Insurance Coverage Disputes and Bad Faith Claims

However, sometimes, the insurance company unreasonably denies or delays payment of benefits, fails to provide coverage or fails to settle the case within the limits of the insurance policy. If this has happened to you, you have likely suffered "insurance bad faith," and you may need to hire an insurance disputes lawyer that can get you the benefits to which you are entitled.

If you or a family member has struggled with an insurance claim, Montana Attorney Solomon Neuhardt and the Neuhardt Law Firm can help you. Having substantial experience with insurance disputes and bad faith claims and trying may of these cases in court, the Neuhardt Law Firm has the skill and expertise necessary to help you

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Top Ten Tips to effectively battle your insurance compant

Description:

CNN offers tips to effectively battle your insurance company after a car accident or personal injury.

Allstate's Deceptive Advertising Campaign Sinks To A New Low

These days advertising campaigns are designed to do more than just make consumers aware of products that they may need. They are also designed to create public perceptions that will help drive and influence other behaviors on a social level-to change the way they think.

An excellent case in point is a recent Allstate commercial that directly attempts to shape how people think about "greedy attorneys" and "frivolous lawsuits." In general, Allstate has three clear objectives for its advertising campaigns. One objective is to increase revenue by increasing the number of new customers.

Another objective is to generate additional revenue by persuading existing customers to increase their coverage . And finally, Allstate wants to minimize jury awards in personal injury cases by creating a negative perception among potential jurors of these cases and the attorneys that handle them.

The most recent example of Allstate's campaign is a television ad showing a court room scene. The ad shows a judge entering a judgment against a young man (defendant) in the amount of $100,000. The ad suggests that there has just been a trial and the verdict is being announced. The ad also suggests that the case involved a car accident. The defendant and his lawyer clearly look upset, which suggests that the man's insurance policy will not be enough to pay the full $100,000 judgment.

The ad then shows the plaintiff's attorney and his client discuss whether the defendant has a college fund that can be used to pay the balance of the judgment. The parents of the defendant look extremely upset. They ask the defense attorney, "Can they do that?" And he replies, "Yes, they can." Clearly, Allstate's goal for the ad is to scare people into thinking that they need more insurance coverage or else ruthless attorneys will go after their personal assets if they are sued for an accident.

Well, this scenario rarely, if ever happens. Here's why. First, most attorneys will not incur the substantial expense and time necessary to go to trial if a defendant's policy limits has already been tendered to settle a claim. By doing so, the attorney is essentially spending thousands of dollars with little if any guarantee that the expense will be recouped. Second, getting a judgment is only half the battle. Then you have to attempt to collect on that judgment. This is a time-consuming and expensive process. Again, there are additional costs involved in the collection procedures. The defendant debtor may also declare bankruptcy which could discharge the entire judgment and the attorney is then out thousands of dollars that have been incurred to go to trial. The bankruptcy laws also protect certain assets like a home and a retirement account. So these assets may not even be touched.

Here is what usually happens in this type of case. The plaintiff's attorney asks Allstate to pay out its insured's policy limits to settle the case. In return, the plaintiff will agree to dismiss his claims and not get a judgment against the defendant personally. Allstate refuses. This forces the plaintiff's attorney to go to trial just to get a judgment so the policy limits can be recovered. If the jury renders a verdict that is more than the defendant's policy limits, then the defendant has a claim against Allstate for its negligent refusal to settle the claim within the limits of the policy. When this occurs, the defendant will usually assign his rights against Allstate to the plaintiff in exchange for the plaintiff not going after his personal assets. Then, Allstate will either appeal the case or pay the entire judgment. Why is this the usual scenario? Because it has happened to at least three (3) of my clients in the last 4 years.

Expect More "Deny, Delay, Defend" Tactics As Insurance Company Profits Decrease

The nation's property-and-casualty insurance companies have suffered a combined 53% decline in profits during the first half of 2008. Insurers' earnings dropped to $16 billion the first six months of the ear from $35 billion in the same period last year.

