INSURANCE

Our firm has many years of experience handling insurance disputes.  We represent consumers in cases involving claims for benefits and denial of coverage.

The insurance industry is extremely profitable and powerful.  They did not get to be profitable and powerful by giving away benefits.  The industry is, in many ways, similar to the gaming industry.  The casinos set the odds in a way that they are confident will work in their long term favor.  Insurance companies do the same thing.  They make money by charging premiums for policies that are supposed to provide protection and benefits to the consumer.  They then invest the premium dollars to earn profits.  When claims are made on policies, these are in simplest terms losses for the insurance companies.  Every dollar saved on claims is a dollar that can be invested at a profit for the insurance industry.  Is it any wonder that in this “game” the odds are often rigged in favor of the company and against the ordinary policy holder?

The law of insurance coverage is complex and each policy of insurance, even a relatively simple automobile or homeowner’s policy, contains numerous arcane and obscure terms that may restrict or eliminate coverages that an ordinary consumer might not realize.  Those terms and conditions and complex inter-relationship of modifying and qualifying clauses and fine print can often be used to deny or restrict the benefits of the insurance policy.  Most people never even give this a thought until it comes time to make a claim on the insurance that they may have had for years.  Then things may get considerably more testy.  When benefits are denied improperly or legitimate claims are wrongfully rejected by the insurance carrier, our firm represents consumers to even the playing field and help our clients get what they paid for - the reasonable and legitimate benefits of the insurance contract.

The law in California and most other states imposes a duty on insurance companies to act in good faith toward policy holders.  A breach of this duty of good faith and fair dealing will provide grounds for suit and for recovery by the policy holder of all damages caused by the insurer’s wrongful conduct.  This can include:

1. 1.insurance benefits that would be owed under the contract
   

2. 2.resulting economic damages due to the insurer’s breach of the promise of good faith and fair dealing
   

3. 3.emotional distress caused by the conduct, and
   

4. 4.punitive damages if the insurer’s conduct was malicious, fraudulent or oppressive and in conscious disregard of its duties of good faith owed to the insured.
   

If you believe you have a potential case concerning an insurance matter, please contact any of the attorneys at our office at 949.474.3004.