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.
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.
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.
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.
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.
If your insurance claim is denied:
An attorney can:
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.
In representing both small businesses and employees, our philosophy is to provide employers with the necessary information and training to ensure a safe and productive workplace. In regard to employees whether dealing with discrimination, sexual harassment, hostile workplace, medical leave or other workplace issues we can provide guidance and peace of mind.
Carcich O’Shea, LLC is dedicated to bringing justice to your
situation. We listen to your situation and provide the best possible way to get a settlement from your
claims. You’re hiring top-notch attorneys by working with us! Mr. Carcich was recently selected for
Super Lawyers, whereas Ms. O’Shea has been named in (201) Magazine’s “Bergen’s Best Attorneys”. We will
manage your case from beginning to end.
If you have more questions about our legal expertise in employment litigation, feel free to contact
us today. Alternatively, you may call us at 201-988-1308 or send an email to
carcichoshea@gmail.com
.
Sheila represented me in two relatively complicated employment litigation matters, both of which resulted in favorable outcomes for me. Sheila impressed me as knowledgeable, accessible, diligent, and exceedingly professional. Her excellent “bedside manner” helped to minimize stress that I know is somewhat inevitable in litigation. I highly recommend Sheila to prospective clients wholeheartedly and without reservation.
I retained the services of Sheila O’Shea-Criscione to represent me against harassment and discrimination in my place of work. She came highly recommended and did not disappoint. Sheila directed me to the right course of action, clearly explaining each step and expected outcome. She was consistently available via phone, email, or text for emotional and professional support. Sheila is an excellent attorney and a warm, kind person. In the midst of a difficult situation, she paved the way to a successful outcome. I am a stronger and more confident person thanks to Sheila!
Sincerely,
Marie Coschigano
After numerous harassment and bullying encounter with my superiors, I was desperate for guidance and help as to what my legal rights were to try and put a stop to this behavior.
I turned to a number of attorneys. After talking on the phone, all declined to take my case. Sheila was the only one who took my call and then invited me to her office to explain my situation, from that first meeting until she resolved the case, she guided and supported me. She was never tired of my phone calls and text messages. There were times when I was on the verge of resigning, but she encouraged me and told me to hang in there and be patient. She was convinced of a positive outcome if we stuck with her “game plan” even when I became skeptical and began to doubt the direction we were going.
If you should ever need legal assistance, I highly recommend Sheila – a great lawyer and a wonderful person.