Tag: Insurance lawyers

preference beneficiary clause

Preference Beneficiary Clause: Understanding Life Insurance

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You may have heard the saying that life insurance is for the living; however, if beneficiaries are not set up correctly, that could prove futile. Many of us would rather not think about having to buy any type of insurance, and especially when it forces us to examine our mortality further, along with what can sometimes be a challenging chore in dividing up assets. Life insurance can be an excellent investment tool though, allowing you to help your kids and other family members later. They may have college tuition to pay for, along with other necessary expenses. Your surviving spouse may need help getting by without your income after you die. Debt and taxes often need to be paid off—and the burden of the funeral and burial expenses should be taken care of too.

Once life insurance is in the process of being paid out by the insurer you chose, you won’t be around to doublecheck, which is why it is critical to make sure all the details are correct when it comes to your beneficiaries. If one or more is not specifically chosen, a clause such as the preference beneficiary clause will take over, giving preference to a list of provided names on the policy. In most cases, naming your beneficiary should be a simple task—along providing a contingent beneficiary who only receives funds if the primary beneficiary is no longer alive at the time that the life insurance claim is filed.

Insurance companies are expected to act in good faith when paying a life insurance claim, but in some cases, there may be challenges for beneficiaries when it comes to receiving their money. Because life insurance often involves large amounts of money, an insurer acting in bad faith may do everything possible to see the policy rescinded—especially if they can prove details on the application were erroneous or fraudulent, or if premiums had lapsed for one or more payments. Other signs of bad faith include lack of investigation or no processing of the life-insurance claim, long delays with no real explanation, low-ball offers, and complete denials of claims.

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

insurance agent

Five Tips for Finding the Best Insurance Agent

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

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

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

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

car accident

Do Not Delay Seeking Medical Help If You Are Injured in a Car Accident

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While tens of thousands are killed in the US each year due to car accident injuries (last year, those numbers hovered around 40,000 deaths annually), there are millions of traffic incidents each year. And as the numbers of motorists continue to grow, so do car crashes, along with motorcycle accidents, and those involving pedestrians and bicyclists too. Nothing is worse than hearing that sickening thud or screeching wheels as your car is hit by another motorist—but the best outcome is that of a harmless fender bender. And although that is a common occurrence on the roads, far too often there are accidents resulting in concussions or traumatic brain injuries, neck and spinal injuries, broken bones, and more.

As drivers, most of us will experience several car accidents in our lifetimes. That isn’t something most of us like to think about much. Having a healthy amount of respect for the dangers of the road and driving defensively is vital though, especially as the numbers of distracted drivers seem to grow—even with so much public safety information out there today warning about the potential for catastrophe in texting and driving along with other activities such as talking on cell phones, fiddling with other electronics, eating, engaging with passengers, and more. Distracted drivers—along with drunken, reckless, and speeding motorists—are still responsible for far too many accidents and deaths.

In the unfortunate case that you are in a car accident, after pulling over (if that is possible), ascertain whether anyone in the car has injuries. While it may be obvious that you or one or more passengers require an ambulance, if there is any question at all seek medical attention as soon as possible. If you are suffering from an injury, but delay in having treatment, that could result in a big question mark for the insurer—and especially if you were hit due to the negligence of another motorist with the potential for a serious lawsuit or settlement.

Make sure to file the claim directly following the accident and your visit to the hospital or doctor, and consult with a skilled injury attorney who will be able to speak with insurance adjusters on your behalf.

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: How Can It Be Proved in Claims Denial?

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In some cases, buying insurance may be as easy as making a call, getting coverage, and paying up—only to put policy information in a drawer where it rarely comes up again. Depending on the type of insurance though, there could be other policies that involve a lot of consideration and effort on both your insurance agent’s part as well as yours; for instance, business insurance may be complex, or your home may in an area that needs extra coverage for wind or flooding or even earthquakes or landslides.

Bad Faith Practices May Be Marked by Ongoing Delays

From deciding what to buy, to parlaying cash for large premiums, and then going through a difficult claims process, you may have a sour taste in your mouth about insurance overall. You aren’t alone either as thousands of policyholders around the US have difficulty in getting claims paid for auto insurance, life insurance, general liability, and more. There is a difference though between going through what can be the normal hassle of getting paid and dealing with an insurance agency acting in bad faith. If you are concerned that the insurer has an agenda other than paying your claim expediently—and fairly—contact an experienced firm like the Bolender Law Firm as soon as possible.

