Insurance Law Attorneys Providing Representation to Clients Nationwide
An insurance lawyer from Advocate Law Group, PC will vigorously represent your rights under the law. You pay insurance premiums with the understanding that your insurance company will cover insurance payments due to events such as a disability, fire, or health problems. With over 60 years combined legal experience, our attorneys offer the knowledge and resources necessary to oppose the insurance companies' bad faith actions.
For a free case review to determine if Advocate Law Group, PC can help you obtain the benefits to which you are entitled under your insurance policy, please complete our contact form or call us toll free 866-331-3446. We do not charge lawyer's fees until we obtain compensation for you.
What follows is information regarding insurance. This information is not all-inclusive, and we encourage clients to call us with specific questions.
Insurance Law - An Overview
Most people own at least some type of insurance, such as auto, health, life, home, disability, fire/casualty, renters, title, marine, or long-term care insurance. Businesses and professionals often also take out insurance, including small business, liability, and workers compensation insurance. Insurance law primarily revolves around issues arising out of a contract between the insurance company and the insured party. Generally, an insurance contract distributes some type of risk among a substantial number of members through an insurer, typically an insurance company.
If you are facing insurance law issues or have questions about an insurance policy claim or related coverage matters, contact our firm to schedule a consultation with an attorney.
Role of Insurance Companies - The Insurer as an Underwriter
In an insurance policy or contract, the insurance company takes on the role of an underwriter, meaning the insurance company establishes and receives a premium for the period in which the insurance is provided. Premiums include the amount of money necessary to cover all costs, including paying proceeds on losses under the insurance policy, establishing legitimate contracts that conform with state and federal regulations, investigating legitimate claims, defending against fraudulent claims, and engaging in educational efforts to minimize loss. The insurance company then becomes personally liable to pay the proceeds of any loss under the insurance policy.
Coverage of Claims and Filing a Claim
Typically, an insurance policy includes specific requirements that an insured must follow in order to receive any proceeds from his or her policy. Many people never read their insurance policies, and when they must file a claim, they are surprised to learn that they have not followed important requirements. These requirements generally include guidelines regarding notice of a claim, timeliness in filing of a claim, proof of loss, appraisal, and prevention of subsequent damage. To prevent delay or denial of your claim it is also important to maintain good records of insured items, including receipts, warranties, and valuation documents. In addition, it is crucial that all insured parties understand and be aware of the specific requirements outlined in their insurance policies. To learn about your insurance company's requirements for filing a claim, contact your insurance company and request a copy of your insurance company's policies and procedures, as well as a copy of your specific policy.
If you need to file a claim, are having difficulties filing a claim with your insurance company, or have questions about coverage of your claim, contact our firm to schedule a consultation with an attorney.
Bad Faith and Refusal of Claims
Bad faith claims are situations where claimants sue the insurer for improperly denying valid claims. This cause of action has been adopted by most states to further protect insured individuals in their interactions with insurance companies. A bad faith cause of action is a combination of a tort and a contract claim. This action is based on a fundamental principal of contract law that there is an implied covenant of good faith and fair dealing on both sides of every contract.
If you believe your claim has been wrongly denied or refused or that you have been the victim of a bad faith failure to pay a claim, contact an attorney at our firm for more information about your situation.
Duty to Defend and Defense of Claims
Generally, insurance policies include a clause that places the duty to defend an insured individual on the insurance company as long as the cause of action is covered by the policy. Insurance companies have a duty to defend an insured individual, even if an allegation is false, fraudulent, or groundless; however, in these situations, the insurance company may not have to pay out proceeds to the insured party based on the invalidity of the claim. If an insurance company fails to uphold its duty to defend an insured party against a third party claim, the insurance company may be held liable for the damages.
If your insurance company has not upheld its obligation to defend you against a claim brought by a third party, contact an attorney at our firm for assistance.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
