Insurance Claim Recovery Services
- Article: “Bad Faith” Conduct by an Insurer? by Michael R. Kelley
- Article: Full Tort vs. Limited Tort by Michael R. Kelley
- Article: What is an Additional Insured? by Michael R. Kelley
Our Insurance Recovery attorneys help clients understand their insurance coverages, submit claims, negotiate insurance settlements and prosecute lawsuits against insurance companies. Our lawyers are on the cutting edge of insurance coverage and bad faith law.
Our client, a long time Type 1 diabetic, suffered an injury at his home. The injury became infected and his leg had to be amputated. When our client submitted claims for coverage under his accidental injury insurance policies with the Hartford and Stonebridge insurance companies, both insurers denied the claim on the basis that our client’s diabetes caused or contributed to the need for amputation.
On behalf of our client, we filed complaints in federal court challenging the denial of coverage and asserting that both companies denial was made in bad faith. The insurance companies both filed motions to dismiss the complaint. The federal court has now ruled that both complaints may continue and that our client has a viable claim for breach of the insurance policy and for bad faith conduct on the part of both insurance companies.
This case presents the innovative legal theory that an insurance company should not be permitted to target insurance coverage to people with existing conditions (like diabetes) and then use those existing conditions to deny coverage when a claim is submitted.
Insurance Recovery Litigation
Our attorneys have been representing business, professional, governmental, institutional, and individual policyholders for more than 25 years. We have successfully handled breach of contract, declaratory judgement and bad faith litigation on behalf of our clients. We have earned our reputation as tough and determined policyholder advocates.
Insurance policies are complex legal documents. In addition to the language itself, thousands of court opinions affect the interpretation of insurance coverage. We help our clients understand their coverages, identify holes in coverage, explain the amount of coverage that is needed, and even help them save money. We work with insurance brokers and provide independent analysis based on years of actual litigation experience.
We work with our clients from the outset of a loss to make sure that it is covered by insurance. We help our clients evaluate the amount of the loss, submit the appropriate paperwork to the insurance company, and negotiate the claim settlement.
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