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Insurance and Reinsurance Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Insurance and Reinsurance.

What to Do if Your Auto Insurance Claim is Denied

Auto insurance companies make money by denying claims. Learn the common reasons for denial so that you can prevent them from denying your claim. You deserve compensation after an accident, so don't let the insurance company take advantage of you.

Examinations Under Oath in North Carolina

This Article examines the procedure in the handling of an insurance claim referred to as an "Examination Under Oath." It addresses the Insurer's right to conduct this process, the Insured's duty to cooperate, the effect of the failure of the Insured to submit to the Examination, and the general nature of an Examination Under Oath in North Carolina.

Life Insurance During Retirement

For many people life insurance is an important safety net for their loved ones. With a life insurance policy you know that your family will be financially secure even if something was to happen and you could no longer provide for them. When you have a young family, there is no doubt that life insurance is very important, but is it as important once you are retired?

Concussion: Serious Head Injuries after an Oregon Car Accident

If you have been in a car accident, and received a concussion, you need to be very careful. Concussions can be a sign of a more serious head injury. You will want to be examined for a more serious brain injury and make sure you receive all the medical treatment you need. A concussion is the term for when your head gets hit so hard that your brain moves back and forth within your skull.

Could Plaintiffs Have Received Greater Damages had they Not Settled with Farmer Insurance?

In late 2011, Farmers Insurance Company settled a nationwide class action lawsuit arising from failure to pay reasonable medical expenses for personal injury claims made following auto accidents. According to a Los Angeles, California spokesman for the company, Farmers is pleased to have resolved the matter, although court documents indicate that Farmers settled without admitting guilt but instead chose to settle to avoid the expense of a trial.

Seven Steps to Set Your Pest Control Company Apart from Your Competitors

The appearance of your pest control technician matters. How something or someone looks impacts customers and their experience with your company. Study after study shows that consumers purchase with their eyes. Presentation matters. There is no doubt that how something or someone looks impacts customers and their experience with your company. Study after study shows that consumers purchase with their eyes.

During Insurance Claim: Requests from Your Insurance Company

If you look at your insurance policy, it will probably have a section stating that you have a duty or obligation to cooperate with your insurance company. What that means is explored here. Most, if not all, insurance policies will contain a provision or provisions that require the policyholder (or anyone defined as an "insured") to cooperate with the company. In fact, this language will typically state that it is a "duty" to cooperate.

Do You Know and Understand Your Insurance Coverage or...

Business owners and individuals know they need insurance. But often they buy insurance products without a full understanding of what they are getting – or much worse, not getting! Many times a business owners claims to have "great insurance" and doesn't have any idea of what is covered and what is excluded.

Insurance Business Model Raises Questions about Payment of Claims

According to legal sources, insurance industry is bound by law to act in good faith with its customers. However, critics of the industry say that in the mid-1990s a new profit-hungry insurance business model, combined with weak regulation, sent the industry in the wrong direction.

Can I Sue My Insurance Company if They Treat Me Unfairly?

Your insurance policy is a contract. It is an agreement where you pay premiums in exchange for the insurance company's promise to pay when a covered "loss" happens. But, what do you do if a "loss" happens but the company refuses to pay all or part of what is owed?

Hit and Run Car Accidents and Insurance Coverage

A hit and run car accident can be a difficult situation because if the striking vehicle is not found or identified, then there is no "at fault" or "liability" insurance company. However, you might be able to recover for damages.

It’s a Myth – Auto Accident – “Just Being There”

In talking to clients and prospective clients I often hear them remark that anyone involved in an accident is negligent “just for being there”. That is a myth, an urban legend, and something the insurance companies would like you to believe.

Life Insurance in Estate Planning

Life insurance is a key component to the estate planning process. Gone are the days when life insurance was primarily thought of as a means to pay for funeral expenses and burials.

Oregon Insurance Bad Faith Claims

If you've been trying and trying to work with the insurance company to get compensation after an accident, and they haven't been working with you, you might need to try something new - a bad faith claim.

What Happens to My Life Insurance Policy After I Die?

Many people choose to invest in life insurance. This can be a great way to offer protection to your loved ones, especially if you’re a provider for your family.

