Tag: Insurance lawyers

lowball settlement

Why the Insurance Company Expects You to Take that Lowball Settlement

Posted by Jeffrey Bolender on with 0 Comment

Insurance companies know their stuff. They don’t churn out billions in profits through sheer luck each year, and they certainly don’t do so by being your friend. Adjusters often receive bonuses for keeping payout and time spent on cases to a minimum, and you can count on one thing: they are all usually very good at their jobs. This is precisely why if you are in a car accident, for example, you do not want to take on fighting the other insurance company by yourself.

Adjusters, unfortunately, may be quick to take advantage of you if you are not prepared. They may begin asking a lot of questions—and because most of us are naturally polite, it is often hard to shut them down—but that is exactly what needs to happen. Your injury attorney should be handling all communications with adjusters. This could be vital to your case, especially as they may begin asking if they can tape record your conversations, have access to medical records, and more. What you say to them, however, is what can make you most vulnerable, and many individuals walk right into such a trap after being assured everything is confidential.

With expert legal assistance, you can avoid many of the pitfalls possible if you have been injured in an accident due to the negligence of others, and have a case. Without any help, adjusters may try different tricks on you such as the delay. This could mean you are left hanging for unreasonable amounts of time as they try to find a reason to deny your claim, whether accusing you of fraud or other shocking reasons to get out of paying. One of the most common techniques on the part of the insurer is the lowball offer. With an attorney on your side, it is likely this would not happen to begin with—but if you are on your own, the adjusters may jump at the chance to give you the lowest offer possible and then also convince you that you should take it because there will not be another one.

Other intimidation tactics may ensue as well, to include asking you for so much accompanying documentation that you will be quickly exhausted and run the other direction, giving up on your case altogether. They may also try to intimidate witnesses. As soon as you begin experiencing any red flags that could indicate bad faith, your case is in peril. An experienced attorney will be able to help you fight the insurance company, along with helping you to understand more about bad faith practices.

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!

 

fraud

Are You Being Accused of Fraud? Why This is So Serious

Posted by Jeffrey Bolender on with 0 Comment

Purchasing insurance can sometimes be a pleasant experience, in the beginning; in fact, as you get a referral for an insurance agent and begin looking around and getting quotes, you may be impressed with their level of knowledge and guidance. Once you settle on a policy, a check is written, documents are emailed or sent by regular mail and they get put away for safekeeping. And there they stay, until there is a claim. In most cases if there is a claim, the insurer opens an investigation, and hopefully it is open and shut, with your payment being collected easily so you can go about your normal business and get back to your normal life.

There are other instances, however, that spell out trouble from the beginning. Let’s use a homeowner’s insurance claim as an example. This is a good one, because home fires are often an extreme point of contention. It is all too easy for the insurer to bring up the word arson and suddenly drum up a fraud investigation team that may scare the dickens out you. Obviously, no one feels comfortable being accused of fraud, and especially if there is the potential of going to jail too. This is an all-too-common tactic however, and insurers use it to their advantage to intimidate, delay, and deny.

Your first tipoff may be when there is no investigation of your claim. There may be no phone ringing at all from the adjuster, insurance representatives trying to get more details, or anything. This is a common red flag of bad faith practices, along with unreasonable delays—and often that is exactly where the fraudulent fraud investigation comes in! Such an experience can be extremely challenging too if your home has serious fire damage and you have had to move out. The disruption to your life can be epic, and a fraud investigation may add more stress than you feel like you can manage.

This is not the time to go it alone. You need an attorney to defend you against the fraud accusations, as well as help you get your claim paid. An insurance company acting in bad faith—and especially putting you through an extended period out of your home—may not only be severely fined in court, but they may also owe you compensatory and punitive damages.

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!

Bad Faith: You May Be Due Compensatory & Punitive Damages

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The insurance industry is built around protecting risk. You probably don’t want to pay out thousands of dollars each year, writing checks that usually just seem to sail into thin air for lots of nothing, but it is worth it to protect your car(s), that home you just built or the wonderful apartment you are renting that holds all of your furniture and valuables, your business, your health and your life (estate planning), and so much more. And while sometimes it may seem like we buy ‘things,’ just to have to pay more money to make sure we can keep them, it is the way of life in the US currently.