Even if an insurer is acting in bad faith, the process may seem to start out normally with the adjuster asking questions (hopefully these are directed toward your attorney and not you), requesting reports, and working on a settlement. In some cases, the insurer may fail to even investigate the case at all—and as time drags on, that is a major red flag for any policyholder! If you are forced to sue an insurer for bad faith practices, it can usually be proved by pointing out that there was indeed a lack of any investigation or any care about the claim along with other practices such as offering a lowball settlement for a claim that is clearly worth much more, delaying a payout beyond the expected amount of time, or denying it altogether.

The Insurer May Hope You Will Give Up

Other bad faith practices put pressure on the policyholder, hoping they will just give up as they are forced to produce excessive amounts of paperwork. Policyholders may even be subjected to verbal abuse or threats in more extreme cases. Although again it is highly recommended that you have your attorney speak with the insurer, if you are in contact with customer service representatives, agents, or adjusters during a claims process that seems to be going south, save all documentation and take notes regarding dates, times, and content of all conversations.

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!

typical bad faith practices

Typical Bad Faith Practices & Why Insurers Use Them

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When you buy an insurance policy, mutual promises are being made between you and the insurer. In exchange for payment of your monthly, quarterly, or annual premiums, you are given protection in the form of insurance coverage—whether that is for health, life, home, business, or more. And while some insurance may be required, other types are just recommended, and rightly so as coverage could mean the difference between saving your home or business or finding yourself in catastrophe both property-wise and financially too.

Insurance is not only important to our finances, but often our livelihoods too. Because of this, as consumers in the US we take it very seriously and expect to be backed up by our insurers when something goes wrong. Unfortunately, in some cases there may be loopholes in policies, errors, or general misunderstandings regarding coverage. To have a claim denied can be devastating in some circumstances, and this is even more frustrating if you believe the insurance company is acting in bad faith. You may have done due diligence in shopping for policies, assessing your needs, finding a good agent, and updating policies quarterly or annually depending on changes.

Why would an insurance company act in bad faith? While it is atrocious behavior that often leaves policyholders feeling like they have nowhere to turn, the reasoning behind their actions is usually as simple as greed. Insurers churn out billions of profits each year, and they don’t do so by giving out large discounts or giving anything away; in fact, most premiums are on the increase—both continually and substantially so.

Bad faith practices, whether emanating from agents, adjusters, or other customer service representatives, must be reported and the insurer must be held accountable for such unethical actions. Typical red flags alerting you to something awry with your claim include ongoing delays; in fact, you may be shocked to find that investigative measures have not even been taken at all regarding your claim. If an effort is made to settle your claim, the amount offered may be unreasonably low, and you may find discrepancies between what your policy states and what the adjuster says. You may be wrongfully accused of fraud, asked to bring forth unreasonable amounts of unnecessary amounts of documentation, or just denied altogether.

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 partnership agreements

Business Partnership Agreements: Five Things to Include

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You may be taking on a new business partner (or vice versa) in an existing company for numerous reasons, or upon founding a company, you and one or more individuals may be in it together, sharing all the stress—and the excitement–along with working on business partnership agreements. Going it alone in business can be difficult, forcing you to bear all the responsibility on your shoulders. And although that means not having to divide up as much financially if the company begins to thrive, there are so many benefits to having one or more partners. Finding capital to open the doors—and keep them open—is one of the greatest challenges in business ownership. But even more importantly, you and your business partner may have dreamt up your business model together, and there may have never been any question about working together in the future.

No matter who your business partner is though, a contract is necessary. Even if you have a solid plan and a verbal agreement in place, consult with experienced attorneys from The Bolender Law Firm for assistance in drafting a comprehensive written agreement so that all partners know what to expect from beginning to end. Here are five major details not to overlook:

  • Job titles – whether you decide to use conventional titles such as CEO or not, designate titles for each partner working within the company.
  • Delegation of responsibilities – while this may be something that changes from time to time, outlining work duties in the contract can prevent serious misunderstandings later, as well as warding off resentments from growing—assuming the details of the contract are being followed.
  • Pay and profit distributions – finances are one of the main issues that can land partners in court against one another, so this is another section of your partnership agreement which must be carefully thought out and prepared. Along with consulting your attorney, you may want to speak with an experienced accountant too.
  • Exit strategies – although this may seem awkward to discuss at first, it is a routine subject for many agreements, and knowing that a plan is in place can offer great peace of mind to everyone. Discuss what should happen to business shares in the company should a partner decide to leave. Also, decide ahead of time how to handle any partner’s shares should they die or become debilitated due to an illness or major accident. Even divorce should be discussed as there is the potential for a spouse to fight for a portion of business profits as they relate to personal assets.
  • Dispute resolution – this can be easy to overlook when everyone is getting along, but a dispute resolution clause allows you and your partners to decide ahead of time how to handle any potential legal issues. You can outline how a major disagreement is to be handled and where, whether through litigation or alternative methods such as mediation or arbitration, as well as deciding how any potential attorney’s fees would be paid.

If you are involved in a serious disagreement with partners or another business dispute, 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!

claims adjusters

Claims Adjusters: What Are Their Roles?

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For many policyholders, the insurance policy remains an intangible purchase—and one that is paid for but never really used except for offering the peace of mind that financial protection is in place and any state or governmental requirements are met—whether in terms of necessary coverage like worker’s compensation or perhaps car insurance. For others though, there may be numerous, valid insurance claims filed over a lifetime, from commercial insurance needs to personal ones regarding health or life insurance, homeowners, or more. If you had to file a claim in the past or are filing one now, you may be meeting a claims adjuster for the first time in your life. They will basically follow a claim from beginning to end.

The adjuster is responsible for investigating the claim initially—and if you have been in an accident due to the negligence of others, you may hear from them much more quickly than expected as they hope to open and close the case quickly—and often, before you get an attorney. The adjuster begins by collecting the facts from all parties involved, as well as examining the damage. They may need to conduct numerous interviews, including with any witnesses. The investigation should be thorough (this is really the most important part of their job) and means examining damages, reports, and statements on all sides. Afterward, the adjuster comes up with a settlement amount presented by the insurance company.

While in most cases any claims adjuster is all business and is not your friend (no matter how congenial they may be), they are someone to be watched very closely, and all communications should be handled with care; in fact, if you are involved in a case where the other party’s insurer should be paying a claim to you, the situation could become quite adversarial. Without expert legal help, your case could be significantly jeopardized, so consult with a skilled attorney as soon as possible for help—and then refer any claims adjusters to them. In most cases, the adjuster is acting in the interest of the insurer, and they are well-schooled in how to save money for their employers. They may even receive extra compensation or bonuses for doing so.

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!

claims

Claims: How Much Documentation Will the Insurer Require from Me?

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Even in a world that is becoming increasingly wireless—and paperless—there is still plenty of paperwork and documentation required for different services, whether you are operating on the business or personal level. From beginning to end, insurance is about the paperwork; in fact, that’s really all you will have to show for your expenditure as you walk away with a policy in hand, and the cost could be quite substantial for something that is virtually non-tangible.

Read Your Policy & Know What to Expect

Whether you are purchasing car insurance, life insurance, or a variety of different types of business insurance, documentation is required in the beginning and there may continue to be different requests and requirements. When it comes to a claim though, the insurer may ask for a surprising amount of information. This could be even further exaggerated if the insurer has another agenda, whether they are trying to rule out fraud or are practicing in bad faith and hoping to inconvenience you to the point of dropping a case.

A car accident case is usually a good example. If you were injured due to the negligence of another party, don’t be surprised to begin hearing from the other motorist’s insured almost immediately. You may have barely made it out of the doctor’s office or emergency room and into the garage before your phone starts ringing. If you are suddenly dealing with a physical challenge due to injury—and one that could be quite serious and even long-term—it may be extremely difficult to deal with the number of questions an adjuster wants to ask. They may also be trying to trip you up as you discuss the facts and then hope to pin some of the blame for the accident on you. Because of this it is in your best interest (and that of any potential legal case) to refer all insurance calls to your car accident or injury attorney.

Be Suspicious if the Insurer Asks for Inordinate Amounts of Paperwork

In an example like a car accident claim, you can expect requests for paperwork such as a copy of your license and insurance coverage, the accident report filed by local law enforcement, and any medical records. An experienced attorney will be well-apprised of the usual documentation required, and at alert if the insurance company seems to be trying to intimidate you into dropping the case or deny the claim altogether. For other types of insurance—and especially those with large settlement amounts at stake, the insurer may begin reaching far outside the realm of normal paperwork, asking for tax returns and other financial records as they build a case to show fraud or another problem that could feasibly cause the case to be dismissed or allow them to deny quickly.

