Bad Faith After Litigation Starts

Posted Thu 9th Jul, 2015 | by | on Insurance Claims

BAD FAITH AFTER LITIGATION STARTS By Stephen C. Kaufman Once litigation is commenced by an insured against an insurer with a demand for arbitration or the filing of suit in an attempt to collect uninsured or underinsured motorist benefits, the insurer oftentimes has the strange idea that it can treat its insured in whatever manner it likes, regardless of how awful, and that under no circumstances can the insurer be held liable pursuant to a …

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How to make 17% Interest on an Uninsured Motorist Claim

Posted Thu 9th Jul, 2015 | by | on Auto Accident Lawyer, Insurance Claims

HOW TO MAKE 17% INTEREST ON AN UNINSURED MOTORIST CLAIM By Stephen C. Kaufman This article will provide plaintiffs attorneys with a blueprint for arguing that an insured is entitled to 17% prejudgment interest on his or her uninsured motorist claim. Sure, this sounds odd and likely the reader’s eyes are starting to roll off to the left the way they do when something they are hearing is not making sense. Yet, recall that many …

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Bifurcation and the Bad Faith Claim

Posted Thu 9th Jul, 2015 | by | on Insurance Claims

By Stephen C. Kaufman There are certain insurers with policies requiring that the insured sue the insurer when they cannot agree on the amount of uninsured or underinsured motorist (hereinafter UM or UIM) benefits to which the insured is entitled. Often times the dispute over benefits is genuine, with both parties acting in good faith. Sometimes it is not and a claim for bad faith may result. When this happens the insured’s attorney would do …

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Thoughts for Discovery in the Bad Faith Case

Posted Thu 9th Jul, 2015 | by | on Insurance Claims

THOUGHTS FOR DISCOVERY IN THE BAD FAITH CASE By Stephen C. Kaufman This article is written to give the practitioner some thoughts concerning areas for inquiry in a bad faith case involving a delay or failure to pay uninsured motorist or personal injury protection benefits. In this regard, the focus here will be on questions to ask in interrogatories and documents to request for production. Because these are complicated cases and there is much the …

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Documenting your Accident and Recovery

Posted Sun 10th May, 2015 | by | on Insurance Claims, Personal Injury

If you’ve been injured in an accident and are seeking compensation for your losses, it’s important that you document your recovery and what specifically those losses are.  One of the first things you should do is take pictures to document the actual occurrence.  For instance, if you were involved in a motor vehicle accident, take pictures of not only your vehicle but any other vehicles involved as well.  This is because it is not uncommon …

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The Importance of Uninsured and Underinsured Motorist Coverage

Posted Thu 23rd Apr, 2015 | by | on Insurance Claims

Although I have previously blogged about the importance of uninsured and underinsured (UM/UIM) motorist coverage, this is a topic that again bears repeating.  Too often, I meet with a new client who was injured in a motor vehicle accident but is unable to receive compensation because the at fault driver does not have insurance and the injured party lacks UM/UIM coverage.  While having minimum limits of bodily injury insurance coverage is mandatory in Colorado, please …

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Getting the Information you Need

Posted Thu 22nd Jan, 2015 | by | on Insurance Claims, Medical Providers, Personal Injury

It’s always surprising to me when I meet with clients who have no idea what type of auto coverage they have, what the doctor diagnosed them with, or what type of medical treatment they are receiving.  This is just to name a few because when it comes to understanding these types of issues, most people tend to bury their head in the sand and assume (hope?) they’re being provided with the correct information.  I will …

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Why It’s Important to Use Your Insurance

Posted Sat 18th Oct, 2014 | by | on Insurance Claims

I often hear potential clients tell me about their possible claim and then follow it with their concerns about getting their or the at-fault party’s insurance involved.  I always ask the same thing- why do you have insurance if you are not going to use it?  Almost everyone knows the importance of having insurance, but too often people are concerned about actually using it to make a claim. The biggest worry I hear is, “I …

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Med Pay Coverage

Posted Fri 8th Jun, 2012 | by | on Injury Law Firm, Insurance Claims

Although no-fault is long gone in Colorado, you can still buy auto insurance that will cover your medical bills if you are hurt in an accident.  This coverage is called Med Pay and you have it as part of your policy unless you specifically reject it.  You pay an added premium for this coverage, so if you have health insurance you may not want to do this because it will be duplication in many respects.  …

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