You may be surprised to learn that the average consumer is spending twelve percent of their yearly income on insurance. Costs may rise in your area too, depending on changes in infrastructure, areas where traffic incidents or crime have escalated, or pockets of activity with storms and serious natural disasters. Purchasing insurance can be a serious endeavor, but once you have it, you expect to enjoy peace of mind in knowing that you are protected by your insurer in the case of an accident or other major issue covered y your policy. If that turns out not to be the case later, you may be devastated in dealing with injuries or damages to your home or business. Finding out the insurance company is going to give you a hard time can be extremely frustrating.

Evidence of bad faith on the part of the insurer includes massive delays (and this is where massive frustration usually sets in for you initially) and in some cases, there may be not even be any sign of an investigation at all, which is usually confusing and disturbing. The insurer may ask for massive amounts of documentation, to include items like tax returns even—usually if they are gearing up to cause delays and even to insinuate that your claim is fraudulent. You may receive a low-ball offer from the insurer, with the underlying tone being that if you don’t take it you will probably get nothing. Once these red flags set in, you need serious legal help from the Bolender Law Firm.

While punitive damages may not be possible in many other types of contract lawsuits, that is not usually the case when the insurer is found to be acting in bad faith. Let us review your case and discuss your options with you, considering whether you may be due both compensatory damages and punitive damages. Compensatory damages will cover the expenses you were originally supposed to be paid plus damages and compensation for injury; punitive damages are much more serious and often more challenging to get as they ‘punish’ the other party. In this case, the insurance company would be punished, and in forcing them to pay punitive damages it is hoped that they ‘learn a lesson’ about doing it again, as well as serving as an example to other corporations that might be thinking about acting the same way toward customers.

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!

rule of thumb

How Did ‘Rule of Thumb’ Become a Saying?

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There are many terms you probably hear so much—or say so much—that you rarely stop to think about how funny they sound or wonder how they originated; for instance, how many times have you found yourself uttering a saying like, “well rule of thumb says…” meaning this is how something supposedly should be done, and often is thought of as a general principal based on practice, often approximated. And obviously, you probably aren’t using your thumb for a ruler, although hundreds of years ago, that may have been the idea as a thumb was supposed to be a good measurement for an inch. Check out your thumb though, and you can see that probably wasn’t very accurate at all for anyone!

The term is said to have come about in the 1600’s and may have actually been connected to marital law in England. The law may have said something closely related to the idea that a husband could beat his wife with a stick, as long as it was no thicker than his thumb, although many think this could be a myth too (the Idioms). Typical examples of using this idiom in context might be that as a rule of thumb, you add pasta to a pot once the water starts boiling, or as a rule of thumb, you never work past 4 p.m.

There are also many other very amusing rules of thumb you may never have heard, offering tips for etiquette (even that of cell phones), how to dress (if your shirttails hang below the palms of your hands, tuck them in), when to take your car in for repairs (never on the weekends), where to sit on an airplane (that depends), and more.

In the legal world, the way words are construed can make a huge difference in a case—and as we deal with insurance policies and insurers acting in bad faith far too often, it is important to delve into the truth of words, as well as dissecting exactly what is meant in something like an insurance policy. This can be extremely difficult in some cases if you are not a legal professional, and if you are going through an issue that feels exasperating (and frightening) to handle on your own, call us for help as soon as possible.

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!

emotional distress damages

Bad Faith: Can I Sue for Emotional Distress Damages?

Posted by Jeffrey Bolender on with 0 Comment

You may have felt some amount of emotional distress just trying scrape the funds together to pay one or more insurance policies over the years! The situation may become very trying, however, when you have filed a claim, and nothing has been resolved. This can be extremely disconcerting considering anytime you were on the verge of being slightly late with a payment or returning a document to the insurance company, they expected an immediate response or consequences (in the form of having your policy canceled) would follow.

If you have reported a homeowner’s claim, for example, time may be of the essence in getting it paid so you can then make repairs to your home. Some cases may be extreme, too, due to a natural disaster like an earthquake or a landslide. Your home may uninhabitable, or very uncomfortable to live in, at best. Chances are, you will know something is wrong quickly as the adjuster simply does not come around to do an investigation at all, or they are right on time—but you are promptly denied without a reasonable excuse. Other red flags regarding bad faith practices on the part of your insurer may include long delays. They may put you off repeatedly, and without any reason. They may ask for voluminous amounts of documentation and begin making you feel as if you are under investigation for fraud due to specific questions and delays.

Often, bad faith practices occur simply because the insurer does not want to relinquish the funds for big claim—they are much better off with that cash in the bank earning interest, and they may not want to take the hit on their financial report for that quarter or year. Their customer service department may be disorganized, or your adjuster may be trying to earn an extra bonus for keeping claims to a minimum. If you are a victim of bad faith, however, this is not the time to go it alone. Contact a skilled insurance attorney from a firm like the Bolender Law Firm and along with taking the insurer to court for bad faith, they may also sue for punitive damages to include emotional distress, time you were forced to leave work without pay, and more.

