Has your insurance company refused to pay your claim? Are they low-balling you? Have they told you that they will not defend the lawsuit that was brought against you? Did the insurance company improperly cancel your policy?
Every contract of insurance requires the insurer to act in a good faith manner towards their insured. Insurers are required to place their insureds interest on equal footing with their own. So what financial incentive does an insurance company have in doing the right thing?
The simple answer is that you may have the right to file a lawsuit against the insurance company or otherwise arbitrate the dispute. If the insurance company loses the case they could have to pay you for your claim and then have to pay your attorney's fees, and your costs. In some cases the insurer may have to pay punitive damages for their wrongful conduct.
Insurance law is an amalgam of contract law and tort law. As an insured, you have rights. You have contract rights. You have statutory rights. In addition, you have rights that are imposed upon insurance companies via case law. The courts have interpreted literally thousands of insurance cases. These cases provide insurance companies and lawyers with guidance on how to handle insurance disputes.
Knowing your contract rights, your statutory rights and the large body of insurance case law is what it takes to make an insurance company do the right thing. Your insurance lawyer makes the insurance company do the right thing or suffer the financial consequences of treating you badly.
Time is of the essence with many insurance contract disputes. Many insurance policies have "suit limitations" clauses that limit the time frame for bringing contractual and legal disputes. The law also imposes "statutes of limitations" that vary depending on the type of claims being brought.
Whatever you do, do not sit on your rights, take action now to learn when you must bring your claim and learn whether or not you have a valid insurance law case.
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