Entries in the 'Insurance Law Settlements' Category ↓
Insurance law is a relatively new area of law that has arisen since the 1940s to help control the insurance business and regulate its practices. Protecting citizens and ensuring that insurance companies live up to their promises to their customers, as well as protecting the insurance companies themselves from fraudulent and expensive claims is the goal of insurance law.
Insurance law, however, goes much deeper today, with regulations that are designed to make sure insurance companies are able to meet their obligations if and when a claim is made. Ensuring that insurance companies are well-capitalized and solvent – able to meet the claims needs of their clients when called upon to do so is a key component of insurance law.
Despite the existence of relatively recent federal insurance regulations, many states have independent insurance commissions that regulate the activities of businesses op-erating within their borders. Consumer protection against fraudulent insurance practices is also covered by both federal and state insurance laws.
Recent problems within the nation’s largest insurance companies and the financial tremors that financial problems there caused, have led to increased scrutiny of the entire insurance industry. This area of law is anticipated to grow tremendously in the coming years.
March 12th, 2010 — Insurance Law Settlements
Insurance Bad Faith Attorneys in Oklahoma, Stauffer & Nathan represents some of the world’s best insurance companies. Therefore, our lawyers know how good insurance companies operate. We know how to get your claim paid when bad insurance companies take your hard earned money and deny your claim. These bad insurance companies hurt the reputations of the good insurance companies. Because we have represented insurance companies for over 100 years, we recognize when a bad insurance company wrongfully denies your claim. Our Tulsa bad faith insurance lawyers work hard to get your money for you. Our lawyers do not let the bad insurance companies take advantage of you.
In 2007, Stauffer & Nathan reached the largest pretrial bad faith claim settlement in Oklahoma history. Oklahoma insurance attorneys at Stauffer & Nathan represented Melton Truck Lines against their primary insurance carrier (Gulf) and was able to obtain $10 million in excess judgment payments and an additional $8.5 million paid directly to Melton. During discovery, Stauffer & Nathan produced more than 30,000 pages of documents and took more than 50 depositions throughout the United States.
Oklahoma Bad Faith Litigation Attorneys, Stauffer & Nathan – Published Cases
* Hales v. A.G. Ins. Co, 2006 OK CIV APP 8, 138 P.3d 567
* ANB Bankcorp, Inc. v. Equitable Life Assurance, 86 F.Supp.2d 1113 (ND Okl. 2000)
* Lawrence v. State Farm Fire & Cas., 166 F.3d 1221, 1999 WL 26880, (10th Cir. 1999)
* State Farm Fire & Cas. v. Van Horn, 139 F.3d 912, 1998 WL 58187 (10th Cir. 1998)
* Travel Stop v. Alliance Gen. Ins, 950 P.2d 834 (Okl. 1997)
* Truesdell v. State Farm Fire & Cas., 960 F.Supp. 1511 (ND Okl. 1997)
* Wagnon v. State Farm Fire & Cas., 146 F.3d 764 (10th Cir. 1998)
* Wagnon v. State Farm Fire & Cas., 951 P.2d 641 (Okl. 1997)
* Weldon v. Dunn, 962 P.2d 1273 (Okl. 1998)
February 19th, 2010 — Insurance Law Settlements
Consent to Settle assignable in Bankruptcy
Bad Faith Insurance Attorney in Oklahoma City Explains Filing Bankruptcy Post Insurance Lawsuit
Oklahoma City bad faith insurance attorney, Jody Nathan explains, after the Olahs sued him for malpractice, Dr. Baird filed bankruptcy. The Olahs asked the trustee of Dr. Baird’s bankruptcy estate to “sell” them Dr. Baird’s right to consent to settlement under his medical liability insurance policy. The trustee balked, writing that by the terms of the insurance contract he did “not believe that there was any asset which the trustee could assume and assign to” the Olahs. The Olahs then sought a declaration that the “right to settle” was indeed part of the estate. When the trial court refused to so hold, they appealed. The Tenth Circuit ruled that the liability policy is properly part of the estate, and that the trustee has discretion to exercise Dr. Baird’s rights under the policy (including the consent to settle) or to assign those rights to the Olahs.
There were some interesting arguments made in this opinion. The insurance company argued that making the consent to settle clause assignable would “drastically impact the risk and burden on [it].” The Tenth Circuit didn’t buy it, noting that the insurance company had the right and duty to defend the claim, and that no one could force the insurance company to settle. If the insurance company and the plaintiffs negotiated a mutually agreeable settlement, then it would be in the insurance company’s interest to have the plaintiffs and not Dr. Baird exercise consent. Further, since Dr. Baird’s liability was discharged in bankruptcy, he had nothing to lose and everything to gain from frustrating a settlement.
