Our San Jose, California attorneys at Gates Eisenhart Dawson firmly believe that insurance company should be forced to honor their contractual obligations. If you or your business is engaged in a dispute with your insurance company, you need a strong litigation firm in your corner. Josh Borger has extensive experience handling insurance matters. He has represented some of the world’s largest insurance companies in insurance coverage matters. Now, we draw on that experience to represent you and your business and ensure that you receive the coverage you are owed. Based in Silicon Valley, our insurance coverage practice extends throughout California and to other jurisdictions in select matters.
Businesses and individuals rely on insurance coverage to handle a large variety of risks, including lawsuits and property damage. Your insurance policy (the contract) provides that in exchange for the payment of certain amounts, the insurance company will provide you with coverage and pay valid claims. Yet, insurance is also a business. Often, insurance companies improperly deny, limit, or mishandle claims for their own profit. Policyholders are significantly at financial risk when their insurance companies fail to deliver on their contractual obligations. Unfortunately, many people just accept the insurance company’s denial of a claim. The claim and the policy should be evaluated to determine whether the denial was proper and the claim handling was appropriate.
Our lawyers will examine your insurance documents to determine whether the insurance company owes you a contractual obligation. Every insurance policy contains an implied covenant that your insurance company will handle your claim reasonably and promptly. In addition, California has laws prohibiting insurance companies from engaging in certain unfair claim settlement practices, including the following:
When your insurance company violates these obligations, it has committed what is commonly referred to as bad faith breach of an insurance contract. If your insurance company has acted in bad faith, then you may be entitled to damages separate and apart from the proceeds due under your policy, including economic losses, resulting emotional distress, certain types of attorneys’ fees, and in some cases prejudgment interest. If your insurance company is wrongly or unreasonably limiting, denying, or handling your claim, our attorneys can provide you with the necessary representation.
For more information about our insurance practice, we welcome you to contact GED.