• 15
  • July
    2010
One of the most common questions we receive as insurance lawyers, regardless of whether it is within the context of representing someone in a sinkhole or hurricane claim, or whether we have a client who has an insurance company who won’t defend them as they are required to:  is my insurance company evil?  Are there good and bad insurance companies? Insurance companies sell a product best described as a “take it or leave it,” or what the law calls “contracts of adhesion.”  These contracts are like the contract you received the last time you rented a car, where you were presented the terms, and could either rent the car or go some where else.  You cannot change the terms to meet the specific requirements you possess.  Additionally, insurance companies are subject to extensive regulation and control by the state in which they are sold.  Prior to selling the product, they must submit their written forms to be approved or altered as the regulatory entity sees fit.  In the end, it is good for insureds to empower themselves with information to assure they have the protection they need, and insurers should seek only to sell products of value to their clients.  There are certain insurance products we believe are a sham and provide nothing to the purchaser (e.g. “catastrophic ground cover collapse” for sinkhole clients – worthless). To answer the question of “good or bad,” I would say this:  like any other product or service, there is a human element involved, where people make bad or wrong choices.  This is usually not the product of intent, but is oftentimes associated with limited resources or because a claim representative may not have received the training we believe would be required to complete a particular task.  If, however, a pattern and practice is shown to exist in the decision to make these bad choices to save a buck or two for the insurance company, then that is a separate matter.  These kinds of institutional or company philosophies are troublesome, and meet a hearty and well planned attack by our lawyers in the form of bad faith or breach of contract actions.  By taking the emotional element out of it, we make strategic decisions with our clients, who are partners in finding solutions to their insurance issues. If you have a situation requiring legal representation for an insurance claim, contact Corless Zinober FL personal injury lawyers at 866-969-2889