Tag: Insurance lawyer

Your Insurance Lawyer Should Be Skilled in the Courtroom

Posted by rainmakereditor on September 19, 2019 with 0 Comment

Even without an insurance lawyer explaining it to you, chances are you understand how the basics of an insurance claim work, and are hoping to stay out of the courtroom. If you have been in a car accident, the police are called, a report is made, and you may have been taken to the hospital for injuries or were treated otherwise. Many of these types of incidents end up leaving you with a sigh of relief as they are fender benders resulting in little need for action, while another could be a full-blown car crash that results in multiple injuries due to the negligence of another party, and could escalate into a full-blown lawsuit against the other party’s insurance company.

If you have been injured or experienced serious property damage, you probably feel a sense of urgency to see the claim settled so you can get your finances and your life back in order—and understandably so. This can also be a very difficult time if you are trying to heal or adapt to what could be long-lasting or permanent damage physically – not to mention emotionally.

The best scenario in such a situation is always to hope that the insurance company is going to pay the claim as quickly as possible and everyone can go on their way; however, claim situations can get complicated at times. There is a difference though between complicated and an insurance company that is attempting to get out of paying your claim and practicing bad faith. Know the signs. Are they delaying the process of dealing with your claim? Has an investigation begun? Or, have you already been outright denied?

You may also be the victim of intimidation tactics from your insurance company. This could include requests for so much documentation you don’t even know where to start – along with asking for information that may seem completely irrelevant. The insurer could even go so far as to insinuate that your claim is fraudulent, delaying payment even further as they send out a fraud investigation team. They may try to intimidate witnesses with aggressive questioning—and you as well. In the end, you may receive a lowball offer that they want you to believe is all you will get, and that you should accept it quickly (which you should not!).

If you are being treated this way, do not try to go it alone! Consult with an attorney from the Bolender Law Firm as soon as possible if you suspect bad faith practices. There is the chance that your insurance attorney could contact the insurance company by phone or by written communication and resolve everything quickly for you. If not, however, it is vital to your case to have an attorney who is skilled in the courtroom, has experience in the courtroom, and will fight to protect you and your best interests.

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. The Bolender Law Firm is here to help you!

Insurers: The Differences Between Good & Bad Faith

Posted by jbolender on August 23, 2019 with 0 Comment

When you buy an insurance policy, it is more than implied that the insurers will act in good faith if you must file a claim – it is expected! Consumers today spend a substantial amount of their income on protecting their property and livelihoods, often purchasing multiple lines of insurance. You may have a simple portfolio and only require car insurance for one or two cars, or you could be a business owner ensuring a fleet of vehicles, several different facilities for your business, along with multiple different types of liability insurance. No matter how you slice it, for most of us, insurance is not cheap, and we would all rather be putting that money somewhere else.

If an unexpected event such as a car accident or damage to your home, perhaps after a fire or a storm, has occurred, your first thought is probably to be glad you have insurance, and begin wondering what will be involved in filing a claim. Once you have done so, you probably expect to hear from the insurance company quickly, and for your claim to be processed efficiently, with a settlement received so that you can recoup your loss.

An insurance company acting in good faith will contact you quickly, and open an investigation so they can determine what type of settlement is in order. If red flags erupt, you may begin to worry about bad faith, especially if they are slow to handle the claim, delay without obvious reasons, deny you, or try to intimidate you into taking a lowball offer. Duplicitous insurance companies have countless ways to try and discredit a claim (or even you), making accusations about fraud or tearing down witnesses who could have been on the scene when damage or an accident occurred.

A bad faith insurer may delay your case by asking for excessive amounts of documentation – even to include tax returns. They may even go so far as to request interviews that are tape-recorded or ask you to participate in an examination under oath, which can be an extremely stressful process. As soon as you suspect bad faith, consult with a skilled insurance attorney from an office like the Bolender Law Firm.

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 Companies Acting in Bad Faith Could Face Major Fines

Posted by jbolender on June 13, 2019 with 0 Comment

It seems like insurance should be a simple business, right? The basic process is as follows: you hire an insurance agent to help you find the types of coverage you need, you buy a policy, you pay your premiums, and you go about your business with the policy hiding in a drawer or file cabinet somewhere (and if you are lucky, you will never have to look at it again). Meanwhile, the insurance company is collecting billions of dollars each year from policyholders, and you may never have filed a claim once in decades; however, if you have, you may shocked, and even panicking to discover that the insurer does not seem to be responding correctly.

