Insurance Claims

Insurance Claims

There’s an old saying about insurance:  it’s the only product that both the seller and the buyer hope is never actually used.  Sometimes, we buy insurance because it’s required by law; other times, we buy it to protect our investments from catastrophe or provide for our families after we are gone.  You would rather have insurance and not need it, than need it and not have it.  But if you are having a dispute with your insurance company, you need to remember two key points:  

1)    Insurance companies are for-profit businesses, not charitable organizations.  They are most profitable when the maximize their premiums and minimize their claim losses.

2)    Insurance companies are not required to do what’s right; they just have to do what they promised in your policy.  Your insurance policy is a complex contract, drafted entirely by your insurer.  Sometimes, the terms of your policy may be unclear.  When an uncertain term could mean one of two or more things, your insurance company will probably select the interpretation that reduces or eliminates its loss on your claim. 

What your insurance company doesn’t tell you is that, due to all the other advantages it holds in the bargaining process, the law requires your insurance policy to be “strictly construed” against it – in short, all uncertain terms in the policy should be resolved in your favor, not the insurance company’s.  If you don’t fully comprehend the coverages, exclusions, limitations and endorsements on your policy, how confident should you be that you are getting everything for which you bargained and paid?

Our attorneys have over 60 years’ combined experience negotiating and litigating a wide range of insurance claims, including:

• Fire losses and casualty insurance
• Homeowners’ insurance
• Auto accident liability insurance
• Underinsured and uninsured motorist coverage
• Life and disability insurance
• Servicemembers’ Group Life Insurance (SGLI)
• Veterans Group Life Insurance  (VGLI) claims
• Crop insurance/hail damage
• Fraudulent change of beneficiary designations
• Bad faith claims against insurers

Policyholders with significant claims need tenacious and resolute attorneys to protect their interest when the insurance company is unwilling to pay.  There are numerous reasons for insurance companies to hesitate when dealing with your claim, none of them are good for you.  For instance, the insurance company may be searching for irrelevant errors on your application in hopes of using those to rescind your policy and avoid your claim.  You may be getting stonewalled because the benefits have already been paid to someone else who fraudulently changed the beneficiary designation on a life insurance policy.  Your insurer may hold your claim hostage until you provide it with immaterial records that are confidential or embarrassing.  It may try to coerce you into settling for less by threatening to instigate a baseless criminal investigation.

When you are faced with such abusive tactics, you need bold representation on your side.  Don’t settle for unexceptional legal representation – call Gibson & Keith today and see how we can help you.
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