Insurance FAQ
- My insurance company just cancelled my policy; can it do that?
- What if my insurance company does not pay my claim?
- I recently cashed the check my insurance company sent me, and I think I'm being underpaid. What can I do?
- Do I need to get an attorney if I have a dispute with my insurance provider?
Q: My insurance company just cancelled my policy; can it do that?
A: Generally, once policies are issued, insurance companies cannot cancel policies without having a legally appropriate basis that is identified in the policies' cancellation provisions. California has laws that limit the conditions under which insurance companies can cancel insurance policies. For example, under California Insurance Code Section 661, automobile insurance companies can cancel policies under defined circumstances, such as the insured's failure to pay the premium or the insured engaging in fraud when pursuing a claim.
Q: What if my insurance company does not pay my claim?
A: There are two methods by which you can seek redress if your insurance company refuses to pay your claim. You can sue the insurance company for breach of fiduciary duty since the insurance policy between an insurer and the insured is considered a contract. Another available remedy is to use California's Unfair Claims Practice Act found at Insurance Code Section 790.03(h), which prohibits insurance companies from engaging in a wide range of deceptive practices with respect to insureds and their claims.
Q: I recently cashed the check my insurance company sent me, and I think I'm being underpaid. What can I do?
A: You still have legal rights available to you even if you already cashed your insurance carrier's check. In most circumstances, we can have the insurance company re-open your claim and prove that you were not reimbursed for all of the losses you incurred.
Q: Do I need to get an attorney if I have a dispute with my insurance provider?
A: Not every insurer who files a claim with their insurance company needs to obtain an attorney. However, depending on the circumstances of each person's situation, having legal counsel might be advisable. Whether the claim is for fire, flood, mold, theft, or auto damage, it might be useful to have a lawyer assist you with your insurance claim if the damages are significant or the insurance policy appears complex. An experienced insurance claims attorney can evaluate your damage, assess whether your policy covers such damage, and effectively negotiate with the insurance company.
Additionally, if your claim was unfairly denied or your insurance company underpaid you, an attorney can assist you in resolving that matter or, in the appropriate circumstance, file a lawsuit against the insurer.
Insurance companies have a multitude of lawyers protecting their interests. If you feel that you are not being treated fairly by your insurance company, contact The Dunk Law Firm for experienced assistance and representation. As a former insurance adjuster, the firm's principal, Andrew P.P. Dunk understands how insurance companies evaluate cases and the strategies they employ to minimize claims. To ensure your interests are protected, contact The Dunk Law Firm.
