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Insurance Litigation

The majority of individuals and households nationwide take out insurance premiums and policies to protect themselves and their property in the event of an unforeseen circumstance. However, in the aftermath of an incident, insurance claims are not always so straightforward.

Understanding Insurance Litigation

Insurance litigation becomes necessary when the insurance company and policyholder are unable to come to an agreement following an incident. Several common issues may occur such as the denial of a valid claim, undue delays in investigating a claim or refusal to make a reasonable settlement offer. To have a valid insurance litigation claim, the policyholder must have suffered some form of damage by the insurance company’s actions or lack of action.

Why Should You Hire Attorneys For Insurance Litigation?

When you purchase an insurance policy, it is done out of good faith that the company has you covered in the event of future financial hardship caused by an unexpected circumstance. However, when the insurance company fails to abide by the terms of the policy in extending a settlement to you, processing your claim, or investigating it, it can be said that they have acted in “bad faith”. Hiring an insurance litigation attorney will be in your best interests when it comes to securing the financial compensation that is your due.

Common FAQs About Insurance Litigation

What does ‘bad faith’ mean?

When it is said that an insurance company has acted in bad faith, this does not refer to any one particular action. It depends on the specific circumstances of your case. For instance, if they have refused to make a reasonable settlement despite your case fitting the terms of the policy, they can be said to have acted in bad faith. In another case, they may have dragged out investigations to the point that your stature of limitations is almost up, and this can be considered another case of having acted in bad faith.

What standard of care do insurance companies owe their policyholders?

Just as doctors have a duty of care to their patients, insurers owe a duty of care to policyholders. This includes a duty to pay a judgment up to the limit of coverage, defend a claim that fits the terms of the policy and provide the agreed-upon benefits according to the terms they have agreed to with the policyholder.

What Should I Do if My Insurance Claim Is Denied?

If your insurance claim is denied:

  • Review the denial letter: Understand the reasons for denial.
  • Gather documentation: Collect all relevant documents, including the policy, claim forms, and correspondence.
  • Contact the insurer: Try to resolve the issue directly with the insurance company.
  • Seek legal advice: Consult an attorney if the issue remains unresolved.

What Role Does an Attorney Play in Insurance Litigation?

An attorney can:

  • Evaluate the merits of your case.
  • Advise you on legal strategies.
  • Represent you in negotiations and court.
  • Gather and present evidence.
  • Advocate for your rights and seek the best possible outcome.

What Is Subrogation in Insurance?

Subrogation is when an insurance company seeks reimbursement from the party responsible for the loss after paying a claim to the policyholder. This helps insurers recover their costs and keep premiums lower.

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