Industry wide, first-half premium revenue was down for the first time since 2005 while claims jumped by 13.6%, or $20 billion. Allstate, a division of Allstate Insurance Group reported a profit drop of $1.5 billion, more than any other insurer. The percentage decline was 61.5%.

So what does this mean to you, the insurance customer? It means that in the near future you will likely experience higher insurance premiums/rates and increased deductibles. If you are unfortunate enough to be in a car accident you can expect the insurance companies will be even more aggressive than ever when it comes to delaying, denying, and defending against claims.

Now more than ever it is important to be an educated consumer. Information is your greatest ally and most powerful weapon when dealing with insurance companies.

Tips For Getting The Best Car Insurance Rate

Auto insurance is always a must and it is a law in every state. Not only is it required by law, it's just a good piece of mind knowing that you, your loved ones and the other driver are insured when you are out on the road. Whether you are looking for a quote on car insurance or looking for tips on how you can save money, you will be glad to know that it really doesn't take a lot of effort or time to get the best possible rate for your car.

Here are some Tips For Getting The Best Possible Automobile Rates For Your Insurance Needs:

Check Your Credit Score.

It's very important for you to know your credit score, as the higher your score, means a better insurance quote.

It's important knowing that according to the Fair Credit Reporting Act, auto insurance companies are allowed to review your credit history through credit history reports. These companies can do this without you, (the policy holder) even knowing, which helps determine your insurance premium.

If there are negative comments on your credit, try to resolve any of those issues before inquiring about insurance quotes. Contact the company or companies that have noted any negative comments on your credit report and ask them what you need to do to have those comments removed from your report.

You can also seek attorneys who specialize in credit repair.

Auto insurance companies will reward those with a higher credit score as it is believed that those who have a higher score are more responsible and will submit less claims, which of course costs the insurance companies less money.

Insure All Of Your Vehicles With One Insurance Carrier.

You will get a discount for multiple vehicles insured with the insurance company.

Also, if you own a home, insure your house as well, for even better savings!

Check Your Driving Record With The Motor Vehicle Services Division.

If you know that you don't have any citations on your record, don't worry about this.

If you do have a citation on your record, make sure that you pay any unpaid fines so that the state does not suspend your license. If you believe that you were cited for something that you are not guilty of, you can contest the citation in court.

Simply request a hearing if you believe you are not responsible for any of the cited violations. You may also request the court to set a date for a civil traffic hearing. Typically this request can be made in person or by mail; call ahead to save time.

Be Honest With All Of Your Questions On The Insurance Application For Your Auto Insurance. This should go without saying, but it is very important that you are truthful with each and every question. Auto insurance companies can deny you coverage if they discover that you provided false information. Auto insurance laws allow a 60-day discovery period, which enables insurance companies to cancel an insurance policy for non-demographic reasons.

Examples of these reasons may include: race, religion, ethnicity, location, color. If an applicant lies on the initial application and the insurance company is made aware of this, by law, they may cancel your policy.

Ask About Discounts For Driver's Education.

Many companies offer discounts for approved driver education or safety classes. Insurance companies view these educational classes as a benefit to them, as it is their belief that you will have learned some very important driving tips in which you will hopefully apply every time that you get behind the wheel.

By attending these driving classes, you can sometimes save a good 5-10 percent off your premiums, which can really add up and provide you with a very attractive automobile insurance quote which in turn, allows you to save money on car insurance.

If you want to insure your car with the best possible rates, there are many ways to save money and insurance companies look favorably on drivers who take the time to not only save money, but also credit you for wanting to become a safer driver. Insurance companies appreciate drivers who participate in these classes because it means less claims for them to process, more importantly, it means less money that they have to pay out on these claims.

Before signing up for a driving class though, contact your auto Insurance company and make sure that they recognize the class that you are considering participating in.

