Questionable claims would include suspicious fires, questionable burglary and theft claims, fraudulent auto theft claims and staged auto accidents, among others. Many property claims begin with the taking of examinations under oath (EUOs) of the insureds or sworn statements of claimants, informants or persons who claim to be insureds where there is a question of whether the policy was void because of misrepresentations before or since the date of loss. Attorneys provide legal guidance to clients during the investigation phase so that if a claim is denied, the company will be in a good position to defend that denial. They have also adopted procedures and standards to help clients fairly, quickly and economically make their claims decisions.

How do you prevent or respond to claims of bad faith, insurance code violations and deceptive trade practices?

Insurance Defense law firms have experience in handling suits involving these allegations, and their attorneys know that the primary factor in successfully handling these claims is to accomplish a thorough investigation and to have a complete mastery of the facts by the time they stand up in front of the jury.

What is subrogation?

Simply stated, the right of subrogation is the right to pursue someone else's claim. If you are subrogated to someone's claim, it means that you may pursue it as though it were your own. It can arise by the express agreement of the parties, or automatically by operation of law. The doctrine of subrogation is based on considerations of equity and good conscience and is granted as a means of placing the ultimate burden of the debt on the person who should bear it. The doctrine of subrogation has long been utilized by insurance companies who are obligated under their policies to pay their insureds for property damage or casualty losses that the insureds have sustained. In those situations where the damages appear to have been caused by the negligence or fault of third parties, insurance companies have traditionally exercised their right of subrogation to pursue claims against those third parties.

How do I know if I have enough insurance?

Your attorney can help you update the amount of insurance you have on your home or business.

What is spoliation and how can I protect against it?

Spoliation is the destruction or alteration of evidence during on-going litigation or during an investigation or when either might occur sometime in the future. Failure to preserve data that may become evidence is also spoliation in some jurisdictions.

A good records-retention policy can protect you against obstruction-of-justice claims. It will also reduce the time and expense spent locating documents responsive to discovery requests. Cost savings can be particularly dramatic when the records to be produced are in electronic form. A good records-retention policy can eliminate sanctions for delay in locating evidence or responding to discovery.