INSURANCE CLAIMS,Disputes and Denials
Business owners work hard to build their businesses and plan for the unexpected. Homeowners know the risks inherent with owning their most important investment. They purchase insurance to pay for events that cause unexpected losses. Especially here in the Lowcountry, businesses and individuals are aware of the unique risks hurricanes and flooding may bring.
Whether a fire or a weather event shuts down or, worse, destroys your business operations or your home, people rely on their insurance to fairly cover their damages according to the terms of their policy. Insurance issues are often complex, and often involve several areas of law. Unfortunately, insurers may be quick to dismiss claims or undervalue claims after a loss. This is incredibly frustrating and unfair to anyone who has paid thousands of dollars in premiums over years, and often times without filing a single claim. When this occurs, a small business’s status as a going concern often is at risk and a family is faced with the prospect of being unable to rebuild their home, or live in it unfinished, or unsafe.
Shelton Law Firm, LLC assists businesses and individuals with understanding their rights as a policy holder under their Policy and South Carolina law. Sometimes insurers deny claims arbitrarily, without properly investigating the facts, the cause of the loss, or the scope of the loss. At other times your carrier may simply not have enough information to understand the claim, and terms in your policy may require you to provide complete information.
Thankfully, in South Carolina, the language of an insurance policy must be construed to the benefit of the insured - you – and against the insurance company. Further, the insurance company owes you, its insured, the obligation of good faith and fair dealing in investigating your claim, processing your claim, adjusting your claim and paying benefits owed under your claim.
If you or your business has suffered a financial loss due to an emergency or government enforced shutdown, or physical loss due to an event, your policy of insurance may be “triggered.” Similarly, if your business has received a claim from an employee or customer, it is possible that you may have insurance to cover that claim and defend you in the lawsuit. Ben has helped individuals businesses recover hundreds of thousands of dollars in insurance claims which have been disputed in scope or existence by insurers.
Shelton Law Firm, LLC offers free consultations and flexible fees in assessing individual, business and commercial insurance claims.
INSURANCE AGENT NEGLIGENCE CLAIMS
Sometimes, a business suffers a major, unexpected loss and insurance simply does not exist to cover the claim. In other times, a loss occurs and you discover that too little insurance exists. If you or your business has relied on a professional insurance broker or agent to produce your policy and your policy does not adequately cover you or your business after a loss, it is important to investigate whether you hold a claim against your insurance agent for failing to reasonably “procure” your policy terms or to advise you as to your available insurance options.
Whether you or your business hold an enforceable claim is dependent on several factors. Some of these factors include the nature of your relationship with your agent or broker, the length of that relationship, the type and degree of advice your broker or agent gave to you, and the services they provided. Another important factor is whether you or your business followed the advice given to you by the agent.
Insurance agent negligence is a complex, fact specific area of law. If you or your business is facing a loss that is not covered by insurance, in addition to looking at whether the policy should cover the claim, it is important to investigate whether a professional insurance agent breached a duty they may have held to you or your business in procuring your policy or in the advice they gave or failed to provide to you.