Tag: Bad faith insurance lawyers

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!

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!

insurer

When the Insurer Ignores Solid Claim Evidence

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!

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!

independent counsel

Independent Counsel for Insurance Lawsuits: When You Need It

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!

 

insurer

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

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!

health insurance

Even Doctors May Forgo Health Insurance These Days

Health insurance is a big topic in the US today, and often a controversial one, encompassing our personal lives as well as the politics of the nation. Affordability is the major challenge for many—and without the proper coverage in place, many are just forced to go without care. Along with that, medical bills are the number one reason that so many consumers in the US are forced to file for Chapter 7 or Chapter 13 bankruptcy. One illness or accident can be incredibly debilitating, but those affected may not be able to work either—taking the devastation beyond the physical realm. Health insurance is supposed to protect against financial ruin, but today that is not always the case—and while some consumers go without simply because they cannot afford it, some doctors and nurses are beginning to doubt its worth altogether.

Most of us associate physicians with health—and often, affluency. So, it is somewhat shocking to hear that larger numbers of medical professionals are beginning to self-insure simply because what they end up paying out over the year for medical care is less than what insurance premiums would have cost. Recent news shows that a surprising number of doctors and nurses see the health insurance system as a ‘broken model’ no longer worth adhering to, despite the obvious financial risks.

“You would think that these are educated folks who understand they’re limited in their ability to predict what kind of health events might happen to them down the road,” said Sabrina Corlette, research professor at the Georgetown University Health Policy Institute. “On the other hand, there’s certainly a tipping point when premiums keep rising.”

Medical professionals without health insurance may seem to be a strange irony, but like many other consumers in the US, they also tire of dealing with large companies, high premiums, and many of the headaches that come with filing claims—only to have trouble seeing them paid or being forced to provide excessive documentation. Some insurance companies may practice outright bad faith by not even going so far as to investigate claims, causing ongoing delays for paying, offering low-ball offers, or denying outright.

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 agent

Five Tips for Finding the Best Insurance Agent

Unless you know an insurance agent, it can be difficult to find someone who loves insurance. Although having the peace of mind and protection that insurance offers can be well worth it, most of us groan at the thought of having to purchase this safeguard—whether you are shopping for auto insurance, homeowner’s insurance, life insurance, liability insurance…and the list goes on. It’s rare that anyone can get by without at least one form of insurance, and although you can purchase some easily online (auto, for instance), for most other plans you will need to speak to an insurance agent—and this can be a challenging task at times.

Here are five pointers to help you find the best fit with an agent:

  1. Seek a word-of-mouth referral from trusted friends – this is often the best way to find an insurance agent who is both trustworthy and competent. If they have been working for your friends for years, you may have also found yourself an insurance agent who can help you over time as your needs continue to expand.
  2. Do your research first to make sure they know what they are talking about – while years of experience certainly help, make sure your agent is well-versed in the types of insurance you need to buy. If they were to make a mistake in your policy or forget certain coverages, you could be in for a major headache in trying to rectify the situation—and you may even end up having to sue.
  3. Make sure they are enthusiastic about the product, and about answering the list of questions you may have – you want to work with an effective communicator. Again, do your research and know what questions to ask so you can pick both the policy and agent that will work best for you. Plan to interview more than one agent for this important job.
  4. Check out their office – is it well-appointed and organized? This could speak volumes about their organizational skills, which are vital in the insurance business.
  5. Licensing – don’t be afraid to ask for proof of credentials. You agent should be properly licensed for all lines of insurance you require.

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!