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!

Homeowners Insurance

Homeowners Insurance: Understand What Weather Events Are Covered

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While it is important to read the fine print in all your insurance policies, this is especially true with protection for your home. There can be many exclusions, and it is important to understand all of them, so you know what to expect in terms of coverage if there is a disaster, or damage to the home. Homeowners insurance can be complicated, just like any other policy, and there may be basic exclusions that surprise you; for example, you may not be covered if there is a landslide or an earthquake.

The homeowner’s policy is usually meant to cover the basics in case of an accident, disaster, or theft in your home. Policyholders seek coverage for the structure of their homes to be able to repair damage or rebuild if necessary, buy new belongings or have some things repaired, pay claims in the event they are sued for liability, and in some cases, have funding for living expenses while they cannot live in their home.

California is of course famous for earthquakes, but in many cases, they are not covered in the most basic of policies. Considering that there are thousands of earthquakes in California each year, this is a major consideration for most potential policyholders. Related mudslides and landslides are a worry too, although they are also often caused by rain. Wind and hail may be excluded in some areas too, so do not assume you are covered—and especially not for flood insurance, which may only be available to you through the government. Other water damage, hurricane damage, mold growth, and issues from sewers or septic backing up may not be covered at all either.

Just because something is covered in a standard policy, however, doesn’t mean you can’t purchase extra coverage quite easily. When you purchase insurance, your agent should explain everything thoroughly, and discuss the need for added riders or necessary upgrades. When shopping for insurance, don’t feel compelled to go with the first company or price, but seek out multiple quotes. Also make sure that you are buying enough insurance so that in the case of serious damages you are not left paying for a large portion of damages.

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!

low ball settlement

Do Not Be Pressured into a Low Ball Settlement

Posted by Jeffrey Bolender on with 0 Comment

The game of insurance can be a difficult one, and unfortunately, that may be exactly what you feel like you are caught up in if you are having trouble getting a claim paid and being asked to take a low ball settlement. This is frustrating for so many consumers who have paid their claims on time, kept up their end of the agreement in terms of their policies, only to be given a hard time when they needed the insurance company to follow through on their promises.

You may start to wonder if you are in the wrong yourself when accused of fraud or other concerns that cause a claims payment to be delayed; in fact, some policyholders could even find themselves on the other end of an investigation when they have done nothing wrong; for example, if you have had a fire in your home and need to file a homeowner’s claim, you may be horrified to find yourself on the other end of an arson investigation.

Such measures allow insurance companies to hold out on paying off big claims though. While there are often valid reasons for questions to arise or for a claim to be delayed, if the insurer is acting in bad faith there are red flags to watch for—whether you are dealing with your own insurer or that of another party. You may find yourself being asked to fill out repetitive paperwork or come up with voluminous amounts of documentation. Other forms of intimidation may be more aggressive such as unnerving witnesses or using tactics to persuade you to take whatever settlement they offer. Producing a low-ball offer and then making it sound like it is the only one you are going to get, in a now-or-never stance, is one of the most common tactics seen by bad faith insurers, and you should not be dealing with such behavior alone! With good legal advice and a skilled attorney behind you, there is a much better chance of getting the settlement amount you deserve.

Other more glaring bad faith tactics are changing the details of your policy without you knowing (apparently) or translating them different all the sudden, delaying payment without any valid reason, and of course—denying your claim outright.

Speak with an attorney from the Bolender Law Firm to review your options. We will advocate on behalf of clients 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

Bad Faith Insurance Claims: Defining ‘Timely Compensation’

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If you have filed a claim recently, you probably expected attention to the issue—and quickly; after all, isn’t this what you have experienced in the past before when you were in a car accident and adjusters wanted to get the matter settled—or if you were at fault? No matter what has happened, insurers are expected to respond to the matter expediently. If you are the receiving end of bad faith practices on the part of an insurance company, you may be shocked at such behavior. Unfortunately, however, it is all too common today that policyholders receive unfair treatment at the hands of companies bringing in billions of dollars while you wait

After fulfilling all the requirements asked of you upon purchasing a policy and working with an insurance agent, you are probably extremely frustrated to find that what you are receiving in reward for paying all your premiums is, the possibility of nothing. If you are in that position, however, seek legal help from a skilled bad faith insurance lawyer from the Bolender Law Firm as soon as possible to get the protection and financial compensation you are owed. Fighting a big insurance company is not something you want to do on your own, and especially if you are just hearing crickets after filing a claim for what could have been a devastating accident or issue at your business.