Malpractice Cases in Turkey

This article explains the general trend of malpractice cases in Turkey. This study had been review in the light of recent amendments in legislation related to Turkish Law.

Regulatory Compliance for a Medical Practice

In this article, I give you a quick overview of the major regulatory compliance areas for physicians and medical practices, namely: Referral Laws -- Anti-Kickback and Stark Self-Referrals; Billing Medicare and Other Payers; HIPAA; and Supervision of Staff.

Could Supreme Court Decision Jeopardize Medical Care for Accident Victims?

The Supreme Court is currently grappling with issues raised by a temporary injunction granted to hospitals and patients after California cut Medicaid patient fees in 2008 and 2009. The result of the Supreme Court’s decision could have a significant impact on patients who depend upon Medicaid to cover some portion of their personal injury-related expenses after an accident, explains an attorney.

Underinsured Motorist Coverage – Sound Protection from the Effects of Serious Car Accidents

Underinsured motorist coverage (UIM) is optional car insurance that you should purchase to protect you and your family. It covers the gap between the damages an innocent driver suffers in a car accident and the amount of insurance the offending driver carried. Underinsured coverage is needed it is often in the most serious of accidents, meaning when UIM is needed it is really needed.

Business Insurance: Avoiding Costly Mistakes

It is vital for businesses to carry some type of insurance coverage in order to abide by the law. It is wise to have a business attorney involved in the decision making process in order to avoid future legal disputes.

What Do I Do if My Insurance Company Denies My Claim?

Insurance company claims denials may result in you having a case against them for "bad faith".

Importance of Uninsured (Underinsured) Motorist Coverage

Our most important piece of advice for every driver on the road in Southern California: make sure you have uninsured motorist coverage, and plenty of it.

When the Insurance Company Wants You to Attend a Medical Exam

In many personal injury or disability cases, the Insurance Company will request that you attend a medical exam with their doctor. This is not a doctor that treats you or has a doctor-patient relationship with you. Instead, this is a one time exam. The exam is for their doctor writing a report on the cause and/or severity of your symptoms and injuries.

Do Not Make This Major Estate Planning Mistake

Most people know that the proceeds of a life insurance policy are generally free of income taxes. What many do not realize, however, is that life insurance proceeds are included in their estate for estate tax purposes.

Personal Injury Protection (PIP) Benefits

What are PIP benefits? People always ask me what PIP benefits are. In Massachusetts most policies have what is called personal injury protection benefits or PIP. Pip benefits are no fault benefits which means you are entitled to collect these benefits after a car accident whether or not you were at fault or not. Often times more serious car accidents result in injuries to passengers or driver.

Examinations under Oath Have Become the Wild Wild West

An examination under oath in Massachusetts is usually used by insurance companies as a tool to deny coverage of PIP benefits. In Massachusetts auto insurance carriers are required to pay for PIP benefits to the inured passengers, drivers or pedestrians. They are required to pay for reasonable and necessary medical bills, lost wages, replacement services and other accident related expenses.

Diminished Value in Georgia

Why you should not accept the insurance company's first offer.

Causation in Maritime Insurance: The Cendor MOPU

The Cendor MOPU case law brings a new scenario to insurance law.

Are California’s Limits on Non-Economic Damages Unconstitutional?

Ever since the California Legislature passed the Medical Injury Compensation Reform Act of 1975 (MICRA), plaintiff’s attorneys have been working hard to repeal or amend the law. It is patently unfair to cap a malpractice victim’s non-economic damages, and it gives doctors and healthcare facilities incentive to do a cost benefit analysis on human lives.

I Already Have Health Insurance...Who Cares about Personal Injury Protection?

Personal injury protection (PIP) is the first resource you have to pay medical bills after an accident in Oregon. Learn how to use PIP and the advantages it offers over health insurance. This could save you money and reduce the stress of medical bills and treatments.

What Are the Minimum Insurance Requirements for Drivers?

Illinois minimum insurance requirements are in place for the protection of motorists. Every driver on the road is required to carry insurance.

And Now, Speaking on Behalf of Big Insurance: The Texas Supreme Court

Earlier this month, the Texas Supreme Court once again cast its arms around Big Business and shoved Texans out the door.