As soon as you see red flags flying, warning you of bad faith practices, contact an insurance lawyer from a skilled firm like the Bolender Law Firm. Signs of bad faith may include a lack of investigation at all, or they may have called and spoken with you once, heard some of the facts surrounding the case, and just never called back. If you have filed an insurance claim and you have not been hearing anything back from an insurance adjuster, it is time to get worried and start making calls regarding the problem. If you’ve been denied with no good reason, you may have a case, and if the insurer has been trying to intimidate you or witnesses, that is another red flag.

The list of bad faith practice symptoms is quite long, but if your instincts are telling you there is a problem, you may very well be correct—and especially if communications from the insurer are few and far between.

With help of a skilled bad faith insurance attorney, you may need to take your case to court. This is a much more common occurrence than you think, and insurance companies can get in big trouble with the courts for bad faith; in fact, they could have to pay out many thousands of dollars in compensatory damages as well as punitive damages. You are owed such compensation if you were forced to go through the stress of waiting on a claim that was clearly not handled properly.

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!

Be Very Careful What You Say to Adjusters in Confidence

Posted by Jeffrey Bolender on March 29, 2019 with 0 Comment

If you have had to file a claim, dealing with insurance adjusters is probably just exacerbating all the ills you may feel after being hit by another car, or a truck, or in having to find a way to have major home repairs made as quickly as possible. Those are only a couple of examples, obviously, as there are so many different types of insurance to be purchased—to include business liability insurance, health and life insurance, professional insurance policies, and the list goes on.

After being injured due to the negligence of another party, you may be shocked to hear how fast that phone starts ringing regarding your case. The adjuster for the other side will probably want to get down to brass tacks fast, and this means getting as many facts about the accident out of you as possible. While you may give them some basic information, remember that in no way are these people your friends. They may seem incredibly friendly, charming even, but it is their job to be smooth about many things—from extracting information from you to trying to get you to agree to a low-ball offer as quickly as possible.

You may also be told that anything you tell them is completely confidential. This can get tricky, however, and especially if you are roped into giving them a statement, or if you admit that anything was your fault. Keep in mind too that even if you think you are offering a description of the full scope of your injuries, there may be more than you know about if you have not had X-rays or a complete medical workup yet. The best rule is to consult with an injury attorney and upon working with them, let them do what they do best, which is communicating with the insurance companies. If bad faith is suspected, please contact our office as soon as possible. Do not go it alone!

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.

Insurance Claim Denied? You Should Have Answers!

Posted by Jeffrey Bolender on March 14, 2019 with 0 Comment

As a policyholder, you have enough stress—and it starts at the outset as you must take what can be considerable time out to research what you need, find a good agent, and pay for a policy. Along with that, when you sign on the dotted line, you promise to uphold your end of the agreement as stated in the policy—and the insurer is promising to pay out as agreed if you have a claim that is valid within the stated guidelines. This is true for any type of insurance policy, whether you are protecting property like your car, home, or commercial site—or insuring your health, life, or more.

The insurance industry takes in billions of dollars in premiums each year. And all too often, they don’t want to let go of one penny without a fight. It may just be business as usual for the insurer, but as you fight to receive much-needed financial compensation after a debilitating car accident, repair your home after a storm or a fire, pay off medical expenses, or cover an issue with a customer at your business, days, weeks, and months of waiting can be devastating to your financial (and emotional) health, as well as that of your family.

Bad faith practices may be evident in numerous ways, beginning with … nothing. That’s a very bad sign if you have filed a claim and an adjuster does not seem to be asking for information or investigating at all; usually, for example, if you are in a car accident and there is a claim, the adjuster for either side may be calling you practically before you have left the emergency room. Other signs of bad faith will manifest in unreasonable delays, lowball offers, and requests for outrageous amounts of documentation, including repetitive information. The end of the road—and what should be the impetus for you to reach out for expert legal help—is the outright denial. For an insurer to refuse to pay your claim, there is usually a typical problem such as an exclusion to the policy, lapse in payments, too much lapse in time in reporting the claim, or other basic issues. If you are not getting any answers, the insurer is being negligent all around.

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!

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!

The Insurer Acted in Bad Faith: What Happens Next?

Posted by rainmakereditor on December 4, 2018 with 0 Comment

Despite so many horror stories (and you may have already been through a few yourself), most of us choose to—or are required to—purchase insurance policies based on trust. Whether you are buying car insurance, homeowner’s insurance, commercial insurance, or another type of protection, the transaction is based on a mutual promise. You provide honest information to the insurer, their underwriters approve one or more policies for you, and then you are responsible for paying premiums on time—but be aware that although the insurer may have no problem presenting you with delays on their end, missing just one payment could be the difference between having a claim paid, or completely denied.