In California, if you have filed an insurance claim, the company you are with should have contacted you within 15 days, with an outcome communicated to you within 40 days; of course, this is based on the insurer receiving proof of the claim too. If they do communicate to you that they are accepting the claim, you should receive the payment within 15 days.

Otherwise, be aware of the red flags to watch out for regarding bad faith, such as lack of action from the insurance company, but many requests for you to produce documentation. This is a common intimidation tactic, as they hope that they will ask for more information than you have can find or have time to produce. The insurer may also try to intimidate witnesses who are willing to speak up in your defense, as well as trying to convince you that whatever low figure they are offering as a settlement is the only one you will probably get—and you should take it quickly.

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!

bad faith

Bad Faith: When All You Hear Are Crickets Regarding That Claim

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For the policyholder, insurance, and the option of being able to file a claim, is central to one goal: protection. While mainly this is regarding protection of your finances, insurance can also help guard your health, your home, your business, and your property such as vehicles and valuable possessions. Most of us don’t find shopping for insurance enjoyable or entertaining, and while research should be thorough regarding what you need, that’s some dry reading too! Because of this, we rely on insurance agents to guide us through the process of quotes, applications, approvals, payments, and maintenance of policies.

The insurance agency expects you to comply with everything agreed upon in your policy, which mainly refers to paying on time. There is not much flexibility when it comes to payments, and cancellations may occur before you even realize you forgot to pay. If, however, you have performed all your required duties as a policyholder, you may be confused and very worried about why your insurer is not responding to a claim. In some instances, this may be due to an issue that requires more time for examination due to complexities in the case, but if red flags are popping up and alerting you to a potential problem, consult with experienced attorneys from the Bolender Law Firm as soon as possible.

Signs that you may be at the mercy of an insurer guilty of bad faith include:

  • Complete lack of investigation – this is where hearing only ‘crickets,’ may occur in terms of bad faith, as in most cases, you will begin to hear from adjusters right away
  • Long delays – if long periods of time are passing during communications with the insurer, you may have concern to worry, and especially if excuses seem unreasonable.
  • Intimidation tactics – this could take many different forms, from intimidating witnesses in a case to intimidating you through asking for excessive documentation that insurers know it could be hard for you to get, along with trying to strong-arm you into taking settlements by making you think that is all that will be offered at any point.
  • Lowball offers – this is one of the most common forms of bad faith, and many policyholders fall prey to taking lowball offers simply because they are worried it may be their only chance to receive compensation.
  • Denials – unfounded denials are common in bad faith cases, and you should not attempt to fight the insurer without skilled legal assistance.

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!

Errors and omissions insurance

Errors and Omissions Insurance: Know Who That Protects

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Most of us want the protection that insurance offers, but we would like to think about it as little as possible, and this goes for professionals carrying errors and omissions insurance too. With the advent of online services, the purchasing and maintenance of insurance policies has been simplified more than ever; for instance, you may be able to call a car insurance company, get a quote, put all ‘the wheels’ into motion, and have a policy within less than an hour. Online representatives can lead you in the right direction regarding standard requirements and limits, as well as explaining more about additional coverage you may prefer. Cards and your policy are generated quickly, and in most cases, you can sign up for an online account too for checking billing dates and other details. Usually, complexities arise when there is a claim.

Damage or liability issues may arise when there is an claim due to the negligence of others, whether another motorist ran into you or perhaps you had a homeowner’s claim due to a major construction defect like a faulty electrical or plumbing system. A customer may slip and fall at your business or you may have your own health insurance claim to file due to an unfortunate illness or an accident. In some cases, you may find that there is resistance from the insurer to pay your claim—and while this could be due to a valid yet undisclosed reason, it could also be due to a mistake on your insurance agent’s part. At this point, their errors and omissions insurance kicks in, and that is how the claim is paid; conversely, this could also happen for you if you have professional liability insurance and a client sues you due to negligence.

Errors and omissions insurance (also known as E&O) protects the agent and their company, as well as you from financial loss if a claim is valid and paid out. Insurance agents may produce errors in the application process that could cause a claim to be denied, but in some cases, they may have failed to examine your insurance needs properly, may have overlooked explaining exclusions that could be extremely important, over may have been negligent in attaining your coverage, or completing the filing of a claim for you.

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!