3 Reasons to Invest in Uninsured Motorist Coverage in Illinois

Uninsured motorist coverage in Illinois can fill the gap when you’re injured in a car accident and the other driver doesn’t have insurance to cover your damages.

Truth in Auto Repeal and Reducing Clauses

Beware Wisconsin car insurance consumers: Beginning with auto insurance policies issued or renewed after November 1, 2011, uninsured motorist coverage and underinsured motorist coverage can be reduced by amounts payable by or on behalf of the uninsured driver or the underinsured driver, by the amounts paid or payable under any worker’s compensation law, or amounts paid or payable under any disability benefits laws. Wisconsin Statute §632.32(5)(i).

4 Types of Motorist Insurance You Should Understand

Every driver on the road has a responsibility to drive safely, and each driver is responsible for carrying the proper motorist insurance for protection in case he or she is involved in a car accident in Naperville.

Long-Term Care Insurance - Be Careful of Unscrupulous Agents and Policies Targeting Senior Citizens

Protecting Yourself from Unscrupulous Long Term Care Insurance Practices and Policies - Unscrupulous agents target seniors for improper long-term care. Be careful of long-term facilities that do not meet your needs or are misrepresented.

My Insurance Company Won't Pay: Can I Sue My Insurance Company in Pennsylvania?

So, you have made an insurance claim and your Insurance Company won't pay. Can you sue them? In Pennyslvania, there are three main "causes of action" (grounds for suit) against your own insurance company.

What is Uninsured/Underinsured Motorist Coverage?

It’s important to understand uninsured/underinsured motorist coverage, after you’ve been involved in traffic accidents in Indianapolis. For legal help, call an Indianapolis lawyer.

Life Insurance May Be Part of Your Estate

Life insurance is a great way to provide for surviving family members, but a large life insurance policy may impact your estate.

Injured? Better Have a Valid Driver's License!

Many of us who regular drive motor vehicles or who are passengers in them (does that just about include everyone?), are unaware of a chilling and relatively recent Illinois Supreme Court decision that has the effect of denying insurance coverage to those without valid driver's licenses.

4 Types of Car Insurance You Need to Know about

There are 4 types of car insurance coverage options you should know about in order to protect yourself from unforeseen complications related to paying for your medical expenses and other costs associated with a car accident in Indiana through the assistance of one of Indianapolis’ traffic accident lawyers.

7 Things to Know When You Negotiate a Car Accident Claim

Injured in an Indiana car accident? Here are 7 things to know when negotiating your Indiana car accident claim.

Knowing Insurance Dos and Don’ts Could Make or Break an Injury Claim

After suffering Illinois personal injuries you may need to file an Illinois injury claim. Be aware of the dos and don’ts that could impact your case.

What to Know Before You Talk to the Insurance Adjuster

When you call your insurance company to file your Indianapolis car crash claim, be careful.

Sun Life Assurance Company of Canada Refuses to Pay Long-term Disability Benefits to Gunshot Victim

The pain associated with a disability can be difficult to bear. The pain of being denied long-term disability insurance benefits by your long-term disability insurance carrier - in this case, Sun Life assurance Company of Canada - exacerbates the physical pain of a disabling condition.

If I'm in an Accident in Pennsylvania in Someone Else's Car, Which Insurance Pays My Bills?

Which insurance company is supposed to pay your bills depends on the type of coverage (i.e., wage loss, medical, bodily injury) and the amounts of coverage on each policy. There is a "priority" as to which insurer must pay first.

How to Protect Yourself from under Insured and Non Insured Drivers When You Are Injured in an Accident

How to get money when you are injured in a motor vehicle accident case when the at fault driver has little or no insurance.

Dram Shop Liability in Connecticut and Drunk Driving Accidents

Obtaining additional compensation in certain cases when hit by a drunken driver.

Strategies for Dealing with Insurance Company Claim's Adjusters

How insurance companies try to deny or not pay you full value for your claim and what you can do about it.

4 Excuses Used by Insurance Companies to Pay Less on Insurance Claims

If you understand and recognize these excuses, you can avoid or combat them.

