There is an old saying that insurance is good to have until you need it. It is no secret that insurance companies resist paying claims, whether brought by a third party injured person, or their own customer or policyholder. The law permits an insurance company to fight a claim, but it must be honest about it. An insurance company cannot lie, or deceive, or misrepresent any material issue like coverage amounts, policy provisions, or exclusions. Nor can an insurance company lie about the results or information flowing from any investigation it may have done on the claim. Claims are occasionally denied, particularly in claims for Accidental Death Disability benefits, or as to whether a medical procedure is covered based solely upon the insurance company’s conclusion as to whether it is obligated to pay a claim. The law prohibits the insurance company from engaging in any dishonest act that would possibly relieve it from the obligation to pay for damages, known as Wrongful Denial of Claim.
- CATASTROPHIC INJURY
Injuries that result from the failure of others to act reasonably, as an ordinary person would be or from intentional acts of another gives rise to a claim for negligence. Personal injury claims can include both physical and/or emotional injury and may be catastrophic in proportion.
- CLASS ACTION
When a class of people are injured, misled or damaged by the conduct of a wrongdoer, the power and strength in their numbers may justify an action brought by the group that have been injured as a whole or class of individuals rather than a single claim. These are claims that otherwise would not be economically viable as an individual action brought by an individual claimant.
Whether the loss or injury arises from fraud or misrepresentation by a corporation about their product, and its benefits or their profitability for the purposes of increasing stock price, a group of consumers that have received improper charges on their billing statements or credit cards, or a group of people exposed to and injured by a dangerous chemical in their neighborhood, the position of the class or group of individuals may enhance the position of any one individual warranting a class action.
- STOCKBROKER MISCONDUCT
- INSURANCE LAW
- SMALL BUSINESS