exponentially worse if they are guilty of practicing bad faith. You may find yourself facing incredibly long delays but getting little explanation—and/or it may seem that no one has even begun investigating your claim. Any settlement offers may be extremely low and unreasonable, or the insurer may begin trying to inconvenience you or intimidate you to the point where you drop the case altogether. Less aggressive tactics include pushing you to collect and submit volumes of documentation for your own case. If you think that is what’s happening, it is possible to push back by asking them to clearly explain why such excessive documentation is necessary.

In other cases, you may be subjected to verbal abuse intended to make you back down. This could begin during the interview process and continue from there, to include making accusations which have no basis, threats insinuating there won’t be a settlement, and harassment of witnesses. It is in your best interest to have expert legal help from an experienced office like 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!