Tag: Bad faith insurance attorney

Sketchy Behavior? Delays? Denials? Get It All in Writing!

Posted by jbolender on July 29, 2019 with 0 Comment

No matter what type of insurance claim you have submitted, there are bound to be many details that must be attended to—and some could be complex, whether you have filed a car accident claim, homeowners claim, or one pertaining to your profession or liability at a commercial site–but delays can be very frustrating.

Being forced to communicate with or wait on another individual’s insurer if you have had to file a car accident claim can be extremely frustrating, especially if you have been seriously injured and are worried about finances due to mounting medical bills and inability to work. The situation may be even worse, however, when your own insurance company gives you a hard time – adding insult to injury after you have been paying your premiums for what could have been many years as a devoted customer; in fact there may never have been any problem of any sort until you actually had a demand. It can feel like a real slap in the face to have maintained your standing in a contract with the insurer for so long, but when you actually need to cash in on the insurance that has been protecting you for so long, the company you trusted may not be there for you.

If you have begun to worry about bad faith practices, you may have experienced strange or disorganized behavior from customer service representatives or the adjuster, or even your insurance agent. You may have experienced long delays, a complete lack of investigation about your claim, or outright denials for no good reason. At this point, everything should be requested in writing as you may have to sue the insurer to get your claim paid. If there is a delay, ask for a reason in writing. If there is a denial, you certainly want that in writing and should have received a comprehensive notice regarding the reason. If there has not been an investigation at all, try emailing the company and seeing if you get something back in writing – but better yet, have your attorney handle as much of this is possible.

If you are forced to take an insurer to court for bad faith practices, you may be owed an exponential amount of damages after enduring such an experience.

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!

Why an Insurer May Ask for Tax Returns During an Investigation

Posted by Jeffrey Bolender on March 27, 2019 with 0 Comment

No matter what type of insurance you must buy, it is never as easy as it sounds—and filing a claim with an insurer is often the same way, unfortunately, even sometimes spurring on an investigation. Today, insurance companies bring in billions of dollars in profits, and some of that money is in thanks to you, paying premiums. Consumers in the US have much to protect, from their health to their estates, to cars, homes, businesses and professional liability, and more.

The transaction is supposed to be simple enough really, overall. You find an insurance agent you can trust and discuss all the details of what you are trying to insure. They sell you coverage that should offer you comprehensive risk protection according to what you need, money and policies and handshakes are exchanged, and everyone goes on their way. If you pay your premiums, you probably won’t hear from the insurer very much, unless there are changes or additions to your policy—and those are all details which you should be apprised of clearly.

On filing a claim, you may be expecting the same straightforward behavior you received before you were asking anything of the insurer. For many policyholders, this is a rude awakening. Suddenly, with the prospects of a substantial payout looming for your claim, the adjusters may not be as quick to complete an investigation—or worse, there may not be one at all. Delays upon delays may occur, and while for some this may not be a dire situation, but for example, if you have lost your home due to a disaster or if it has become uninhabitable due to a construction defect, there is probably a great sense of urgency to make repairs and get life back to normal. If your insurer begins acting in bad faith, it may seem like the world is turning upside down.

Outright denials, low-ball offers, and sudden differences in translation of how your policy works are all good examples of bad faith, but there may be other subtle ways that the insurer will try to intimidate you. Asking for excessive amounts of documentation, for instance, is not okay. Although the insurer may make it sound like asking for large amounts of paperwork is just routine—thus snowing you under with completing tasks—it is usually a tactic used to ‘encourage’ the policyholder to back down.

They may even require documents like your tax returns. This could be part of intimidating tactics asking for you to run around and find paper to supply them with, but a request for tax returns could also be their way of inspecting your finances to see if you would be motivated to file a fraudulent claim—or their backup for asserting so. Accusing or insinuating fraud is not only another common tactic, but a way to delay making a payout for a long period of time.

What is an Errors and Omissions Insurance Claim?

Posted by rainmakereditor on January 30, 2019 with 0 Comment

Purchasing insurance can be a stressful experience in some cases, and having to file an errors and omissions insurance claim is most likely something you will never expect to have to do. Chances are, your life is busy (like so many consumers today), with little time to research what your needs really are for protecting your home, your business, your car—and even your health. We rely on insurance agents to know the facts and present them to us in a more consolidated form, informing us about our options as well as laws, exclusions, other needs we should consider, and of course—the financial end regarding cost, payment schedules, and more. Your insurance agent may also want to examine any existing policies to see where they are lacking and then make improvements, along with continuing to maintain them over the long run; in fact, some policyholders may work with the same agent for years.