Unfortunately, the insurance company usually has every right to deny a claim if the policy already canceled, but there can be other complexities (see previous blogs on policies with longer-lasting coverages such as malpractice tail coverage, the claims made policy, or occurrence policy) too. In most cases though, if you have paid your premiums and the need arises to file a claim, you expect the insurer to follow through on their promises. In the case that there was a damaging fire at your home, however, or a car accident (although there could be many other examples) resulting in property damage or physical injury, and you filed a claim, there could be numerous indicators that the insurer was acting in bad faith.

Although delays do happen, they could be a sign of bad faith. There may be delays in any type of investigation by the adjuster. They may be waiting on more information, or it could be a simple case of disorganization. If, however, there does not seem to be any investigation at all going on—or if they have requested torrents of documentation from you (some of which hardly seems relevant and may be extremely inconvenient to collect and provide to them), there may be an issue of bad faith. Other red flags may include delays that are followed by low-ball offers (and pressure or intimidation to accept them), presenting erroneous information as to why a claim may not be paid, or denying it altogether.

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!

Malpractice Tail Coverage: Is it Necessary for Physicians?

Posted by Jeffrey Bolender on August 28, 2018 with 0 Comment

The particulars involved in taking on insurance can be often be complex. This could apply to any type of policy, but if you are trying to protect your business or professional livelihood with liability insurance, there are many facets to consider financially and for the long-term. If you are sued due to an injury affecting a third party or if property is damaged, without insurance you could be responsible for an astronomical sum. The proper insurance may also protect you against libelous claims.

Although insurance is critical for many different types of professionals, doctors are often under legal fire, and while some malpractice suits may be solid, there are many frivolous ones too. This means that medical professionals must dedicate a significant amount of their income to protecting themselves from a devastating malpractice suit. Without it, they could experience a financial catastrophe that would send them reeling back despite all their many years of hard work in the hospital, private practice, or both.

Malpractice insurance is almost always required, and the claims-made policy is common, often including a short-term extended reporting period or ‘tail.’ Needs may vary, but it is crucial to understand the differences in the policies available and make sure there is an ERP if necessary. A basic 30- to 60-day tail included with malpractice insurance certainly would not be enough if, for example, the medical professional is thinking about retiring but wants to be smart about covering themselves for the possibility of a claim arising even afterward.

While previously there were not a lot of options regarding tail coverage, malpractice insurers offer physicians a much wider range of extended reporting periods today, with varying rates in premiums. The need for such specialized insurance is there especially for doctors who may not receive notice of a pending claim or lawsuit until long after the insurance policy was canceled or terminated for whatever reason. Cost can play a major role in whether tail coverage is purchased though, and what kind. Medical facilities often cannot afford to provide doctors with the extended coverage, but they may be required to provide it for themselves. This could even be written into a contract regarding their departure from a facility, requiring the tail to be purchased then so that the hospital or office is not held liable.

Property Damage Appraisers: Should I Trust Them?

Posted by Jeffrey Bolender on August 14, 2018 with 0 Comment

If you have not had a reason to file an insurance claim recently (and your premiums are not exorbitant), it may have been easy to put the subject of insurance out of your mind for quite a while; however, if you have been in a car accident or were forced to file a claim regarding damage to your home or business, or more, dealing with insurance and property damage appraisers may suddenly become a central focus. And nothing can be more frustrating than being interrogated or stalled when you have done your part in paying premiums for years, fulfilling every requirement as requested by the insurer. Along with spending far too much time stressing about what is going to happen to your property or how you are going to pay medical bills, you have probably pored over your insurance policy too, wondering what the deal really is in the face of your insurer delaying the investigation or paying out for your claim.

The property damage appraiser works for the insurance company in evaluating the condition of your car, for example, if you have been in a wreck and have filed a claim—or they may be working for another party’s insurer if you were in an accident due to the negligence of someone else. The goal of the appraiser is very clear: to assess and advise on whether or not the insurance agency should pay the claim. They do this by investigating, ruling out fraud, examining insurance policies and other information such as medical records, and negotiating settlements and payments. They are also used to speaking with attorneys while they do their jobs. Keep this in mind if you are feeling helpless, alone, or intimidated during the appraisal, claims, and settlement (or litigation) process, as it is in your best interest to refer all questions to your attorney—and especially if you suspect the insurer may be acting in bad faith.

Insurance is about big money, and those involved are often given highly motivating compensation to see that cases are closed as quickly as possible and with as little cost as possible. While they may seem very friendly as well as neutral when it comes to assessing damage, never forget that they work for the insurance company and have a major role in deciding the outcome of your case. All questions from the appraiser should be referred to your attorney pleasantly, but firmly. Do not agree to hand over any files or participate in any recorded conversations without the advice of your attorney first.