The Advantages of Getting an Attorney to Handle Your Disability Insurance Claim

Dealing with insurance companies is hardly ever a pleasant experience. This is because to them, you are just a number that represents a negative proposition on their balance sheet if you happened to submit a claim for disability benefits with them.

Why Does the Insurance Company Want Me to Fill Out an "Application for Benefits"?

If you have a new insurance claim, your insurance policy probably requires you to do an Application for Benefits. It's a formality required in the policy.

In Pennsylvania, Does My Limited Tort Option on My Car Insurance Apply if I Was Hit as a Pedestrian?

In the Commonwealth of Pennsylania, if you were hit by a car while a pedestrian, your tort option selection on your auto insurance does not apply. You are considered full tort for purposes of this accident. In Pennsylvania, the law is that as a pedestrian, your "tort" option selection on your car insurance should not apply. It is considered an exception to limited tort.

Tricks of the Trade for Dealing with Car Accident Insurance Companies

The bottomline is, insurance companies are first and foremost, a business. So despite the fact that you have diligently paid your premium and monthly dues doesn’t mean that dealing with your insurer after a car accident is going to be smooth-sailing.

Parents of Teen Drivers and Liability in Illinois

Parties to an accident may try to hold parents responsible for damage caused by their teenage driver.

Credit Rating Agencies - Implementation of Regulation (EC) No 1060/2009 - Cyprus

The Cyprus Securities and Exchange Commission (“CYSEC”) has recently issued a circular drawing the attention of persons operating credit rating agencies (“CRAs”) in Cyprus to Regulation (EC) No 1060/2009 of the European Parliament and of the Council, which puts in place a common regulatory regime for the publication of credit ratings.

Protective Policies against Uninsured Motorists

Being involved in an accident with uninsured motorists can be a nightmare especially since more often than not, they don’t have enough money to pay for whatever damages they may have caused you. Chances are, you’d end up paying for whatever property damage or injuries you suffered out of your own pocket.

Personal Injury Lawyer Advice on Michigan Independent Medical Exams

This article is for personal injury attorneys who deal with Michigan auto accident cases. You will learn important advice on how defense law firms and auto insurance companies use Independent Medical Exams (IMEs) to minimize your client's injuries and lessons for how to successfully handle these issues.

Adding Rental Car Insurance? You May Be Wasting Your Money

Millions of us take to the roads every year in a rental vehicle. We reluctantly find ourselves paying the extra cost for insurance coverage the rental company provides without really knowing if it's necessary. Whether the reason is peace of mind or pressure from the rental company, in many cases, it's simply a waste of money.

About Med Pay

You may have heard of "Med Pay", but not know what it means. Med Pay refers to medical payment coverage in an automobile insurance policy. Under the Med Pay provision, a policyholder is generally covered for reasonable medical expenses (including chiropractic) if he or she is in a car accident, regardless of fault. Med Pay can also cover family members who are in the car at the time of the auto accident.

Should You Carry Med Pay if You Have Health Insurance?

So, you have health insurance, but have also heard about Med Pay (medical payment coverage under your auto insurance policy). Should you still carry Med Pay on your auto insurance even if you have health insurance? The simple answer is “yes.” Why?

Positive News for New York Drivers: Insurance Surcharge Goes from $1,000 to $2,000

Automobile accidents in New York may not be as costly for insurance policy holders, thanks to recent legislation signed by Governor David Patterson. The new law amends Section 2335 of the Insurance Law, which limits insurance companies from levying surcharges on a policyholder after an auto accident involving property damage.

Santa Clarita Valley lawyer, Mason Rashtian, discusses how GAP insurance can protect you when financing a car

The State of California requires that motorists carry liability insurance. However, there are other types of insurance which, although not required by motorists to carry, can help protect one in case of an accident. Some of these types of insurance are more known than others, such as uninsured motorist coverage. However, some of less known, such as GAP Insurance.

A Crash Course in Car Insurance – Lessons Learned in Litigation

The author provides useful tips to keep in mind when purchasing car insurance that will provide adequate coverage in case you actually need to use it.

Scenarios in Multiple Car Accident and Insurance Issues

If you’ve been involved in multiple car accidents, you should know by now that insurance issues can be quite a hassle.

