THE EAGLE IS
FEARLESS, TENACIOUS, AND VISIONARY.

Inspired by these qualities, CLAW is delivering exceptional results to its clients. 

We know how insurance companies are organized, what their goals are, and how they operate.

With over 25 years of experience in insurance trial law, we fight for you in and out of the courtroom.

CLAIMLITIGATION

A claim is simply a demand by an individual or corporation to recover, under a policy of insurance, for a loss, or the basis for the claim of damages, that may come within that policy. 

 

Once made, the claim is assigned to an adjuster who is tasked with the responsibility of settlement. This typically involves investigation of the loss and a determination of the extent of coverage. In first-party insurance, the adjuster negotiates a settlement with the insured. In liability insurance, the adjuster coordinates the insured's defense and participates in settlement negotiations. 

Claim adjusters must thoroughly investigate claims and collect all relevant and necessary evidence. The investigation should continue as long as new facts develop or become available. Adjusters must develop the information and documentation necessary to determine liability and damages and must make decisions once they have sufficient information to do so.

 

Insurance companies have both a legal and contractual obligation to pay all valid claims. In fact, the law requires that every claim be handled fairly and reasonably. Yet claims may be denied, delayed, or even ignored. When insurers fail to honor their obligations to act in good faith in handling a claim promptly, fairly, and reasonably, the policyholder has legal recourse in the form of a lawsuit for “bad faith” claim adjusting.

 

“Bad faith” is a term describing blatantly unfair conduct that exceeds mere negligence by an insurance company. For example, a bad faith claim may arise if an auto liability insurer arbitrarily refuses to settle a claim within policy limits where an insured's liability or claim for first-party damages is incontrovertible. Bad faith damages, also known as extracontractual damages, are often substantial and frequently exceed the limits of the insurance policy that is the subject of the claim.

The longer a claim remains in limbo, the greater the likelihood that it will be denied, or your insurance company will make an inadequate settlement offer. In a free claim review, CLAW will review your claim and insurance policy. If we determine that you have a valid claim according to the policy language, we can represent you. Our firm will follow up with the company, demanding that it live up to its responsibilities. And, if necessary, we will go to court to get results for you.

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AUTO ACCIDENTS

AND INSURANCE CLAIMS

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PROPERTY DAMAGE

AND INSURANCE CLAIMS

COVERAGELITIGATION

Insurance coverage is the amount of risk or liability that is covered for an individual or entity by way of insurance services and is used synonymously with “insurance” or “protection.” 

Insurance coverage claims typically raise issues concerning the interpretation of liability insurance policies and the application of such policies to various claims or events. Issues include the duty to defend, defenses provided under reservations of rights, concurrent coverage, primary and excess coverage, and a great variety of other matters frequently facing both insureds and insurers.

Questions of coverage involve the insurance company’s contractual obligation to the policyholder. In the case of property insurance or some other first-party coverage, the insurer may have a contractual obligation to pay claims to the policyholder. Questions of liability involve the policyholder’s obligation to pay damages to a third-party claimant. These questions are outside of, or external to, the relationship between a liability insurer and its policyholder.

 

When an insurance company is notified of a claim or lawsuit, it has four options (most often they are not specifically described in the insurance policy, although the first two are implied). The insurer can accept the claim or defend the lawsuit. If a liability claim is involved, the insurance company pays the claim or agrees to defend the policyholder against the allegations of the suit and to pay damages up to the policy limit. 

 

If there is a question of liability or coverage or both, the insurance company may issue a reservation of rights letter (ROR). In electing to send an ROR, the insurer agrees to investigate the claim and, for liability cases, provide a defense but reserves its rights to disclaim coverage under the policy if the insurer later discovers through investigation that certain coverage does not apply.

 

The longer that coverage is undecided, the greater the likelihood that it will be denied, or your insurance company will make an inadequate settlement offer. In a free consultation, CLAW will review your claim and insurance policy. If we determine that you have a valid claim according to the policy language, we can represent you. Our firm will follow up with the company, demanding that it live up to its responsibilities. And, if necessary, we will go to court to get results for you.

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COVERAGE ISSUES

AND INSURANCE CLAIMS

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COVERAGE DENIALS

AND YOUR POLICY RIGHTS

INJURYLITIGATION

Personal injury is the injury to a person’s body or mind. These causes of action are based on tort law, which is a broad area of law that covers behaviors that cause injury, suffering, or harm to another person.

 

As a branch in the legal field, personal injury can be divided into three different types of claims: intentional torts, negligence, and strict liability. Each type of claim comes with its own set of elements that must be proven in order to recover any damages, and because of this, personal injury litigation is complex and complicated.

Determining fault is one of the most common difficulties faced during personal injury litigation. In order for the court to find the defendant at fault, the plaintiff is responsible for proving that the defendant was the cause of their injury. This must be done through the utilization of evidence. The plaintiff may use eyewitness testimony, video surveillance, medical documentation, defendant’s statements, and expert testimony in order to meet this element.

 

Determining fault may prove to be difficult in cases such as those involving medical malpractice or defective products. This is because medicine is a practice that does not produce exact results, and a product can pass through many hands which may make it difficult to discover who exactly is at fault. Calculating damages is another common difficulty that may be faced during personal injury litigation. This is due to the fact that it may be difficult to calculate exactly how much should be owed in damages.

 

Additionally, state laws can vary regarding compensatory damages, with some states placing limits on damages that may be received. This may be especially true for general damages. The plaintiff will need to prove the elements for that type of claim, which is most commonly negligence. A plaintiff’s awarded damages may be reduced or limited, such as if the plaintiff somehow contributed to their own injury.

Because personal injury is a complex field of law, and personal injury litigation requires a high level of knowledge on the subject, it is in your best interest to consult with a skilled and knowledgeable personal injury attorney. CLAW will provide you with legal advice and information regarding your personal injury and compensatory damage. We can assess your case and make you aware of what types of compensation may be available to you. Finally, we can file your claim, and represent you in court as needed.

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INJURY DAMAGES

AND INSURANCE CLAIMS

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NEGOTIATING

YOUR INSURANCE CLAIM