Legal Question in Insurance Law in California

Re: insurance claim help

Your situation is not atypical of the usual insurance company response. You can count on needing an attorney's assistance. This will be followed by a rejection of the claim and your need to file suit. Find a good lawyer with experience suing insurance companies in your community.

Call or email me if I can be of furhter help.

Neil C. Newson

Re: insurance claim help

It sounds as though you need an attorney to help you. If the insurance policy was actually in force, the beneficiary is entitled to the benefits.

The insurance company has a legal duty to deal with you fairly and promptly, but they may need to be reminded of this. It may take only a telephone call or a letter from an attorney. If this is the case, you should not have to pay the attorney very much or give him a substantial portion of the recovery.

On the other hand, if the insurance company makes it difficult, the recovery could be much higher. An honest attorney will not take too much of your recovery.

Please feel free to get in touch with me at (626) 744-7780

Re: insurance claim help

Did the insurer issue a policy? Did you pay any part of the premium? If so, has the insurer refunded the money or does it still have same?

Approval for a policy is not necessarily the same as issuance of a policy. Are you sure the paperwork was ever turned into the insurer, or was it the agent who told you about the "approval?"

I think you should only deal with insurer in writing, and also with the agent. Get copies of everything you have -cancelled checks, applications, medical information, brochures, correspondence, business cards, etc.

I would obtain a complete copy of the agent's file if possible. An investigator can get your authorization and go to his office and copy it.

Something is not right, and it may not be as simple as you think, because I believe the insurer will claim there was no policy issued.

You may have an insurance agent malpractice case, and you should consider contacting an attorney who is familiar with insurance matters.