Insurance Litigation Lawyer in California

Insurance is meant to provide peace of mind, protecting individuals and businesses from financial burdens caused by unexpected events. However, disputes can arise if an insurer denies or underpays a valid claim, or if a policyholder faces legal action and expects the insurance company to defend them. At Kolmogorov Law, P.C., we help clients clarify their rights and obligations under a wide range of policies and, when necessary, pursue litigation to ensure fair treatment and proper coverage.

When Do Insurance Disputes Arise?

1. Claim Denials or Underpayment

   • Common Scenario: After filing a claim for property damage, a personal injury, or another insured event, the insurer rejects the claim outright or pays significantly less than the claimed amount.
   • Potential Causes: Policy exclusions, disputes over the policy's interpretation, or allegations that the policyholder failed to comply with certain conditions (e.g., late reporting).

2. Coverage and Policy Limits

   • Common Scenario: The insurer argues that the loss or liability exceeds policy limits or falls outside the policy's scope of coverage.
   • Potential Causes: Ambiguous language in the policy, conflicting endorsements, or misunderstandings about maximum payable amounts.

3. Bad Faith or Unfair Handling

   • Common Scenario: The insurer engages in unreasonable delays, misrepresents policy terms, or disregards evidence supporting coverage.
   • Potential Causes: Aggressive cost-saving measures, internal miscommunications, or subpar claims-handling practices.

4. Refusal to Defend or Indemnify

   • Common Scenario: A policyholder is sued by a third party and expects their insurer to provide defense and/or coverage, but the insurer refuses.
   • Potential Causes: Disputes over whether the alleged wrongdoing is covered, the insurer claiming the policyholder failed to disclose critical information, or policy exclusions for specific liabilities (e.g., intentional harm).

5. Misrepresentation, Rescission, or Cancellation

   • Common Scenario: After a claim is filed, the insurer cancels or rescinds the policy, asserting that the policyholder provided inaccurate information during the application process.
   • Potential Causes: Discrepancies in the policy application, non-payment of premiums, or changes in the risk profile.

Types of Insurance Coverage

1. Property Insurance

   • Purpose: Protects physical assets (e.g., real estate, equipment, inventory) against events like fire, theft, or natural disasters.
   • Disputes: Scope of coverage, exclusions for specific perils, and valuation of damaged property.

2. Liability Insurance

   • Purpose: Covers claims of injury or property damage made by third parties.
   • Disputes: Duty to defend or indemnify, policy limits on damages, and exclusions for certain types of conduct (e.g., intentional acts).

3. Business Interruption Insurance

   • Purpose: Compensates for lost income or extra expenses when a business cannot operate due to a covered event.
   • Disputes: Whether the disruption qualifies for coverage, how to calculate lost revenue, and how long coverage should last.

4. Commercial General Liability (CGL)

   • Purpose: Covers various business liabilities, from premises liability to product-related claims.
   • Disputes: “Trigger” of coverage, whether an incident occurred within the policy period, and specific policy exclusions (e.g., professional errors).

5. Professional Liability (E&O)

   • Purpose: Protects individuals and companies against claims arising from professional services, such as negligence or malpractice.
   • Disputes: Defense obligations, scope of covered activities, and policy exclusions based on industry-specific risks.

6. Directors and Officers (D&O) Insurance

   • Purpose: Shields company executives from personal liability for actions taken in their official capacity.
   • Disputes: Determining whether the alleged wrongdoing occurred in the scope of official duties, and exclusions for fraud or criminal acts.

7. Workers' Compensation

   • Purpose: Provides benefits to employees who suffer job-related injuries or illnesses.
   • Disputes: Whether the injury is work-related, the adequacy of medical benefits, and the duration or extent of disability benefits.

How to Handle Insurance Disputes

1. Early Policy Analysis

   • Key Step: Thoroughly review the policy language, endorsements, and any relevant riders.
   • Outcome: Clarifies the parties' rights and obligations, helps identify potential coverage gaps or exclusions, and shapes the strategy for resolving the dispute.

2. Open Communication and Documentation

   • Key Step: Maintain detailed records of all communication with the insurer, including phone calls, emails, and letters.
   • Outcome: Ensures a clear paper trail that may prove crucial in negotiations or court proceedings.

3. Negotiation and Mediation

   • Key Step: Engage with insurance adjusters or claims managers to seek an amicable resolution.
   • Outcome: Early settlement can save time and costs for both sides, and may preserve a business relationship with the insurer.

4. Litigation

   • Key Step: File a lawsuit when an insurer's refusal to pay or defend a valid claim violates the policy terms or California's laws on bad faith or unfair claims practices.
   • Outcome: Court proceedings can compel the insurer to provide the coverage owed or compensate the policyholder for resulting damages, including legal fees and potential punitive damages.

5. Consulting Qualified Counsel

   • Key Step: Seek an attorney experienced in insurance law as soon as a dispute arises, particularly in complex or high-stakes matters.
   • Outcome: Ensures the policyholder's rights are safeguarded at each stage, from initial claim filing to final resolution.

Why Choose Kolmogorov Law, P.C.?

At Kolmogorov Law, P.C., we have extensive experience dissecting insurance policies, handling claim disputes, and representing clients in negotiations, mediations, and litigation.

We focus on:

• Personalized Strategy: Every insurance issue is different, and we tailor our approach to each client's specific goals.
• Clear Communication: We keep you informed at every stage, explaining policy terms and legal options in straightforward language.
• Comprehensive Advocacy: Whether you need help reviewing coverage before a claim arises or fighting for rightful benefits in court, we are ready to stand by your side.

If you are facing an insurance dispute—or simply want to proactively understand your coverage—reach out to Kolmogorov Law, P.C. to learn how we can help. Our team is dedicated to protecting your interests and ensuring your coverage works the way it should.

Fill out the online form or contact us at (909) 235-6116 to schedule a consultation.