In re Baird, Case No. 07-4282
Bad Faith Insurance Lawyers in Oklahoma City - Stauffer Nathan
February 19th, 2010 — Insurance Law Settlements
Failure to meet requirements of the Unfair Claims Act is negligence – Oklahoma Insurance Lawyers, Stauffer Nathan
Oklahoma Insurance Lawyers Stauffer Nathan
In Roberts v. Printup, Ms. Roberts was injured in a one car accident. She was a passenger, her son Printup was driving. The accident was promptly reported to Shelter, the insurance company, and she received the limits of the medical payments. Eleven days before the statute of limitations ran on the claim, Roberts sent a letter to Shelter offering to settle for policy limits ($25,000) and estimating her medical bills to be in excess of $125,000. The letter said she needed a response within 10 days because of the statute of limitations. Ms. Roberts had an agreement with her attorney that if Shelter paid the claim upon demand, she would not owe any attorneys fees on the amount paid. Shelter did not respond for three weeks and then attempted to accept the offer. Ms. Roberts refused. After liability was admitted, a judge determined Ms. Roberts damages to be in excess of $1 million. Shelter paid its limits and Ms. Roberts then was assigned Printup’s claims against Shelter for the excess judgment.
The trial court granted summary judgment to Shelter on the claims of bad faith and negligence. The Tenth Circuit reversed, affirming the dismissal of the bad faith claim, but sending back the negligence claim. See, Roberts v. Printup, 422 F.3d 1211, 1212 (10th Cir. 2005). In the first appeal, the court found that Shelter’s failure to respond to Roberts letter within 10 days was a violation of the Unfair Claims Practices Act as adopted by Kansas. In the second go around, the district court found that Shelter did not have a written policy, procedure, or mechanism in place to ensure that a claim would be acknowledged within ten working days, that Shelter was negligent in handling the letter and that Roberts was not trying to manufacture a bad faith claim. Nevertheless, the district court found that the failure to timely respond did not cause the excess judgment, thus ruling that Shelter was not liable for the excess judgment.
The Tenth Circuit reversed again. The court states:
It is readily apparent that it was foreseeable to Shelter that its negligence in failing to implement a system to handle reasonable time-sensitive settlement offers from an injured party could result in a lawsuit being filed against its insured. Accordingly, its attempt to accept the expired offer in this case did not absolve it of liability for damages to its insured caused by its earlier negligent failure to settle.
* * * *
Tulsa Insurance Lawyers Stauffer Nathan
Shelter did not give Mr. Printup’s interest the same consideration as its own or it would have set up an appropriate system to handle time-sensitive settlement offers.
The Tenth Circuit found that based on the district court’s findings, “it is apparent that it was Shelter’s failure to implement a system to handle reasonable time-sensitive offers in negligent disregard of its insured’s interest that exposed Mr. Printup to damages in excess of policy limits.” Thus, the court reversed and remanded the case with directions to enter judgment in favor of Roberts.
If you are facing an insurance lawsuit, contact an experienced lawyer who knows how good insurance companies operate. A lawyer who knows how to represent your case or win you a settlement, will know how to get your claim paid when bad insurance companies take your hard earned money and deny your claim.
September 21st, 2009 — Accident Settlements, Insurance Law Settlements
The lives of the rich and famous are studded with memorable motorcycle crashes, from legendary writer and soldier T.E. Lawrence’s fatal 1935 accident in England to folk singer Bob Dylan’s mysterious motor bike crash near Woodstock in 1966. Many actors such as CHIP’s Eric Estrada to rockers such as Steven Tyler have all taken their share of motorcycle tumbles. Motorcyclists in the Philadelphia area are no exception.
History of Pennsylvania’s Motorcycle Accidents
Even Pennsylvania, the home of one of Harley Davidson’s factories and the antique motorcycle museum, has seen motorcycle accidents of high-profile Americans. For example, John Gardner, a noted literary critic, poet and writer, died in a 1982 motorcycle crash near Susquehanna. In 2006, Steelers quarterback Ben Roethlisberger suffered jaw and nose injuries after crashing on his motorcycle in Pittsburgh. The athlete, the youngest ever quarterback to win a Super bowl championship, had not been wearing a helmet but later recovered from his injuries.
