Specializing inInsurance coverage litigation issues

FAQs

Maybe you can help?

Not always, but we are always willing to listen. And, frequently, that is sufficient. Many people just want an opportunity to explain their side of the story and, hopefully, have someone listen. The key to representation is to be good, patient listener.

My insurance company denied my claim and I don’t understand why.

Many people make claims and then expect their insurer to accept the claim and do whatever they expected the insurer to be required to do under the policy. Then, they speak with an adjuster who tells them that there is no coverage under the policy for the claim that was made. Thereafter, they get a letter from the company, frequently called a Reservation of Rights or Denial Letter. At some point, frequently before the letter, they begin to look for an attorney. Read the letter and compare the letter, which is to be specific as to the policy, with the policy. Unfortunately, policies are complicated and not often clear, especially when the policy holder is upset. We will review your matter, the letter [and any other company document], and the policy, and then explain to you the company’s position.

Why won’t my insurance company pay [or defend].

On the one hand, insurance companies are not in the business of paying claims, they are in the business of making money. On the other, they are obligated to fulfill their contractual obligations as those are set out in the insurance policy. If, in their determination, the claim is proper and valid and should be paid, or the policy holder should be defended, the insurer will do so. It, in its determination they conclude otherwise, they will not. It is up to us to determine if their position is proper, or not.

I want to sue my insurance company.

That’s nice, but it is truly putting the cart before the horse. In order to sue the insurance company you have to have a legitimate basis on which to do so, and the determination of that basis comes after a thorough review of the available documents, conferences with you, and an analysis of the issues. And, remember, there are usually 3 sides to every story.

Will you sue my insurance company?

Yes, provided that we are satisfied that there is a legitimate and justiciable claim to bring forth.

How long will the lawsuit take?

The courts have been pretty good about moving matters along. Delays occur when one side refuses to participate in the process, making discovery difficult, engaging in needless motion practice and, of course, scheduling depositions and facilitation hearings can be difficult. From our perspective, however, we do everything we can to move the matter along, working within the system and keeping pressure on the opposition.

How much is this going to cost me?

It frequently costs as much to litigate a claim of nominal value as it does to litigate a claim of potentially high dollars. We see many claims of nominal value which are good and proper claims, but the cost of pursuing them frequently outweighs the benefit which the client may achieve. In those matters, it is not in the policy holders’ interests to pursue litigation. Other cases may involve the elderly and may prove more stressful than beneficial. We assess each matter on a case-by-case basis to determine not only the viability of the claim but also the chances and substance of recovery, and weigh that against the well-being of the policy holder.

When should I get an attorney involved?

As soon as possible, if not sooner! Too often too many with legitimate issues that lend themselves to relatively quick fixes wait too long to consult with an attorney. The consequence: lost rights and higher fees.

Similarly, many consult with an attorney and then adopt a “wait and see” attitude. Unfortunately, by the time they decide they have waited long enough and seen enough it is too late to do much.

Many issues and problems can be resolved with a letter or a phone call, and many cannot. And, the sooner that is determined, the more quickly you can take steps to protect your rights and pursue your remedies. And too many times we have seen legitimate, good, solid cases lost because of the passage of time.

Do not hesitate to call or email us with your questions.