Insurance Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Insurance.
August 26, 2016 By Watkins Firm, A Professional Corporation
Individuals and business interests in San Diego are often denied coverage under valid insurance policies. The first question to be answered is: “Does the coverage in my policy cover the specific circumstances of my claim?” The second question to be answered is: “Is the insurance company acting in good faith with respect to my policy claim?”
August 26, 2016 By Watkins Firm, A Professional Corporation
What constitutes insurance “bad faith” in California? What can a policy holder do to hold an insurance company responsible and accountable for the protections of a valid policy? California insurance law is quite complex, and a policy holder should never attempt to interpret or take action against an insurance company without strong legal advice and representation.
"Nettopolicen" - Insurance Intermediaries in Germany Subject to Strict Documentation Requirements & Duty to Inform
August 11, 2016 By GRP Rainer LLP
“Nettopolicen” are insurance policies with respect to which the premiums do not include commission for brokering the insurance contract. When concluding these insurance policies, insurance intermediaries have to point out and document that the separate payment arrangements continue to apply even if the policies are cancelled.
August 4, 2016 By Galfand Berger LLP
The way people travel has changed dramatically in recent years. Hotels, hostels and staying with family members are no longer the only options. You are now able to temporarily – or even long-term – rent apartments, rooms or full homes from people who, more often than not, are complete strangers.
House Bill No. 1048 will add a section to the Indiana Code that makes it illegal for vehicles involved in an accident to remain on the road. As of July 1, 2016, crashed vehicles will be required to move off the road as quickly as possible.
If your car has been involved in an accident recently it's best to think twice before sending your car off to your insurances preferred shop for repairs.
Juѕt аѕ lawyers hаvе specializations, Private Investigators dо аѕ well.
The idea of life insurance forming a component of one’s retirement plan is increasingly losing credibility. According to media reports, consumers ought to anticipate further cuts in 2016.
In a contract of insurance, there are intermediaries through whom business is transacted and these include among others; agents and brokers. The reason is that most times insurers and some times the insured are companies who can only act through agents ranging from directors and senior management down to junior employees and also other local agents soliciting proposals for insurance. For the case of Uganda, Insurance companies must be bodies corporate under s.4 of the Insurance Act.
Changes are coming to personal injury settlements in 2016. These laws will affect those with Medicare and Medicaid. Here is how you can stay ahead of these changes, and be aware of their effect.
Protection and Indemnity Associations also known as P&I Clubs are the result of long time development from Mutual Hull insurers in England. One of the principles of these Clubs is to insure liabilities not covered by the Hull & Machinery policy.
If you have ever had to dispute a decision related to accident benefits under the Statutory Accident Benefits Schedule (SABS), you probably dealt with the Financial Services Commission of Ontario (FSCO). Since 1997, FSCO’s Dispute Resolution Service has served as the adjudicator for disputes between injured citizens and insurance companies.
The new Insurance Code improves the legal framework and introduces the standard Community requirements to ensure legal certainty on the insurance market with a view to providing better protection to the interests of insurance service users.
Invalid Clauses in Riester Retirement Plans – Unravelling Pension Schemes and Life Insurance Policies in Germany
Clauses in Riester retirement plans (government-subsidized private pension schemes) dealing with surplus sharing have been declared ineffective by the BGH (Bundesgerichtshof – Federal Court of Justice) (Az.: IV ZR 38/14). Consumers may also be able to withdraw from their pension schemes and life insurance policies.
In March 2016, the arrival of self-driving cars, robotics and artificial intelligence systems took a major step forward with automatic breaking systems becoming standard on most cars by 2022. Liability for self-driving cars and insurance may be greatly affected by an NHTSA pronouncement in February 2016, and the end of the line for most personal injury attorneys in California and across the country is clearly in sight to the misfortune of accident victims in California and throughout the U.S.
Motor vehicle accidents are so common that states require all drivers to maintain minimum liability coverage. New Jersey is no exception. As a condition of driving, motorists are required to carry liability insurance so that individuals do not have to be responsible for injuries that were caused by another person’s negligence.
When a person is injured in an accident, he or she may have to submit a claim to the relevant insurance company. Many times, this process can be long and confusing. This situation is exacerbated when the victim is trying to recover from the accident.
Entrepreneurs often make up in enthusiasm what they lack in experience, but passion alone is not enough to ensure the success of a business. If you’re a business owner, you need to watch for the following six legal snares that could potentially harm your company
After much debate and discussion the European Parliament and the Council have issued the recast Directive on Insurance Distribution.
