Property & Casualty Insurance Claims
Property and casualty insurance, such as comprehensive general liability insurance, homeowners’ insurance and auto insurance, is a broad category of insurance covering bodily injury and property liability insurance for homes, cars and businesses. In general, property insurance offers coverage for physical damage or loss to property resulting from storm, earthquake, flood, fire or theft. Casualty insurance protects an individual or organization against liability from third-party suits for negligent acts or omissions. Regardless of your specific coverage, insurance companies have a financial incentive to collect premiums and pay out less in benefits, or decline a defense to you when you are sued, thereby increasing their profits. This conflict of interest can motivate insurance companies to improperly deny your property & casualty insurance claim.
Property & Casualty Insurance Bad Faith Claims Denials
To establish insurance bad faith in first party cases (such as those involving life insurance, health insurance, disability/LTD insurance, property and casualty insurance, auto liability insurance, and homeowner’s insurance), it must be shown that an insurer’s delay or withholding of benefits under the policy was unreasonable or without proper cause. For instance, an insurer may quote “lowball” offers, unreasonably delay payment and fail to conduct an adequate investigation or avoid paying a claim which should be covered. Similarly, to establish bad faith in third-party cases, it must be shown that the insurer’s delay or refusal to defend was unreasonable or without proper cause. See California Insurance Code section 790.03; see also California Business & Professions Code section 17200, et seq. Although California mandates that standard coverage be made available under forms approved by the Department of Insurance, coverages are many and varied. Even skilled judges and insurance agents can often be stumped by the arcane and stilted language used in many insurance policy forms. Moreover, insurance companies often take advantage of their own policies, forms and claim procedures in order to deny coverage for valid claims. Attorneys experienced in handling property & casualty insurance coverage cases can help you litigate your case against the insurance company.
Recovery and Damages for Property & Casualty Insurance Bad Faith Claims Denials
If an insurance company denies your insurance claim in bad faith, you may sue for policy benefits due under the policy, “consequential damages” that are caused by the bad faith conduct, emotional distress, punitive damages, attorneys’ fees and interest on past-due benefits (typically at the legal rate of 10%).
Property & Casualty Insurance Claims Denial Experience
McKennon Law Group specializes in litigating and resolving bad faith and ERISA insurance claim disputes for individual and business policyholders. We have litigated and been consulted on hundreds of property & casualty insurance, ERISA insurance, disability insurance, life insurance, health insurance, bad faith and other insurance matters. Because of our aggressive advocacy and our regional and national reputation as a leading California insurance litigation firm, we are able to achieve maximum settlements and judgments/verdicts at trial.
We have been litigating ERISA insurance, disability insurance, life insurance, property & casualty, bad faith and other insurance matters since 1986. Our attorneys are nationally recognized experts in insurance bad faith litigation and have chaired numerous seminars and written numerous articles dealing with insurance bad faith claim issues. Our attorneys are top rated by all major peer review rating agencies and have been honored to receive numerous prestigious awards and recognitions. No attorneys in California or anywhere in the United States are better suited to litigate your bad faith or ERISA insurance claims. In fact, the attorneys of the McKennon Law Group previously represented the insurance companies that denied such claims and thus have the broadest possible experience in litigating these types of insurance disputes. We can and will aggressively litigate your case to achieve maximum success. We have significant trial experience and we are not afraid to go to trial against the big insurance companies.
Contact us to schedule a free initial consultation regarding your insurance claim or litigation matter.