Allstate gives documents to regulator

Allstate Corp., the nation's largest publicly traded home and auto insurer, has turned over material it considers trade secrets to the Florida regulator trying to bar the company from selling new policies in the state.

The Northbrook-based insurer provided documents from consultant McKinsey and Co. related to claims processing, company spokesman Adam Shores said Thursday. The records were subpoenaed along with other files last year by Florida Insurance Commissioner Kevin McCarty.

"We are supplying documents to the Office of Insurance Regulation on a weekly basis, and we intend to continue doing this until they are satisfied," Shores said.

Last week, McCarty barred Allstate from writing new policies in the state because he said the company hadn't complied with the subpoena. That suspension was overturned by a Florida court Jan. 18, and the commissioner is seeking to reinstate it. McCarty is investigating possible collusion in the insurance industry.
Lawyers for the commissioner received the latest batch of documents from Allstate on Wednesday and are reviewing them, Tom Zutell, a spokesman for McCarty's office, said Thursday. The commissioner won't withdraw his efforts to reinstate the company's suspension, he said.

"It changes nothing" because McCarty still isn't satisfied with the insurer's level of cooperation, Zutell said. Florida is trying to lower home insurance rates that soared after record hurricane seasons in 2004 and 2005. Allstate has been shedding residential customers in Florida since 2004 while expanding its auto business in the state, which accounts for about 10 percent of its car policy sales.

The documents won't be released to the public during the investigation, said Ed Domansky, another spokesman for the insurance office. If Allstate wants to prevent the publication of the records at the end of the probe, itmight have to convince a court they are trade secrets, he said.

McKinsey produced about 13,000 pages of documents for Allstate in the 1990s as it developed methods for the insurer to become more profitable by paying less in claims, according to videotaped evidence presented in Fayette Circuit Court in Lexington, Ky., in a civil case involving a 1997 car accident.

Source: Bloomberg News

Frequent Questions for Insurance Coverage Disputes and Bad Faith Claims:

What does the term insurance "bad faith" mean?

Q: What does the term insurance "bad faith" mean?

A: "Bad faith" refers to an unreasonable or unfair conduct by an insurance company

What Are Some Examples of Bad Faith Conduct?

Q: What Are Some Examples of Bad Faith Conduct?

A:
. Unreasonable denial or termination of an insurance claim that should have been paid

. Unreasonable delay in making payments to the policyholder

. Unreasonable failure to defend a policyholder who has been sued under a policy containing a liability provision

. Unreasonably attempting to under-settle or lowball the payment of a claim.

if my insurance company denies my claim, do I have any rights?

Q: If my insurance company denies my claim, do I have any rights?

A: If an insurance company fails or refuses to honor its contract and pay a valid claim, you have the right to bring a civil action for damages against that insurance company. In addition to suing for a "breach of contract", you might be able to bring a "tort" claim seeking damages based upon the insurer's "bad faith" handling of the claim.

Web Resources for Insurance Coverage Disputes and Bad Faith Claims:

. Insurance Information Institute: Auto Insurance Facts

Description: The average cost of automobile insurance declined by 1.3 percent in 2005, according to a September 2007 report from the National Association of Insurance Commissioners (NAIC). See more interesting car insurance facts.

. AllstateInsuranceSucks.com

Description:

Forbes picks AllstateInsuranceSucks.com as #1 Corporate Complaint Site.

. Fight Bad-faith Insurance Companies (FBIC)

Description: FBIC (Fight Bad-faith Insurance Companies) is a non-profit consumer advocacy organization which specializes in uncovering today's alleged fraudulent multi-billion dollar bad-faith non-payment of claims rip-offs by the powerful Insurance Industry.

Americans For Insurance Reform

Description: Americans for Insurance Reform (AIR) is a national coalition of public interest organizations that support effective insurance industry reforms to control skyrocketing insurance rates, reduced insurance coverage, arbitrary policy cancellations, mismanagement and other insurance industry abuses

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