Tag: Insurance lawyers

Homeowners Insurance Policy: What You May Not Be Aware of Until It’s Too Late

Posted by rainmakereditor on December 27, 2018 with 0 Comment

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

Posted by rainmakereditor on December 26, 2018 with 0 Comment

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:

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.
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.
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.
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.
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: Are Witnesses Being Intimidated?

Posted by rainmakereditor on December 21, 2018 with 0 Comment

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.

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Lowball Offers: What Makes Insurers Think They Can Get Away with It

Posted by rainmakereditor on December 19, 2018 with 0 Comment

Insurance should be one of the clearest examples of give and take in the consumer world. You give the insurer money for premiums, and then later take some, all, or even more back later when an issue occurs such as a health problem or death, damages to the home or car, professional liability, or catastrophe. Most policyholders in the US take their insurance very seriously, along with making monthly, quarterly, or yearly payments on time. And as you probably know all too well, many of these premiums can be substantial.

Watch Out for Red Flags

It’s not always easy to pay for insurance, but like most consumers and policyholders, you probably make this a priority in the household budget. And because you have done your part—and perhaps have ‘paid in’ for decades without any claims—it can be extremely frustrating to experience delays from the insurer when dealing with a claim. You may begin to suspect you are on the receiving end of bad faith practices from an insurance company if nothing happens at first. In most cases, insurance claims adjusters are calling and inquiring about the details immediately, especially if there have been injuries or significant damage. If there is little activity on your case and no investigation seems to be pending, those are red flags, along with unreasonable delays.

Don’t Be at the Mercy of the Insurer: Seek Legal Help!

Insurance companies usually do not want to go to court. Litigation often leads to exorbitant amounts of money spent and time wasted in the courtroom, making the potential for a settlement a much more attractive option. This can lead to issues too, however, when the insurer is coming up with an extremely low amount. Along with building frustration, you may now feel insulted! Do they think you are stupid? What is the point of offering something you cannot possibly accept? In the real world, this should be a typical reaction—and especially if you are working with a skilled attorney; however, insurance companies get away with such behavior all the time.

Claimants may accept lowball offers because they feel like they have no other options and have spent so much time dealing with the case that they are worn down. Intimidation tactics may have played a role over time also, as the insurer has asked for excessive documentation, treated you as if you did not have much of a case, or even created false allegations against you.

You should never go it alone against the insurance company—unless you are okay with accepting a low-ball offer or being at their mercy in terms of all the settlement details. Chances are if you have had an accident or damages have occurred at your home or business, the financial aspects are extremely important. Consult with a skilled attorney who can take on all communications with the adjuster, and if bad faith practices are involved, take it to the next level by contacting the attorneys at the Bolender Law Firm.

Call Us for Help

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!

Endorsements and Riders: Know When You Need Them

Posted by rainmakereditor on December 18, 2018 with 0 Comment

Saying you are going to buy insurance sounds easy enough. Maybe you want to insure your car or your home or your business—or yourself, with a health or life policy. Finding a good insurance agent is your first task, and then explaining exactly what you need. You may be happy enough to let your agent figure out most of the details, hit the highlights with you, and then complete the transaction with some signatures and an initial payment for premiums. This may not be a problem if you never have a claim but having a comprehensive understanding of your policy really is necessary so that you understand your coverage.

Peace of mind is good, but not if it is based on error! Take the time to listen to your insurance agent when you are buying a policy and ask for clarification on anything that seems vague—or difficult to understand. This is especially important regarding any changes or additions to your policy too, in the form of exclusions or riders.

With an exclusion, there may be certain coverage that is not available to you. This is extremely important to know about and understand so you are not left unprotected later. A good example of an exclusion would be typical in a homeowner’s policy: flooding is usually excluded and must be purchased separately. In an automobile accident, there may be a liability exclusion if your business vehicle were to be damaged—meaning that your personal policy clearly states that it would not be covered.

A rider is the opposite of an exclusion as it adds something to your policy, usually at additional cost. You may add a rider to your life insurance like an accelerated death benefit option so that the policy pays out early, while you are still alive, should you be stricken with an unfortunate, terminal illness. As another example, you may add a rider to your homeowner’s insurance for valuables such as jewelry that could have been excluded otherwise. Speak to your insurance agent about all your assets and valuables that need to be protected and understand what isn’t covered so that you can then examine whether it is worth it (or necessary) to buy additional riders for your insurance policy.

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!

Insurance Protection: Five Policies You Need

Posted by rainmakereditor on December 13, 2018 with 0 Comment

Some forms of insurance protection are not only recommended, they are vital to protecting your finances over a lifetime. Car insurance and homeowner’s insurance are a prerequisite to buying a vehicle or a home, and with good reason. Just one terrible accident that affects you and your passengers or that of another vehicle could be catastrophic to your future as well as making medical bills exceptionally difficult to pay. Without proper homeowner’s coverage, a fire or other disaster could not only wreak havoc on your property but make it impossible to rebuild later, potentially rendering you and your family homeless. Following are examples and basic information regarding the five types of insurance most individuals in the US may need:

Car insurance – as one of the most common types, car insurance provides you with liability coverage in the case of an accident, medical payment coverage, along with other options such as comprehensive and collision, personal injury protection, uninsured motorist protection, and more.
Homeowner’s insurance – obviously, the main concern in purchasing homeowner’s insurance is having protection against damage to the structure, whether that happens due to a fire or major weather event. Your policy should also protect you in the case that someone else has an accident on the premises. There are many things that can be excluded, however, and you should be aware if your policy does not cover disasters like earthquakes or floods. These types of events are usually covered as an add-on or by another policy altogether.
Business insurance – although there are numerous types of different insurance that are highly recommended, general liability is vital to protecting your business in the case that a customer or someone on your property were to become injured or accuse you of negligence that caused them harm. Property insurance protects your facility and equipment, and a commercial auto policy will cover vehicles for your business. Other types of insurance such as workers’ compensation may be required, covering employees if they hurt while on the job.
Health/life insurance – although health insurance can be very expensive in some cases, and almost cost-prohibitive, it does ward off catastrophic medical bills that add up very quickly. Life insurance can be thought of an asset to hand down to your family later, as well as a way to plan for financing of funeral expenses.
Disability insurance – this type of insurance can be vital to your financial survival in the case of a debilitating accident, leaving you without the means to earn a living.

As a consumer, you are probably aware of how important it is to pay your premiums on time so that you are covered if an unexpected event arises from a problem with your health to damage to your home. That’s why it can also be so frustrating when an insurer acts in bad faith.

When the Insurer Ignores Solid Claim Evidence

Posted by rainmakereditor on December 12, 2018 with 0 Comment

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!

Business Partnerships: Five Reasons to Avoid Them

Posted by rainmakereditor on December 10, 2018 with 0 Comment

Making a go of it with a new business can be one of the most satisfying ventures one will ever experience in life—and in some cases, it may be one of the most terrifying too. Including a partner means you have someone to carry the burden with overall, as well as helping to supply much-needed capital—not only for start-up but in the critical months and first few years that follow also. There may be initial peace in knowing you have another shoulder to lean on, but as is so often the case, one or more partnerships could end up being perceived as a liability in the future.

Although you could become involved in one or more partnerships that are extremely valuable and long-lasting, consider these reasons to avoid taking on one or more partners:

Two (or three) can be a crowd – this can especially become an issue if you began a business partnership with someone you have known for a long time, but the friendship becomes strained, for whatever reason. Working in a partnership may be difficult too when it comes to decision-making. You may find that you don’t really want to have to ask someone else’s opinion or gain their permission to implement something new in the company, hire or fire someone, or buy or sell inventory, real estate, or other items.
Finances – as with a marriage, disputes over money can be one of the most common issues, as well as the reason for dissolution of a partnership – and something that carries on past the separation point and into the courtroom, with the possibility of litigation.
Disputes regarding shares – while this could be an immediate threat, there is also the possibility for conflict or vulnerability later if your partner wants to sell their shares to an outside party or dies and leaves them to a spouse who you could then feasibly suddenly find yourself working with every day.
Resentments over work duties – although this should be outlined clearly when the company is formed, resentments can build later if your partner feels like they are being asked to do too much, or like full-time employees sometimes feel – as if they are being compensated too little in return. This can become challenging in difficult times when everyone may be forced to take on extra duties and put in more hours for the good of the company.
Differing visions regarding the future of the company – this may have been what brought you together with a partner, along with creating a specific, unique innovation to offer to the public. Visions and strategies can change as time goes on, however, and a serious divergence in planning for later can cause conflict you may not want to deal with.

Do you need legal assistance with a business dispute? If so, contact the Bolender Law Firm. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

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

Posted by rainmakereditor on December 7, 2018 with 0 Comment

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

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

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

Commercial Property and the Margin Clause

Posted by rainmakereditor on December 5, 2018 with 0 Comment

There are many different reasons to buy insurance. You may find yourself worrying about whether to buy one or more policies, putting out thousands per year for protection that may never be needed. The greater worry, however, is what could happen if you did not purchase insurance. Without auto insurance, you could find yourself facing an enormous lawsuit if someone were injured due to your negligence—or serious property damage to your own vehicle left unpaid for if you had an accident without anyone else even involved. Without homeowner’s insurance, if your home suffered catastrophic damage and became uninhabitable, you could have little recourse for rebuilding. Without medical insurance, your health could be in jeopardy—and without life insurance, your surviving spouse and heirs may be left hanging in the balance, quite literally.

Commercial insurance is on another level entirely, however, as it not only protects all the hopes and dreams and hard work you may have contributed decades to, but also because it reduces any financial risk to your livelihood—and without that, protecting your family can be extremely challenging. In working with your insurance agent, however, you may feel overwhelmed with the complexities of understanding what your risk is, what you need, how much you can budget for premiums annually, and which deductibles to choose.

Understanding the basics of your policy, from coverages to exclusions, limits, and endorsements can be an ongoing education in itself—and it should be that way as you purchase insurance and then confer with your agent about updating it at least once a year if necessary. Complexities such as the margin clause may have you shaking your head wondering how it benefits you at all—and the answer is that it generally does not as the insurer adds the margin clause as an endorsement to your policy to offset the latitude of a blanket limit should there be the potential for a major pay-out.

The margin clause usually comes into play if there is a catastrophic loss to your commercial property that has become more valuable over time—without any updates regarding the value being discussed with your agent or resulting in changes to your initial policy. Substantial limits are placed on your property with the margin clause, meaning that only a specific percentage of the value of your commercial property would be paid for in a claim. You could be left paying thousands more on your own. It is critical to discuss all the details of your policy with your insurance agent—and whether your policy contains a margin clause or not, if it is not being paid, you may be a victim of bad faith practices. Signs of bad faith usually include unreasonable delays or requests for large amounts of documentation that may not seem relevant, or other intimidation tactics, along with complete denial of the claim with little explanation.