Tag: Business litigation lawyers

claims made policies

Claims Made Policies and Occurrence Policies: The Differences

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

Protect Yourself as a Business Owner or Professional

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

Occurrence Policies

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

The Claims-Made Policy

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

Contact Us for Help Now

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

website claims

Website Claims: Is Your Business Vulnerable?

No matter how long you have been in business, you probably maintain a long list of responsibilities and tend to the majority of them daily, working with valued clients, handling employee issues like scheduling and performance reviews, managing financial issues, ordering and dealing with vendors, and so much more–and because of that, having to worry about something like website claims may come as a bit of a surprise.

It Can Be Challenging to Keep Up with Emerging Legal Issues in Business

Not only that, you are expected to know and comply with many different rules, regulations, and laws—from those related to harassment or discrimination charges that could potentially be filed with the Equal Employment Opportunity Commission to varying and complicated issues that can arise after someone is terminated or quits and may seek unemployment benefits. There are complexities in hiring independent contractors and creating confidentiality and non-disclosure agreements—as well as protecting intellectual property. And those are just a few examples of what you must worry about.

Even Online Businesses May Be Affected by Discrimination Lawsuits

As the digital age has progressed over the last few decades, methods of doing business have changed enormously too thanks to the internet. We all do many things differently, and much of that is due to the ease that online processes offer—especially for consumers. With that, many of the same legal issues carry over—even if you haven’t thought it about it, and especially for issues with discrimination. Because so much access is provided today over the internet and many businesses are technically run online, all companies must make sure that suitable access is provided on their websites for those who are handicapped. If you fail to do so, you could find yourself being sued with an American with Disabilities Act (ADA) website claim.

ADA Website Issues Are Often Filed as Title III Claims

An ADA website claim falls under what are known as Title III claims, lumped in with other discrimination lawsuits related to issues like lack of access for wheelchairs in parking lots or gas stations, or lack of access or allowance for service animals. Most website claims are filed regarding lack of access for individuals who are visually impaired, but sometimes also for those with hearing impairments when videos are included on websites without sufficient communication for the deaf. Along with being pressed for a settlement, your business may then be forced to show continued compliance in the future.

Contact Us for Help

If you are concerned about an ADA website claim or another business dispute, please contact the attorneys at the Bolender Law Firm. We will aggressively pursue litigation if negotiating a settlement is not possible, using our extensive knowledge of civil procedure, and corporate and commercial code law. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!