Proving Uninsured Motorist: Damage Claims against the Driver at Fault

Uninsured motorist (UM) insurance coverage is an automobile policy option which covers the insured for property damage and bodily injury in accidents caused by another motorist who does not carry liability insurance. In short, it pays for damages caused by someone with no insurance.

Top 7 Things to Check on Your New Jersey Car Insurance Policy

Cheaper isn't always better. Here's a list of things to check when purchasing automobile insurance coverage in New Jersey. Whether buying online or with an agent, make sure you know what you are getting.

Claims on Wheels - An Overview of Filing a Motorcycle Accident Insurance Claim

Get the most from your motorcycle insurance by knowing your insurance policy coverage and limits and your rights and obligations under state law.

New Wisconsin Car Insurance Law Benefits Drivers

The New Year is already looking up for Wisconsin drivers! By January 1, 2010, all of the provisions of the Truth in Auto Insurance law will be in effect - holding auto insurance providers accountable once again.

Offset Clauses and Your Auto Insurance Policy in South Carolina

Auto insurance policies in South Carolina are changing and not for the better. Thanks in part to a state appellate court ruling in 2000, insurance companies are writing "reduction" or "offset" clauses into their contracts that reduce the benefits an injured motorist may be able to recover following a car crash.

How Much Car Insurance Do I Need?

Article that discusses the legalities of car insurance.

Integrated Project Delivery: Changing the Insurance Landscape

  By Gunster
With more project owners demanding the use of Building Information Modeling (BIM), project delivery is necessarily carried out through greater contributions of design input by the general contractor and the major trade subcontractors. The design professionals are no longer the sole authors of the project design. This collaborative project delivery method has been called integrated project delivery (IPD).

Comparing the Delaware Captive Statute to the Vermont Captive Statute

Both the Delaware and Vermont captive insurance statutes are modern statutes, with leading edge provisions, carefully tended by thoughtful and committed local captive insurance communities.

3 Insurance Rules after Disaster Hits Your Home

If you suffer a disaster and have to make a claim on your insurance, keep these three principles in mind.

Five Fatal Bad Faith Mistakes and How to Avoid Them

Put in the time and gather the knowledge. Bad faith litigation is not a practice area for the faint of heart. Remember to avoid the five common mistakes.

When Genuine Issues Argue Against a Genuine Dispute

There is a notion in the insurance bar that bad faith law is a powerful tool for consumer rights that might easily be taken away if abused. It is that old notion of “killing the golden goose.” As guardians of consumer rights, we have a duty and responsibility to preserve them as best we can.

Carriers Liability Insurers - to Pay or Not to Pay - Malaysia

It is therefore important for parties entering into contracts and agreements to seriously consider the implied and express conditions/term of the contract or the agreement.

Protect Yourself from Rescission: The Insurance Industry's Deadly Trick

Rescission is when insurance companies retroactively cancel policies and it is increasingly popular in the insurance industry as a way of beating legitimate claims and increasing insurance company profits at the expense of consumers. The problem has become so critical that it is a growing topic of news stories and comment.

Everything Matters: Secrets of Building a Better Plaintiff Practice

Seven rules you might keep in mind while you’re building a better practice.

Is There A Genuine Dispute or Is It Bad Faith?

Attorneys counseling either insureds or carriers need to have a grasp of this doctrine as well, whether they are providing advice during the course of a claim or in the midst of bad faith litigation.

On Dealing with Lien Claimants

Recognizing and acting on liens is an important part of any practice.

Protecting Your Family With Underinsured Motorist Coverage

The low policy limits required by Illinois' mandatory auto insurance law does not provide adequate coverage to victims of car accidents in all but the most minor car crashes. Underinsured motorist coverage is much more effective at providing protection for your family.

Bringing OSHA Regulations Back to the Courtroom

Construction work is difficult, demanding and often dangerous. Pursuing a third party claim for a construction injury can be equally trying.

Coping With California Firestorm Claims and Ten Do's and Dont's for Insureds

The fact is, whenever there is catastrophe, insurance problems rear their ugly head. The first thing that needs to be done in advising on a catastrophic insurance claim is to get a copy of every policy that might possibly provide coverage for the damaged property and read them all from front to back.