Motorcycles, along with all of their risks and glories, have long been a part of Philadelphia’s history. Injuries sustained in a motorcycle accident can be serious, and it is important to find a knowledgeable law firm that can fight for your claim and settlement whether or not you are a celebrity.
Motorcycle accident injuries can take a long time to heal (Steven Tyler’s torn heel took the better part of a year), and for ordinary riders, medical bills can pile up to overwhelming amounts. Hospitalization expenses, in addition to physical therapy and loss of wages, are too much of a financial burden for anyone who is not a Hollywood star or championship athlete.
Article provided courtesy of the Philadelphia motorcycle accident attorneys at Lundy Law in Philadelphia, Pennsylvania, 866-281-8612, www.lundylawmotorcycleaccident.com.
September 14th, 2009 — Insurance Law Settlements, Settlements, Workers Compensation Settlements
The Oklahoma Supreme Court approved a direct action for bad faith against the insurer for workers’ compensation benefits by the injured worker in Sizemore v. Continental Casualty Company, 2006 OK 36, 142 P.3d 47. The bad faith action is one that can only be brought in certain instances. The claimant must have received some type of an award from the workers’ compensation court or other order entered in favor of the claimant that has remained unpaid without valid cause or justification. There must have been a certification of the award under the enforcement provision of the Workers’ Compensation Act. One of the complaints often made by claimants against the workers’ compensation court as well as the insurers that provide indemnification for the benefits is the slow time in receiving payment. The Oklahoma Supreme Court noted that once an order is in place and all procedural safeguards have been previously met, there really is no justification for refusing to pay the order entered by the court. Although the opinion does not address the respect we should all have for lawful court orders, it appears to me there is a slight undertone in which the court is attempting to say the decisions of Oklahoma workers’ compensation judges should be honored, respected, and obeyed. Whether you favor or disfavor allowing a claimant to bring an independent action for bad faith based upon a workers’ compensation award that has not been paid, it is the present law in Oklahoma.
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July 16th, 2009 — Insurance Law Settlements
If you have a Boca Raton bad faith insurance claim, your success or failure could depend upon whether you keep accurate records about your claim. You should keep a record of everything you do, and all conversations you have, involving your claim. Experience has taught us that the best way you can maintain accurate records is by keeping an Activity Log and by sending confirming letters to the people with whom you speak.
Your Activity Log should be a separate record devoted to your claim. It could, but does not have to be, a notebook. The important thing is keeping all your records in date order in one place so that your information is well organized and easy to find when you need it. Whenever you take any action involving your claim, you should summarize what you have done in your Activity Log. You should also write down the date, the beginning time, and the ending time of your activity. If you speak to anyone about your claim, summarize your conversation in your Activity Log. State whether your conversation was over the telephone or in person. If your conversation was over the telephone, it is a good idea to write down the telephone number of the person to whom you spoke. If your conversation was in person, state where your meeting took place. Make sure to write down the date, the beginning time, and the ending time of your conversation. This may sound tedious, but it could make the difference between the success or failure of your Boca Raton bad faith claim.
There is another important thing you should do. When you speak to a representative of the insurance company, it is not enough to make an entry in your Activity Log. You also should send a letter to the person with whom you spoke summarizing your conversation. This is known as a “confirming letter.” Sending a confirming letter avoids misunderstandings. A confirming letter proves both that a conversation took place and what was said. If the person to whom you send your confirming letter disagrees with your understanding of the conversation, he or she may write back to you to express his or her understanding of the conversation. If he or she does not write back, you have proof that your letter is correct. If you do receive a return letter disagreeing with yours, it is far better to clarify the situation immediately rather than finding out later, when it may be too late, that a disagreement or a Fort Lauderdale insurance claim dispute exists.
Keeping an Activity Log and sending confirming letters are simple steps to protect yourself when you make Fort Lauderdale bad faith insurance claims, but so many important things in life are simple. Sometimes we need to be reminded to do things we know as a matter of common sense we should.
Sperry, Shapiro & Kashi, P.A. – Insurance Attorneys Fort Lauderdale
1776 N. Pine Island Road Suite 324 Plantation, FL 33322
Phone: 954-423-6553
Florida-Insurance-Lawyers.com
May 15th, 2009 — Insurance Law Settlements
Ainsworth v. Combined Insurance Company of America, 105 Nev. 237, 774 P.2d 513 (S.Ct. 1992)
In this insurance bad faith case, our firm, in association with Reno attorney, Peter Chase Neumann, tried to a jury an elderly disabled man’s claim against an insurance company for disability benefits of approximately $9,600 dollars. The jury awarded damages, including $5,935,000 in punitive damages, against Combined Insurance Company for the bad faith conduct the company engaged when it denied the disability benefits. The Nevada Supreme Court reinstated the punitive damage jury verdict after it was struck down by the trial judge and established standards of conduct that insurance companies must follow in handling claims brought on behalf of Nevada policyholders for insurance benefits as well as standards applicable to punitive damage awards.
