You paid the premium on a policy of insurance, and now you have had a loss or a claim.  You thought your insurance would cover the loss, but you are being told that it does not or that the amount of the coverage is woefully small.  As insurance carriers become more and more obsessed with the “bottom line” in their operations, it is once again the fashion to nickel and dime the insured.

We know how to deal with insurance carriers who want to take this course.  California law gives policy holders numerous rights and remedies when confronted with a recalcitrant insurance carrier. 

The first step is to make a realistic assessment of whether the insured’s belief in coverage is well founded.  The course of dealings between the insured and his or her agent and insurer will be evaluated.  The literature distributed by the carrier to sell its insurance products often lauds the broad scope of its coverage, and such materials are often helpful and shed light on the insured’s legitimate expectation of coverage.  Other sources of information are also explored.

If there is a case for coverage, then the next step is to try to reason with the insurer.  If relations with the primary claims representative have become difficult, then often the best move is to get the attention of someone else in the company, perhaps a supervisor or manager.  Litigation is not something to pursue lightly, and if at all possible, a serious effort is made at this level to resolve the claim without a lawsuit and without protracted legal efforts and proceedings.  In many cases, we are successful in reaching a fair resolution of the matter without the need to file a lawsuit. 

If all efforts at cooperative resolution fail, then it may be necessary to file a civil action.  The costs and benefits of this course of action will be reviewed with the client in detail.  The firm understands how insurance companies operate and what “paper trails” they create (or are suppose to create) when they do their work.  Those trails will be explored in depth, and if the company is cutting corners or breaking its own rules, we will find out.  All too often, the companies take unjustified positions which are self-serving because they just don’t want to spend the money to do things the right way.   We have represented numerous insurers and have defended them in bad faith cases.  We understand the strengths and weaknesses of their handing of claims.