Insurance Disputes

Insurance Company Denials

Get Help From An Insider

There are strict laws that govern how insurance companies are required treat policyholders. But insurance companies don’t always follow the law. If a policyholder or insured is sued, the insurance company has the duty to defend even if the allegations are not true. L. Bradley Schwartz has defended numerous policyholders as independent counsel when an insurance company denies coverage or refuses to defend. If an insurance company takes the position that a claim is not covered because of late notice, noncooperation, misstatement or misrepresentation in the application, the insured policyholder has the right to independent counsel and the insurance company must pay the legal bills.

Reservation Of Rights

The Right To Independent Counsel

Insurance companies looking to deny coverage will often send the insured a “reservation of rights” letter.  This is the insurance company’s first step toward attempting to deny coverage and it triggers certain strict procedures that an insurance company must follow. Independent counsel is required when an insurance company defends under a reservation of rights because an insurance company cannot hire its own lawyers to defend an insured and also seek to avoid coverage at the same time.  This is known as a conflict of interest. L. Bradley Schwartz has defended numerous policyholders as independent counsel when an insurance company denies coverage or refuses to defend. The attorney fees for this type of representation are paid by the insurance company.

When Insurance Companies Play Games

Conflicts Of Interest

Insurance companies would much rather avoid their obligations and find a way to decline coverage. But there are strict laws that govern how insurance companies are required treat policyholders. If a policyholder or insured is sued, the insurance company has the duty to defend even if the allegations are not true. Unfortunately, many insurance companies don’t always follow the law If a conflict of interest exists, a defense attorney chosen by the insurance company cannot properly represent the insured, unless and until the insured has been fully informed of the conflict and knowingly consents to representation by the attorney. “full and frank disclosure” on the part of the insurer. Absent proper explanations of the conflict by the insurer and informed consent given by the insured, the insurer must pay the fees of the defense attorney selected by the insured. L. Bradley Schwartz has defended numerous policyholders as independent counsel when an insurance company denies coverage or refuses to defend

Protecting Insurance Coverage

Being Denied Isn’t An Option

Insurance companies are always looking for a reason to deny coverage.  Despite advertising that they are “on your side” and that they will treat you “like a good neighbor,” insurance companies would much rather avoid their obligations and find a way to decline coverage. L. Bradley Schwartz worked for insurance companies for more than 20 years and he understands the law as well as the methods and tactics that insurance companies use to avoid coverage. If an insurance company take the position that a claim is not covered because of late notice, noncooperation, material misstatement or misrepresentation in the application, the insured policyholder has the right to independent counsel and the insurance company must often pay the legal bills.