What is an Insurer?
An Insurer is, “the underwriter or insurance company with whom a contract of insurance is made.” (Black’s Law Dictionary 946. 4th Ed. Rev. 1968). It is important not to confuse the insurer with the insured. The insurer is the party offering insurance, while the insured is the individual who receives insurance (the policyholder). Usually the insurer is an insurance company.
Insurers usually have a pool of policyholders at any given time. Insurers draft policies and agree to terms with policyholders. When a policyholder experiences a loss covered by the policy, they file a claim with the insurer. The insurer reviews the claim and covers the loss if it meets the policy’s terms.
Insurers are subjected to legal obligations. They, like the policyholders, are legally bound by insurance contracts. They are also regulated by government agencies, which serve to make them operate legally and fairly. If an insurer fails to process claims fairly, unreasonably denies claims, or delays payments, it may be acting in bad faith. Policyholders can take legal action against insurers for such practices.
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Can I Sue the Insurance Company for Delaying a Claim?
Accepting the first settlement offer an insurer makes when filing a personal injury claim, auto claim, or other such claim is often unwise. An insurance company’s initial settlement offer may not represent the full amount of compensation you deserve.
However, once you do accept a settlement amount, you may expect the insurance company to issue a check relatively shortly after. Perhaps this hasn’t happened.
An insurance company may not be engaging in good faith practices if it is delaying payment unreasonably. Speak with our personal injury team at Munley Law to learn more about your options in these circumstances.
Understanding Insurance Bad Faith
There is an implied contract between an insurer and a client. Per this implied contract, the insurance company theoretically agrees to operate in good faith, […]
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What Is the Average Payout in a Wrongful Death Settlement?
A loved one’s untimely passing is always a painful experience. If your loved one passed because someone else was negligent, while nothing can bring them back, it’s important to understand that compensation may be available for various losses associated with their death.
Filing a wrongful death lawsuit allows surviving loved ones of a wrongful death victim to seek compensation for everything from
the direct financial losses of death to the emotional distress that might be more difficult to quantify after a tragic loss.
There is no standardized or officially tracked average payout for wrongful death settlements, as each case is uniquely influenced by factors such as the deceased’s age, income, future earning potential, and the circumstances of their death. Wrongful death settlements can vary dramatically based on multiple variables, including the jurisdiction’s laws, the severity of negligence involved, and whether the case involves auto accidents, […]
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What Is an Aggravation of a Preexisting Condition or Injury?
You may be eligible for compensation if you were injured on the job or in an accident resulting from the negligence of another party. You can seek compensation by filing an insurance claim or lawsuit.
However, your case may be uniquely complex if you have a preexisting condition. Along with compensation for any new injuries you may have sustained, you may also deserve compensation for the aggravation of a preexisting condition. Proving you deserve this compensation could be challenging, though.
Understanding Aggravation of a Preexisting Condition
What is an aggravation of a preexisting condition or injury? In a legal context, aggravation of a preexisting condition means that the condition was made permanently worse. This differs from exacerbation. When someone sustains an exacerbated injury, their previous injury temporarily worsens. However, said preexisting injury is likely to return to its previous state over time. […]
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What to Do If the Car Seat Is Defective
Every parent remembers that first drive home from the hospital – your newborn secured in their car seat while you drive more carefully than ever. We trust these essential safety devices with our children’s lives, which makes it all the more devastating when a car seat fails to protect our little ones due to a manufacturing defect. As a parent, few things are more frightening than discovering your child’s car seat – the very device meant to keep them safe – may have put them at risk of serious injury or worse.
While no parent wants to imagine their child being harmed by a defective car seat, understanding how to respond and knowing your rights isn’t just important – it could be crucial for protecting your child and other families using the same model. If your child has been injured due to a faulty car seat, you don’t have to navigate this difficult situation alone. […]
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Can I Sue My Neighbor for an Injury on Their Property?
When you’ve been injured on a neighbor’s property, you might feel confused, upset, and unsure about what to do next.
You may wonder about your options if you’ve suffered an injury while visiting next door. The short answer is yes, you can sue your neighbor for an injury on their property, but there’s more to consider before taking that step.
When an injury occurs on a neighbor’s property, the question of legal recourse often arises. The ability to sue a neighbor for such an injury depends on several factors and involves understanding premises liability law. Call a premises liability lawyer at Munley Law for a free consultation to review your legal options.
Why You Might Sue Your Neighbor for an Injury on Their Property
While suing a neighbor can be a difficult decision, there are several legitimate reasons why you might need to take this step if you’re injured on their property:
- Medical Expenses: If you’ve incurred significant medical bills due to the injury, […]
