Do You Need Help During The Handling Of
Your Insurance Claim?

You, the insured, have significant rights while your insurance claim is being processed, handled, and investigated by the insurance company.  Denied insurance claim lawyers can help you make sure that your rights and interests are being protected during the handling of your claim.  We can help you get your claim resolved.

Are You Aware Of Your Rights During
The Handling Of Your Insurance Claim?

Did you know that in the State of California, there are laws and Regulations that govern how an insurance company must handle your claim?  For example:

  • The insurance company must investigate your insurance claim thoroughlySee, Egan v. Mutual of Omaha Ins. Co. (1979) 24 Cal.3d 809, 819; Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 721; Jordan v. Allstate Ins. Co. (2007) 148 Cal.App.4th 1062, 1072.  The insurance company cannot, for example, ignore facts demonstrating the fact and amount of coverage.
  • The insurance company must investigate your claim objectively.  “Unreasonably” withholding benefits due under the policy may constitute insurance bad faith on the part of your carrier.  For example, the insurance carrier cannot give its own interests greater weight than your interests.  See, Mariscal v. Old Republic Life Ins. Co. (1996) 42 Cal.App.4th 1617, 1624.
  • The insurance company must investigate, handle, and attempt to resolve your insurance claim promptly.  Dilatory claims handling may be evidence of “bad faith.”  See, Fleming v. Safeco Ins. Co. of America, Inc. (1984) 160 Cal.App.3d 31, 37.
  • The insurance company must properly inform you regarding coverage under your policy – the insurance company must be truthful with you regarding claim facts and policy coverages.  See, Delos v. Farmers Group, Inc. (1979) 93 Cal.App.3d 642, 664.
  • The insurance company cannot force you to accept a lower settlement than that which you are entitled to by threatening you – you must be treated fairly.  For example, the carrier cannot threaten to “retire the file without payment” in an attempt to pressure you into accepting an unreasonably low settlement offer.  See, Mustachio v. Ohio Farmers Ins. Co. (1975) 44 Cal.App.3d 358, 362; Cassim v. Allstate Ins. Co. (2004) 33 Cal.4th 780.
  • The insurance company cannot make groundless accusations against you just to avoid payment of an insurance claim, or to pressure you into settling.  The insurance company cannot make groundless accusations – such as an unreasonable, baseless, insupportable accusation that you were involved in the loss.  See, Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 575.
  • The insurance company cannot threaten cancellation or rescission of the policy when it has no basis for doing so.  See, Fletcher v. Western Nat’l Life Ins. Co. (1970) 10 Cal.App.3d 376, 392.
  • The insurance company cannot force you to accept an unreasonably low settlement offer, or force you to file a lawsuit to obtain policy benefits.
  • The insurance company must reasonably communicate with you.  You bought the insurance policy for peace of mind – not unreturned telephone calls and frustration.  See, Delgado v. Heritage Life Ins. Co. (1984) 157 Cal.App.3d 262, 278.

As denied insurance claim lawyers we can help. We can assist you during the claim process to ensure that your rights are protected, and your claim properly and promptly resolved.

Did You Know That There Are Regulatory Protections In This State
Called The Fair Claims Settlement Practices Regulations?

The denied insurance claim lawyers at Viau & Kwasniewski have litigated – through trial – the validity and applicability of the Fair Claims Settlement Practices Regulations set forth at 10 CCR §§ 2695.1 – 2695.13 (California Code of Regulations, Title 10, Chapter 5, subchapter 7.5).

By their own terms, the Insurance Commissioner promulgated the Regulations to accomplish the following objectives:

 “(1)      To delineate certain minimum standards for the settlement of claims which, when violated knowingly on a single occasion or performed with such frequency as to indicate a general business practice shall constitute an unfair claims settlement practice within the meaning of Insurance Code Section 790.03(h). . . .”

The Regulations provide you with additional rights:

  • In homeowner insurance claims, where your home has been damaged, you are entitled to the contractor of your own choice!  You do not have to use the insurance company’s contractor.  See, Regulations, section 2695.9.
  • In car insurance claims, the insurance company cannot require that you use a certain repair shop.  See, Regulations, section 2695.8.  These provisions specifically set forth minimal standards that apply to automobile insurance.  Section 2695.85 sets forth the Auto Body Repair Consumer Bill of Rights.

Our denied insurance claim lawyers service Southern California communities including San Diego, San Bernardino, Los Angeles and the Riverside County area. Viau & Kwasniewski Insurance Claims Lawyers can help to make sure that the insurance company handling your claim follows the Fair Claims Settlement Practices Regulations.

Frustrated with the handling of your claim?  Call our denied insurance claim lawyers today at (213) 842-8164 for more free information or use our Online Lawyer Contact Form.

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