Insurance and Reinsurance Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Insurance and Reinsurance.
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.
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.
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?
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.
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.
By Jaburg Wilk
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.
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.
By Jaburg Wilk
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.
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.
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?
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.
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 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.
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.
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.
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.
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.
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 (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.
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.
Insurance company claims denials may result in you having a case against them for "bad faith".
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.
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.
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.
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.
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.
Why you should not accept the insurance company's first offer.
The Cendor MOPU case law brings a new scenario to insurance law.
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.
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.
Earlier this month, the Texas Supreme Court once again cast its arms around Big Business and shoved Texans out the door.
Illinois minimum insurance requirements are in place for the protection of motorists. Every driver on the road is required to carry insurance.
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.
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).
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.
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.
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.
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 is a great way to provide for surviving family members, but a large life insurance policy may impact your estate.
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.
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.
Injured in an Indiana car accident? Here are 7 things to know when negotiating your Indiana car accident 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.
When you call your insurance company to file your Indianapolis car crash claim, be careful.
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.
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.
Obtaining additional compensation in certain cases when hit by a drunken driver.
How insurance companies try to deny or not pay you full value for your claim and what you can do about it.
If you understand and recognize these excuses, you can avoid or combat them.
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.
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.
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.
Parties to an accident may try to hold parents responsible for damage caused by their teenage driver.
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.
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.
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.
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.
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.
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?
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.
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.
If you’ve been involved in multiple car accidents, you should know by now that insurance issues can be quite a hassle.
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.
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.
Get the most from your motorcycle insurance by knowing your insurance policy coverage and limits and your rights and obligations under state law.
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.
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.
Article that discusses the legalities of car insurance.
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).
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.
If you suffer a disaster and have to make a claim on your insurance, keep these three principles in mind.
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.
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.
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.
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.
Seven rules you might keep in mind while you’re building a better practice.
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.
Recognizing and acting on liens is an important part of any practice.
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.
Construction work is difficult, demanding and often dangerous. Pursuing a third party claim for a construction injury can be equally trying.
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.
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".
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.
To make an insurance claim, you have to evaluate first your coverage.
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.
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.
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.
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.
There are other ways to save on your auto insurance premiums without sacrificing your legal rights and your family's safety.
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.
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.
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.
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.
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.
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.
A Bad Faith In Uninsured Motorist Coverage, Underinsured Motorist Coverage And Med-Pay
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.