The amount of information that can be requested is sometimes not clear, and you may have trouble finding that specifically outlined anywhere. If you suspect bad faith practices, call the Bolender Law Firm as soon as possible for help. Other red flags to watch for are lack of an investigation into the case, constant delays that don’t seem to have any rationale behind them, as well as an outright lowball offer.

Contact Us for Help!

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!

Fighting insurance companies

Fighting Insurance Companies When They Want to Underpay—Or Not Pay at All

Posted by Jeffrey Bolender on with 0 Comment

If you have filed a claim against and are having trouble getting paid, it may feel like a real struggle, as is common in fighting insurance companies. Not only that, you may already be dealing with enough stress, depending on why the claim was filed. You may have endured a car crash or motorcycle accident and need to recuperate or learn to adjust to an injury that has left you permanently debilitated. There may have been damage to your business causing you to lose significant income or perhaps there was catastrophic damage to your home. These challenges may leave you drained in many ways—and having to worry about whether the insurer is going to pay a valid insurance claim (and when) can cause enormous strain.

Refer All Adjuster Questions to Your Attorney

The claims process can be simple in many cases, while others require more complex investigations due to the nature of the incident. Adjusters are brought in to compile and evaluate information regarding what happened, whether it was a personal injury, property damage, or more. While they may hope to interview you (as well as any witnesses who were on the scene and proffered up contact information), it is in your interest to work with a skilled attorney who can handle the insurance company. And it is best to do so from the onset.

While the adjuster’s questions may seem harmless enough at first, keep in mind that their agenda is to see that the insurance company pays out as little as possible. They may begin delving much deeper, asking when you received medical care (examining how long it took you to seek help), requesting release of medical records, all related reports, and they may even want to tape your conversation(s). Hopefully all these requests, and all communication, are referred to your attorney who can decide what it is appropriate to share.

The Adjuster Assesses & Comes Up with Settlement Amount

Afterward, the adjuster should arrive at a figure for a settlement. If you are working without an attorney, you may find that they offer you a very low settlement; and while there may be greater respect from the insurer toward your case if you have legal representation, the adjuster may still offer a very low amount. There are various reasons behind this: that may be all you are owed realistically, they may not have gathered all the proper evidence, or sadly and more likely, it may just be that they are attempting to get out of paying the settlement you are owed. Insurance companies make billions of dollars in profits each year, and unfortunately, they are not your friend.

Contact Us for Help!

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

Insurance company investigations

Insurance Company Investigations: How They Are Performed

Posted by Jeffrey Bolender on with 0 Comment

If you have been injured or forced to file a claim with your insurance company for any number of reasons, most likely you want to see action as soon as possible, in the form of insurance company investigations. This could be the case for many different types of claims, but incidents where someone has been injured—and perhaps seriously—tend to be the most sensitive. Finances may be extremely tight too if you have been harmed due to the negligence of others and suddenly cannot work or must stay home to care for a family member who is suffering.

Car accidents are a typical example. If you were hit by another motorist who may have been reckless for any number of reasons ranging from distracted driving to drunk driving, drowsy driving, speeding, or more, it could be that the insurance adjuster for the other party is on top of things at an alarmingly fast speed. They may be calling immediately, asking for police reports, medical documents, and squeezing you for information regarding any injuries. Although they are doing their job and can be quite good at seeming like they care about your well-being, most adjusters are skilled at what they do. This often includes receiving extra compensation for settling for as little as possible and clearing out cases as quickly as possible.

Investigation begins with the obvious, in finding out details about the case. And while the adjustor may want to get much of the information from you, this is where you will need to refer them to your auto accident attorney (or, if the insurance agency is denying your claim in bad faith, consult with a skilled insurance lawyer from a firm like the Bolender Law Firm). Along with information from law enforcement who were on the scene and any medical professionals who treated you, the adjuster will probably want to talk to witnesses if contact information is available for any of them too. They may request photos from the accident as well as asking to look at your car and take more pictures for their files. The adjuster will often visit the scene of the accident for further documentation.

Once they have finished their investigation, the adjuster will arrive at a settlement amount. This may be much less than what they should pay you, which is why you need an experienced attorney to represent you. If the insurance company does not seem to be investigating the accident or if they have presented you with a lowball offer, there is the possibility they are acting in bad faith. 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!