The laws and regulations governing the insurance and reinsurance practices in Turkey are quite complex, This brief aims to inform readers on general reinsurance regulations in Turkey and tries to shed light to the reinsurance business by international insurance providers in Turkey.
The relationship between an insurance company and insured is governed by the insurance contract. However, if the insurance company fails to pay out on a valid claim, the insurance company risks being liable for bad faith. In order for an insured individual to prevail against his or her own insurance company, there are certain legal elements that the insured must prove.
According to a ruling of the OLG Hamm (Higher Regional Court of Hamm), it is possible to revoke a life insurance plan even after the policy has already been cancelled (Az.: 20 U 56/14).
If you have been injured and advance an insurance claim, there is a good chance that your insurer will ask you to attend a medical examination with a doctor or specialist of their choosing. These exams are known as IMEs (Independent Medical Examinations).
A term that is often heard in the context of auto accidents, insurance, and lawsuits is “catastrophic injury”. As you’d imagine, a catastrophic injury is very serious, but there’s an actual definition in Ontario legislation, found in section 3 (2) of the Statutory Accident Benefits Schedule – Effective September 1, 2010, which is a regulation under the Insurance Act.
If you are badly injured, you may wish to file a lawsuit with the goal of getting financial compensation for your pain, suffering and other expenses you now have as a result of your injury.
A Comparative Analysis in Relation to Marine Insurance Cover.
The Zone of Special Danger Doctrine has been the subject of numerous lawsuits under the Longshore & Harbor Workers' Compensation Act, and the Defense Base Act. What is it? How have the courts applied it to claims? Where did it originate?
English law switches from automatic discharge of liability to suspension of liability in case of a breach of a warranty as long the breach is material to the loss
If you own a small business you are exposed to numerous risks, including lawsuits by third parties, your own employees, and those you do business with. Damage to your business property or premises can be catastrophic without insurance to cover the losses.
Mary Jo was injured in a crash, but the insurance company for the at-fault driver initially offered to cover less than half of her medical expenses due to her pre-existing conditions. The insurance company for the at-fault driver saw our client’s medical history as an opportunity to save themselves a few dollars. Luckily, she didn't fall for their tricks.
If you are involved in the shipping industry, you will be only too aware of how quickly challenging and difficult legal problems can arise at sea. When you need to make an insurance claim, the complexities of maritime law can present real barriers to getting the swift resolution you need.
Lawsuits filed by attorneys in California over Indoor Air Quality or Sick Building Syndrome, are increasing. The WHO estimates that nearly 30 percent of new and remodeled buildings worldwide have indoor air quality problems (possibly 20 percent in the U.S., according to one study). In California, dangerous indoor air quality and sick building syndrome are a growing area of law for lawyers in the areas of personal injury, real estate, construction, homeowner associations and business.
Arson cases can either be charged in federal or state court. In Minnesota, the most common arson charge is arson in the first degree, which charges that the person intentionally set fire to his home or other dwelling, usually for the insurance money or some other financial reason. This is a serious charge that, if convicted, will likely result in at least a 4-year prison sentence. If you or a family member is facing charges of arson, you need an attorney experienced in handling arson cases.
By Jaburg Wilk
In Arellano v. Primerica Life Insurance Company, 235 Ariz. 371, 332 P.3d 597 (App. 2014), despite finding an insurer’s conduct moderately to highly reprehensible, the Arizona Court of Appeals recently reduced a punitive damages award from $1,117,572 to $328,000—a 4:1 ratio to bad faith compensatory damages of $82,000.
The new DRC Insurance Code represents a real revolution in this sector, which has been so far affected by the disparity of laws, which are sometimes obsolete and unsuitable to the international conventions in this matter, and by the monopoly granted to the "Société Nationale des Assurances ".
Liberalisation of the Insurance Industry in the Democratic of Congo is now a fact. The new Insurance Law of the Democratic Republic of Congo of 17th March 2015, replace legislation that goes back to the immediate post-independence period of the 1960s.
If you were in a car accident in Pennsylvania and learn that the other driver at fault does not have insurance, can you still recover for your damages?
Governing corporate bodies such as executive boards, executive directors or supervisory boards are liable for careless mistakes with their private assets. D&O insurance is meant to afford protection against any claims.
Now may be the most dangerous time in the short history of self-driving autonomous vehicles when automakers are testing their autonomous self-driving vehicles on the roads and highways in California, across the country and internationally to work the bugs out of their systems. But how will California autonomous self-driving vehicle accident lawyers assess and prove liability in accidents involving these cars once more of them are on the road? This article begins to examine just that.
