What is “Excess Coverage” – Tracy Morgan v. Wal-Mart Example

Many people don’t realize that large corporations especially huge retailers like Wal-Mart, don’t have the same type of insurance policies as smaller companies or individuals.  Normally, an insurance company is obligated to pay starting dollar one on a claim and is obligated to pay for the cost of defense, including attorney’s fees and costs at…

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Can I Sue My Insurance Broker for Negligence?

Can I sue my insurance broker for negligence?  This is a question that often gets asked when a party suffers a catastrophic loss and doesn’t have sufficient insurance coverage to pay for all claims.  Many states, including California, have existing law that provides a duty on the part of a broker to, “use reasonable care,…

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Illegal Bad Faith Insurance Tactics Hurt Injured Victims Twice

Negotiating with insurance companies in an effort to obtain compensation after a vehicle accident is often challenging. In some incidences, insurance carriers do not properly negotiate a claim for accident and injury compensation in good faith. When a car, motor vehicle or premises accident victim is denied appropriate and reasonable compensation for their injuries caused…

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Seniors are Often Victims to Predatory Insurance Practices

Senior citizens have enough to worry about, from health to family to bills. Unfortunately, the insurance companies that they have signed policies with do not always live up to what they promise. In far too many cases each year, older residents are punished by the companies they trusted just for filing what they think is…

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“First Party” vs. “Third Party” Insurance Coverage

While there are numerous types of insurance policies and insurance coverage within those different policies, insurance can, generally, be categorized in one of two forms as follows: (1) “First Party”; and (2) “Third Party”.  Some policies fall within one or the other and some insurance policies have aspects of both.  Depending upon your the laws…

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Duty of Insurance Companies to Settle Legitimate Claims

In just about every U.S. jurisdiction, including California, insurance carriers have a duty to settle legitimate claims for the policy limits or face potential legal exposure if the person bringing the claim obtains a verdict or award in an amount higher than the coverage limits.  For example, California Insurance Code 790(h)(5) requires insurers “in good…

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