Insurance Law - An Overview

Most people own at least some type of insurance, such as auto, health, life, home, disability, fire/casualty, renters, title, marine, or long-term care insurance. Businesses and professionals often also take out insurance, including small business, liability, and workers compensation insurance. Insurance law primarily revolves around issues arising out of a contract between the insurance company and the insured party. Generally, an insurance contract distributes some type of risk among a substantial number of members through an insurer, typically an insurance company. If you are facing insurance law issues or have questions about an insurance policy claim or related coverage matters, contact our firm to schedule a consultation with an attorney.

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Filing Claims with Your Insurance Company

Typically, an insurance policy includes specific requirements that insured individuals must follow to receive any proceeds from their insurance policies. First, insurance companies usually require the insured party to give notice of any loss immediately to the insurer. Generally, an insured must inform the insurance company of his or her loss within a reasonable time. The insurer can then investigate the claim and gather information while the circumstances surrounding the loss are fresh and recent, and the insurance company can take additional steps to prevent future loss.

In addition, some insurance policies include time limitations, often set out by state statute. These restrictions disallow an action to be brought against the insurance policy after a specific period of time, such as one year, after the date of loss.

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Uninsured and Underinsured Motorist Coverage

If you drive a car, you need to purchase automobile insurance. In fact, in many states, car insurance is mandated by law. Regardless of your state's law, it is important to protect yourself, your loved ones, and other drivers by having insurance. However, some drivers do not have insurance or carry insurance that is insufficient to cover personal injuries in the event of an accident. Uninsured and underinsured motorist coverage comes into play in these situations. If you have questions about uninsured or underinsured motorist coverage, contact our firm to schedule a consultation with an attorney.

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Defense of Claims

Most insurance policies include a clause that places the duty to defend any action initiated by a third party against an insured individual on the insurance company as long as the cause of action is covered by the policy. Insurance companies have a duty to defend an insured individual even if an allegation is groundless, false, or fraudulent; thus, an insurance company may be required to defend an insured even if no obligation to pay out proceeds exists. An insurance company must defend an insured party any time an action is filed against the insured individual where the allegations of a third party would result in a claim; however, an insurance company is only obligated to pay out proceeds to the insured party if there is a legal obligation to pay.

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Coverage and Bad Faith Insurance Claims

A bad faith insurance claim may arise when an insurer has wrongfully failed to pay the claim of an insured. In a bad faith claim, often the insurance company believes the claim is not covered under the insurance policy and denies the claim. Many situations can result in a bad faith insurance claim, including a delayed claim investigation, insufficient claim investigation, unreasonable delay of payment, and unreasonable denial of claim benefits.

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Insurance Law Resource Links

Online Lawyer Source
Online Lawyer Source is a Web site that is built and maintained by law firms and legal associations around the country. This Web site provides legal information and news about a wide variety of legal topics.

Cornell Law School Legal Information Institute
This Web site is maintained by Cornell Law School and provides legal information about a wide variety of legal topics, including insurance law. This site also offers all opinions of the United States Supreme Court since 1992.

Insure.com
This Web site provides general information about different types of insurance, what types of insurance are good for different consumers, and some basic insurance law information.

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Frequently Asked Questions about Insurance Law

Q: How do I file a claim with my insurance company?

A: The first thing to do is to read your written contract with your insurance company. If you do not have a paper copy, contact your insurance company and request a current copy. The process for filing a claim should be included in the terms of your insurance contract. If you have any questions, check your insurance company's Web site, contact your local insurance company representative, or call your insurance company's customer service number. Overall, read and become familiar with your policy. As an insured, you are responsible for reading the fine print and understanding the terms of your insurance policy.

Generally, insurance companies require notice of any loss for which you will be filing a claim. You should notify your insurance company of any loss within a reasonable period of time. Most policies require an insured to file a "proof of loss" document, describing the details of the loss, and attesting to the truth of the claim. Often an appraisal must be obtained to assess the value of property damage. In addition, the insured must take adequate steps to prevent any subsequent damage. Lastly, it is important to maintain good records, including receipts, warranties, proof of ownership, etc.

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