In 2012 alone, there were over twenty thousand accident victims killed or injured in Orange County. While freeways seem as if they’d be the most dangerous, only about a third of the fatalities and serious injuries occur on the interstates. The majority of victims killed in Orange County accidents lose their lives on surface streets. We list the most dangerous intersections and highways in Orange County where you’re most likely to have your first, next or last and final accident.
If no one involved in a car accident has auto insurance, the situation is complex. It doesn’t matter if a driver who was illegally driving without insurance didn’t cause the accident; he or she generally does not have a case. However, passengers are not legally required to have an insurance policy just to ride in a vehicle. If they suffer injuries in an accident and no insurance policy is available, they can get help through state funds.
California legislators plan to introduce a bill to eliminate the personal belief exemption which allows California parents to refuse to vaccinate their children. Two U.S. senators also want to eliminate the religious exemption. Whether either change is enacted, daycare facilities who fail to protect others from unvaccinated children and parents who fail to vaccinate their children risk liability for any injuries or deaths caused by their child’s spread of the highly contagious measles virus.
On the 22nd of December, 2014 the MFSA commenced a consultation process on proposed amendments to the Insurance Business Act (Cap. 403 of the Laws of Malta) and the Insurance Intermediaries Act (Cap. 487 of the Laws of Malta).
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.
In the aftermath of the horrific and deadly attack on the offices of Charlie Hebdo in Paris on January 7, 2015, we examine why parody and satire are cherished forms of free speech and how they are protected by U.S. and U.K. law. When an aggrieved target of satire or parody sues for defamation, or a copyright holder sues when their work is contained in a mashup, can parody, satire, or fair use be utilized as a defense by an attorney? In the U.K., it will help if the parody is funny.
Pedestrian accidents, both with fatalities and injuries are on the rise in the Coachella Valley and officials are concerned. There has been a rash of hit and run accidents all over California this year and the Coachella Valley has not been immune. But it is the total number of pedestrian accidents, hit and run and otherwise that is causing city leaders to consider what can be done to prevent further death and injury to the desert’s residents.
On September 16, 2014, California’s new bike law went into effect requiring motorists to give bicyclists three feet of distance when passing a bike rider. Since the law passed, bicycle collisions continue to occur. Motorists are likely to be cited for breaking the three feet law only if a deputy witnesses the accident. With the initial publicity of the law fading, many drivers remain unaware of the law. And bicyclists will need to continue to look out for drivers coming too close.
The stretch of Hwy 74 that runs from Palm Desert toward Mountain Center and then toward Idyllwild as Hwy 243, is a scenic paradise with views of both the desert floor and the pine trees and firs that greet you as you get closer to the Mountain Village of Idyllwild. Known as the Palms to Pines Highway, it is a magnet for motorcycle riders who love the challenge presented by the curves in the road that take them in both directions. It’s also a death trap for the unwary or inexperienced rider.
Hwy 86 runs from Interstate 10 to Calexico. It passes through Indio, Thermal, Brawley and El Centro. Once known as “The Killer Highway,” stoplights were installed at some intersections to prevent broadside collisions. Anyone who’s driven the highway, knows it’s still dangerous because of the cross traffic. Now, once again, the highway is taking its toll.
The truck speed limit on the I-10 through the Coachella Valley is 55 mph. Most truckers drive through the valley at faster speeds. It would be easy to blame all of the big rig crashes and tractor-trailer rollovers in the Coachella Valley on speed, but there are too many other factors, including the negligence of others. With trucks that can weigh as much as 80,000 pounds, the passengers in cars and pickups they hit have a lesser chance to survive.
The families of hit and run victims in Cathedral City and their attorneys just want answers. How can a bicyclist be hit by a hit and run vehicle, then a second pedestrian be hit by the same vehicle just moments later, then hit a second time by a paramedics vehicle transporting the first victim, and then hit yet by yet a third hit and run vehicle? These deaths in October 2014 would be just two in a string of recent hit and run wrongful deaths in the Coachella Valley.
It’s that time of year, Christmas, that dangerous time in California for drivers and pedestrians which accident attorneys and insurance adjusters know all too well. It’s Christmas. People in cars and pedestrians alike are distracted. They’re shopping, and coming from Christmas parties. Some are unfamiliar with the roads. Others forget what to do when it starts to rain.
