logo-bailyn

Wrongful Claim Denials

Business Law & Litigation

Most any insurance policy you buy will exclude and limit most – sometimes all – of the very risks that you are buying insurance to protect yourself against. In many cases there’s a substantial deductible on top of that. The language in insurance policies is unintelligible to the average person – even the average intelligent person. You can read the entire policy before signing, but you probably won’t understand it. You buy the policy anyway, because it’s important to be protected.

Then, when you have a claim, it is denied. Sometimes they drop you. The worst ones will flag your name in their system and instruct their staff not to speak with you. All the while, you are experiencing some sort of loss – the reason you filed the claim in the first place. You’re tired. You’re emotionally, mentally and physically spent. You’re often financially wiped out too. You need the payout from this insurance policy to get back on your feet.

The insurance company knows that you’re in no position to sue them without the very money they’re denying you. And they use that to maximum advantage – make no mistake about it. For this reason, we quite often take insurance cases on contingency. We are committed to getting our clients what they deserve. In some situations, we can achieve results early in the process through a combination of legal demand letters, complaints to government agencies, and highly aggressive follow-up. But many times, litigation is required to wake them up. It’s unfortunate, but it often takes a lawsuit before any kind of meaningful payment is made.

We can also assist you in structuring and negotiating your insurance policies from the outset. This way, you’ll know that you have the coverage you think you have. Depending upon your circumstances and needs, it could make more sense for you to self-insure, set up captive insurance, or otherwise focus on risk management to lower your investment in insurance. If you’re having an insurance dispute, or if you’re looking to avoid one, please call 718-841-0025 for a free consultation.

Corporate and litigation counsel to small and mid-sized businesses and property owners.