February 28, 2005

What to do when an insurance company breaches its contract

Which is why contracts must be free of any ambiguities for both the insurance company and the policyholder. Whenever exclusions or limitations are stated, they must be stated very clearly. Oftentimes, insurance companies fail to fully explain these limitations to their clients, resulting in them successfully denying certain coverage when there is a loss. It is the insurer's policy to explain the contract to the client, especially if he is not aware of his rights or if he does not know if he is getting what is due fully his. However, the insurer is not required to tell him the adequacy of the insurance amount he selected. Keep in mind that when a contract contains provisions that are in favor of the company, the court will deem this unconscionable, and may refuse to enforce such provision.

Keep substantial evidence at hand. In such cases where a client is led to believe an advertisement or promotion of an insurance company that turns out to be false, depending on the state, legal protection can be provided for you.

When you are able to successfully prove that your insurance company has breached a contract, you can recover damages for consequential losses, loss of use of the insurance proceeds, general damages, attorneys' fees, and, in cases of egregious and misconduct, punitive damages.

Whatever happens, be sure to act fast. Insurance companies are always a step ahead of you in the legal department. Depending on the state, the statute limitation for a case like this is 2 years.

This composition is provided by Los Angeles Attorney Legal Services where in people can find answers to their legal questions and inquiries related to different practice areas such as personal injuries, vehicle accident, corporate business, social security, and employment.

 
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