Twentynine Palms Marine Accidents and Fatalities on CA Hwy 62, The Killer Highway - A Personal Injury Tragedy
At least 182 people have died on CA Hwy 62 since 2002. More than 90 lives have been lost since 2007. The risks of dying on Hwy 62 make this highway a dangerous road to travel and the stretch of Hwy 62 from 29 Palms to Palm Springs one of the most dangerous stretches of highway in California. Marines from the Twentynine Palms Marine Corps Air Ground Combat Center and personal injury attorneys who represent grieving families know all too well what is known as “The Killer Highway.”
The Financial Ombudsmen Service (“FOS”) resolves disputes between consumers and businesses. So if you want to complain about a Directors & Officers policy, clearly a ‘business’ policy, even if you are claiming in what appears to be a personal capacity, does that fall within the jurisdiction? FOS thought yes, but the broker against whom the director complained in this case asked the Court to review FOS’s jurisdiction.
Financial Conduct Authority says the deferred annuities market is messy, so seniors and elders need to be more careful when buying.
The time following a vehicle accident may be quite confusing. Disoriented from pain and unfamiliar legal processes, many accident victims find themselves more susceptible to influence by people or organizations they think they can trust. Unfortunately, insurance companies often take advantage of this condition in order to avoid paying victims everything to which they are entitled.
Contracts talk about them, statutes mention them, even TV sitcoms joke about them, but what are acts of God? Many people might think they have a good idea, but given that insurance is often designed to protect against most catastrophes except acts of God, how confident are you that you actually know what is covered?
Every year, millions of Americans engage in office parties around the traditional holiday season. Sometimes these are at the boss's house, a country club, a nice restaurant, or even somewhere at the office itself. But, is the party considered a work function? Could there legally be a consequence for not attending, even if it is after hours? And, what happens if someone is injured, either at the party or on the way to or from it?
Millions of Americans work from home, either all of the time or on occasion. But, if a fire, flood, or natural disaster were to hit your home, would your insurance cover the lost business revenues, office equipment, or property belonging to your company?
Insurance companies often deny personal injury claims with excuses that include denying fault, denying the extent of the injury, and denying causation.
If you're wondering whether you should buy an indexed universal life insurance policy, read to find out why you might not want to.
When any sort of natural disaster hits, it can be terrifying. Once it has passed, though, victims are often left wondering what they need to do to pick up the pieces. Is there anything they need to do in filing their insurance claims to make sure that they will get paid soon and as much as possible? This is especially important for those whose houses are destroyed and who have lost everything.
Potentially Misleading Advertisement for Indexed Universal Life Policies by Insurance Marketing Organizations
Insurance marketing organizations may have been providing misleading Indexed Universal Life policy ads.
Indexed Universal Life Insurance policies are unsuitable for most people. Read on to find out why.
Prospected high returns promoted by Indexed Universal Life policies (IULs) sales illustrations may not be that high in reality.
In the world of investment, seniors and elders are prime targets for financial scams. To protect yourself, read on to learn about the different schemes.
Insurance is often a very complicated topic for many to understand. Riddled with unique jargon, overlapping and sometimes contradictory concepts, and inconsistent interpretations, it can be quite confusing to the average person. One example of where this confusion may arise is in the distinction between short- and long term-disability coverage.
Sellers of Indexed Universal Life policies have been projecting higher gains than what buyers may actually receive.
Seniors and elders, are you aware that deferred variable annuities may not be beneficial? If not, read on to learn about the risks of buying annuities.
Indexed Universal Life insurance policies are a rather popular type of life insurance. However, there are several concerns associated with Indexed Universal Life policies that one should be familiar with.
Most businesses need a plan for dealing with unexpected situations. Usually, that plan includes insurance policies. But law firms and lawyers face unique circumstances most other professions never face. So what sorts of insurance should law firms obtain to best manage their risks?
Whistleblowers brought two False Claims Act lawsuits for Medicare fraud against UnitedHealth Group, Inc. the first in 2011 and the second in 2014. The U.S. Department of Justice joins these whistleblower lawsuits against UnitedHealth Group, Inc. for Medicare fraud.
The effect of climate change is not only an environmental problem today as it directly relates to the resource based industries. In today’s world, the scientific assessments lead the players of energy to reflect on their project viability. In direct proportion to the growth in financing renewable projects, insurance companies and underwriters are also expected to formulate their risk assessments on resource-oriented allocation models.
Insurance bad faith, also known as “insurance fraud" is the term used to describe the mistreatment of consumers and businesses by insurance carriers. It usually applies to situations in which an insurance company refuses to pay out a settlement pursuant to the terms of its insurance contract with the person or entity they claim to insure.
Individuals and families purchase life insurance policies for one reason: peace of mind. The purpose of life insurance is to provide protection in the rare but devastating event of the death of a loved one.