Marine Insurance: Institute Cargo Clauses ( “ICC”) 2009

The archaic term “servants” in Clause 4.3 of ICC 1982 has been replaced with the term “employees” in Clause 4.3 of ICC 2009".

Settling a Personal Injury Claim

There are many benefits to settling a personal injury claim. However, claims should only be settled when it is the prudent thing to do, namely if there are no long term or permanent injuries. In order to effectively understand the settlement process, your accident attorney should be familiar with the laws and regulations that govern insurance companies.

Insurance Claim Evaluation and Making a Claim

To make an insurance claim, you have to evaluate first your coverage.

When Catastrophe Comes Calling and Ten Insurance Claim Do’s and Don’ts

It seems that Southern California is the land of natural disaster. Between fire, flood, earthquake and the occasional stray hurricane, we get more than our share of Mother Nature’s wrath. The best place to start is at the beginning. So far as an insurance claim is concerned, the beginning and the end is always the policy.

Basic Types of Car Insurance

Most state laws require people to have automobile insurance, or at least urge them to have this policy that will help them pay for accident-related injuries, property damages, and car repairs. And by having an extensive insurance coverage, people may avoid financial risks associated to car accidents.

Avoiding Disability Insurance Fraud

Most people purchase a disability insurance coverage thinking that this will help them pay for hospital bills and loss of wages in case of an accident that may result to temporary or permanent disability.

Seeking Property Damage after a Car Accident

Most states require drivers to have insurance coverage, or at least urge them to have this policy to help them pay car repairs and property damages caused by accidents.

Limited Tort vs Full Tort Protection in PA Auto Insurance Policies

There are other ways to save on your auto insurance premiums without sacrificing your legal rights and your family's safety.

Dodging Shortchanged Long-Term Care Insurance

Insurance is a legal contract that protects people from the financial costs that result from loss of life, loss of health, lawsuits, or property damage. Since no one knows in advance when a loss will occur or how serious that loss will be, insurance provides a means for individuals and societies to cope with some of the risks faced in everyday life.

Plan for Your Journey Abroad

We have relief from the scorching days of summer, but the chill of winter will soon follow. If you are thinking ahead to the cold months to come, you are not alone. Many are planning extended vacations to warmer locale, but before you can enjoy the sunshine, you must plan for a safe and healthy trip.

Hurricane Readiness for Homeowners: Understanding Insurance

Most residents of South Florida know that they are vulnerable to severe storms, including hurricanes. They recognize the need to keep essential supplies on hand, to check their power generators regularly and to ensure that their protective shutters are in good shape.

Insurance Companies Balk at Covering Dangerous Dogs

Dogs that bite people can cause disfigurement, broken bones, amputations, emotional trauma and even death. While the psychological aspects of dog bites are significant, the economic costs are also high. Injuries from dog bites and attacks may require surgery, hospitalization, physical therapy and counseling.

Colorado Moves to Tort-Based Auto Insurance System

One of the most important concerns for people injured in auto accidents is receiving adequate compensation to cover all losses and injuries. While it may be possible to pursue the individual assets of the party responsible for the injury, more times than not, compensation will be recovered from an insurance policy.

Common Homeowners’ and Business Liability Insurance Issues in Illinois

A variety of injuries are covered by homeowners’ and business liability insurance. For instance, dog bites, slip and fall accidents, and or most any kind of general negligence is likely to be covered under a homeowner’s insurance policy. If negligent acts causing injury take place at a business, liability is likely to be covered under a business liability policy.

Unfair Insurance Practices

A Bad Faith In Uninsured Motorist Coverage, Underinsured Motorist Coverage And Med-Pay

Texas Auto Accident Uninsured and Underinsured Motorist Coverage

The law of the land in Texas requires motorists to have automobile liability insurance, this is the type of insurance that pays for another person's expenses if you cause an accident. Minimum coverage in our state is $25,000 per injured person, with $50,000 for all injured persons in the same incident. The shorthand for this coverage is 25/50. Minimum coverage requirements increased to 25/50/25 ($25,000/$50,000/$25,000) in 2008 and 30/60/30 in 2011.

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