Insurance agents are often recommended by word of mouth, through friends or other business peers, known for their industry expertise, and above all—excellent customer service. They should be skilled at helping you target exactly what you need regarding a variety of different lines of insurance, as well as assisting you in the claims process should that be necessary. But what happens when you must file a claim against them? This is where errors and omissions insurance kicks in for the agent as you file an E&O claim with the help of an attorney from a law office like the Bolender Law Firm.

Negligence may have occurred on the part of your insurance agent due to a wide range of reasons such as failing to explore your needs appropriately and leaving you or your business vulnerable, failing to procure coverage as promised or not letting you know about an impending cancellation, required change to your policy, or other issue that causes negative consequences.

In some cases, the insurance agent may also have failed to send in information regarding a claim to the carrier at all, which could cause massive issues all around—and leave you emptyhanded after a disaster to your home or business that required immediate resolution from the insurer you trusted and paid diligently (even when some premiums may be exorbitant!). You could be owed significant damages to be paid out through the agent’s E&O insurance, depending on what happened—and the scope of their negligence in providing the proper care to you as a policyholder.

If you suspect negligence on the part of your insurance agent or insurance company, 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!

Sued After an Accident: Does the Insurer Pay My Legal Bills?

Posted by rainmakereditor on December 7, 2018 with 0 Comment

While purchasing insurance may often seem like a rote task and paying premiums just a financial inconvenience that goes with the territory of buying a home or a car, the idea is to minimize risk for everyone involved. The hope is also that—even with the expenses involved—a claim will never be necessary. Most of us in our lifetime will be in a car accident though, unfortunately, or experience damage to our home or our business. In some cases, it may be our fault too. Either way, experiencing what may be a catastrophic event requiring assistance from your insurer can be extremely stressful. And especially if legal action is involved.

There are many different examples that could include liability claims. You may have been in a car accident and found at fault. In that case, your liability insurance should cover any legal needs. If you own a policy covering you for general liability and a customer takes a spill on the concrete, you could find yourself being sued for substantial medical bills. Fortunately, the money you have been doling out for all those premiums should cover you for a legal defense—unless the situation at hand falls under an exclusion to your coverage.

A legal defense is usually covered and includes investigation of the claim. In many cases they will attempt to settle the claim with the other party. This is common in cases like auto accidents where an insurance adjuster will examine the property damage to the cars, interview all parties involved (including witnesses), and then arrive at a settlement amount to be offered to the injured party. If that is not possible and the case does go to court, you should be covered for the duration of the trial unless there are stipulations in your policy regarding such obligations. It is vital to have a comprehensive understanding of what you are purchasing at the time that you are speaking with your insurance agent before an accident occurs. While even a fender bender can still require hundreds or even thousands of dollars in repairs, an incident including catastrophic injuries or repairs could lead to financial ruin without the proper protection.

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!

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.

Commercial Truck Crashes: The Potential for Damage & Injury is Greater

Posted by Jeffrey Bolender on September 21, 2018 with 0 Comment

You probably travel numerous roads each day for any number of mundane tasks. While there is the daily commute, other responsibilities call too such as carrying children to and from to school and activities, the endless grocery shopping, trips to pick up a range of different consumer items, and often visits to doctor’s office and other appointments. On most days, the drive will be just as uneventful as the day before, but chances are you will have at least one car accident in your life time. Busy roads, often with a melee of cars, trucks, motorcycles, bicyclists, and pedestrians, can be deceptively dangerous for everyone traveling—and in fact, car accidents and fatality rates continue to rise at an alarming rate, showing a 13 percent increase just over two years.

Trucks Weigh Exponentially More

Just as pedestrians and bicyclists are more vulnerable due to the potential of a 4,000-pound car striking them, cars (and everyone else) are at significantly more risk when hit by a truck—and mainly commercial trucks which could anywhere from 10,000 pounds to 80,000. In the case of an accident where a large truck hits a car, the collision could be much more complex as a smaller vehicle could be completely crushed, resulting in serious injuries if not death. There may be trailers involved and 18 wheels to contend with as trucks jackknife or contort with the pressure of a crash. Along with that, there is the concern of the truck’s contents at the time of an accident. While there may be many pounds of inventory, serious environmental hazards could arise with a chemical spill or other toxins.

Injuries in an Accident with a Truck Can Be More Serious or Fatal

If you were harmed in an accident due to negligence on the part of a commercial truck driver (or any other motorist), you could have sustained major injuries (brain injuries, spine and neck injuries, broken bones, and more are common) and been out of work temporarily or permanently. An experienced injury attorney should be the one to speak with any insurance adjustors who may call—and especially if they are prying for information or offering you a quick settlement. Keep in mind that their goal is usually to pay out as little for your accident as possible—and to tie up the case with as little time and effort as possible.

Contact Us for Help Now!

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!