If you need compensation for injuries due to an accident, you need to be aware of one important thing—insurance companies are in business to make—not give away—money!
Your personal injury attorney can explain the concept of “bad faith” and how insurers may conduct themselves in this manner by wrongfully denying claims.
A Texas judge has rejected a motion by Life Partners Holdings, Inc. to toss a class action lawsuit filed by investors who allege they were misled by the life settlements company. Three Life Partners executives were also named in the lawsuit, which alleges that the company fraudulently misrepresented the nature of life settlements that were sold to investors, making them appear more valuable than they actually were.
Be absolutely free from the driving rules - is the most popular "law" in the Egypt for car holders. There are probably only women drive carefully but that fact doesn't decrease the count of accidents with people on the streets. Car accident may happen with anyone in any country. Here an a real example of financial fraud according to the car troubles.
Consumers should be aware of the rising popularity of ride sharing companies and their potential effect on insurance coverage after a car accident.
An Arkansas Court recently overturned an Aetna denial of long term disability benefits because Aetna relied on a flawed vocational assessment report which listed jobs that the claimant was not actually qualified to perform.
An insight for the unfortunate whose relatives were traveling on MH370.
A Los Angeles area insurance agent accused of defrauding senior citizens will spend five years in jail and was ordered by the court to pay $1.2 million to compensate his victims.
ECJ Judgment Makes Revoking Life Insurance Policies Easier Under Certain Circumstances – Insurance Law
Consumers could get the opportunity to revoke their life insurance policies even some time after signing the contract by virtue of a judgment of the European Court of Justice.
In September 2012, the Government of the Democratic Republic of Congo (DRC) submitted to the Parliament a bill of law on the Insurance Code for discussion and adoption prior to its promulgation by the head of State and publication in the official gazette in accordance with articles 100, paragraph 2 and 130 to 137 of the DRC constitution.
In South Africa, (re)insurance companies are regulated by the Financial Services Board (“FSB”) which is the government agency responsible for the non-banking financial services industry, including (re)insurance. It is an independent body that supervises and regulates the financial services industry in the public interest.
The guidance of the Cyprus Supreme Court in the assessment of damages in accident claims has traditionally been founded on certain principles.
So how do you know what’s covered and by which policy? That will mainly depend on the specific wording in your policy, but there are some features that are pretty much the same in all cases. Here’s a basic breakdown of flood and water damage insurance.
A detailed explanation on U.S P1P type insurance coverage and some of the areas that this type of insurance policy covers in the event of an auto accident.
A life insurance company got a letter from an elderly lady. It read, “I’m sorry, but I have to cancel my husband’s life insurance policy. He died last year and I cannot afford to continue paying his premiums.” Joking aside, life insurance companies often look for reasons not to pay claims whenever possible.
The Superior Court (OLG) of Karlsruhe has ruled that in spite of separate cost equalization agreements, life insurance carriers are not entitled upon cancellation to receive payment for any not yet amortized set-up and handling fees.
By working together on litigating insurance claims, public adjusters and attorneys can obtain beneficial outcomes for their client. In their partnership, each will use their unique skill set to recover the maximum possible compensation for the claimant.
Insurance Coverage Forfeited in Case of Wilful Deceit about the Circumstances of an Accident – Germany
If the cause of an accident is wrongfully described, insurance coverage is forfeited, even if it would have been in effect if it had been described correctly.
Insurance is a contract by which the insurer commits to indemnify in case there is a risk of damage for the insured’s interest that has actual cash value or because of the events that happen in the insured’s life in return for the payment of premium. The contracts of insurance are divided into two categories as Life and Non-Life insurance contracts which are regulated in general in the Turkish Commercial Code and particularly in the Insurance Law
If your claim for Long Term Disability ("LTD") benefits has been denied or terminated, this article may answer some of your questions and concerns.
If a pit bull or rottweiler has a bad moment, instead of being bitten, often someone is maimed or killed; that has now created off-the-chart actuarial risk.
In an ERISA disability lawsuit against Boston Mutual, Federal Judge upholds decision to deny Southside Machine Works employee’s long term disability benefits.
Negotiation of liens is a very important part of any personal injury case. This is particularly true in cases involving serious personal injury where medical liens may be very large.
Following termination, the gaps arising from the invalidity of provisions are to be closed by means of supplementary interpretation of the life insurance contracts.
If a cause of damage is fraudulently misrepresented then any insurance coverage is rendered inapplicable, even if it would be issued in the face of correct representation.