Related Links:
personal injury lawyer in reno
reno personal injury lawyer
May 12th, 2009 — Accident Settlements, Criminal Law, Employment Labor Law, Insurance Law Settlements, Medical Malpractice Settlements, Personal Injury Settlements, Truck and Trucking Accident Settlements, Workers Compensation Settlements
Tim Anderson Jr., a personal injury and criminal defense attorney, was born in Tampa, Florida in 1979. Tim Jr. is a graduate of H.B. Plant High School, and has spent the majority of his life as a Tampa resident except for the years he spent away as a “Gator” at the University of Florida.
In 2002, Tim Jr. graduated with honors from University of Florida with a B.A. in Political Science. Tim continued at UF where he earned his law degree at the University of Florida Levin College of Law in 2005.
Aside from being a “Gator Football” fan, while at the University of Florida Tim Jr. became involved in a number of student activities. Tim was actively involved with the Sigma Chi Fraternity, and the U.F. Interfraternity Council, serving as President of both of those organizations.
During Tim’s time in law school, he worked in Tampa during the summer months as a law clerk in the personal injury and criminal practice areas. Tim became a Certified Legal Intern at the State Attorney’s Office and tried his first Jury trial in his third year of law school.
After passing the Florida Bar exam, Tim served for two and a half years as an Assistant State Attorney for the 13th Judicial Circuit in Hillsborough County. In this position, Tim prosecuted hundreds of criminal cases at the misdemeanor and felony level. While serving as an Assistant State Attorney, Tim was able prosecute to verdict over 20 jury trials.
In March 2008, Tim Jr. joined his dad and the staff he has grown up around. He is delighted to further his career by helping those injured in truck and auto accidents and individuals accused of criminal wrongdoing.
Tim Jr. is married and focuses on the Personal Injury and Criminal Defense areas of law.
During his free time, Tim Jr. enjoys boating, snow skiing, and “Gator” football games. Tim has also played the piano since age four, and loves to entertain a crowd with rock-n-roll style piano performances.
Law Firm of Timothy G. Anderson, P.A.
213 S. Brevard Ave.
Tampa, Florida 33606
(877) 231-9562
April 28th, 2009 — Accident Settlements, Insurance Law Settlements, Medical Malpractice Settlements, Personal Injury Settlements, Profiles, Settlements, Truck and Trucking Accident Settlements
Attorney Timothy G. Anderson, Sr., has been representing the injured since 1974. His experience and knowledge of personal injury as a truck, motorcycle, and auto accident attorney in Tampa are recognized by his peers. His high standards are shared by the attorneys and staff at the Law Firm of Timothy G. Anderson, P.A.
Mr. Anderson graduated with honors from Jacksonville University in 1971 and the University of Florida College of Law in 1974. He was admitted to the Florida Bar in 1974. He grew up in a casualty insurance environment, his father being a State Farm Insurance Divisional Superintendent. In 1975, after one year of defending insurance companies, he began exclusively representing injured individuals involved in truck and auto accidents.
Mr. Anderson is a Master of the American Inns of Court and has been Board Certified by the Florida Bar in the field of Civil Trial Practice since 1983. He has been lead counsel in more than 300 personal injury jury trials and is frequently asked to lecture and provide expert testimony in matters involving personal injury and insurance law.
Mr. Anderson is married to his wife, Carole, and has two sons, one daughter and two grandchildren.
Law Firm of Timothy G. Anderson, P.A.
213 S. Brevard Ave.
Tampa, Florida 33606
(877) 231-9562
October 31st, 2008 — Insurance Law Settlements, Settlements
Two separate million dollar settlements from the Florida Insurance Lawyers at Zebersky & Payne.
Addison v. American Medical Security and Untied Wisconsin Life Ins. Co.
- Zebersky and Payne helped their client receive a 40 million dollar valued settlement after verdict. This was a class action against out of state group health insurance company based on the company’s rating practices.
Jeff v. Brown
- The clients of Zebersky and Payne were awarded a $18.5 million-dollar judgment for a quadriplegic injured from a gun wound. This was part of a bad faith settlement.
The lawyers at Zebersky & Payne are Bad Faith Attorneys in Florida.
