Experienced & Knowledgable Attorneys Helping Clients In Professional Liability Insurance Claims
Professional liability insurance, or errors-and-omissions insurance, is a form of liability insurance that indemnifies individuals by providing professional advice and services from claims of negligence or errors resulting from a civil lawsuit brought by clients or third parties. Professionals such as Liability Insurance attorneys, physicians and accountants carry professional liability insurance as protection against claims arising out of business or professional practices.
Coverage typically includes the costs of defense and indemnity of any damage awards up to the policy limits, and they exclude criminal acts, breach-of-contract claims or personal injury claims. McKennon Law Group PC in Newport Beach, California, specializes in litigating and resolving professional liability insurance claim disputes for individual and business policyholders. We have decades of experience in litigating and negotiating professional liability cases.
Overcoming Obstacles Made By Insurance Companies
Professional liability policy forms vary from insurer to insurer and from industry to industry, and often contain long lists of exclusions for specific losses. Many disputes focus on whether the claim was made and reported in the relevant policy period. In such cases, a dispute often arises over whether a “claim” was made, of which the insured had knowledge within the policy period. Insurers may also deny claims that are not reported within a reasonable period of time, as specified in the policy. In addition, whether and when a professional liability insurer must defend an insured against malpractice claims is often in dispute.
Disputes also arise as to when an insurer should have consented to and paid for settlement. An insurance company will often take advantage of the complexity of its own policies and issue improper denials, often based on ambiguous policy exclusions. Professional liability insurers will delay or withhold crucial defense payments to an insured while “investigating” these issues.
California law imposes an implied duty of good faith and fair dealing (more commonly known as “insurance bad faith”) in every insurance policy, based on fundamental principles of fairness. Additionally, most professional liability policies require that an allocation be made with respect to covered or potentially covered claims and those that are not. If an insurer unreasonably and without proper cause denies an insurance claim, refuses to cover an insured’s defense or refuses to conduct a reasonable investigation, a professional liability policyholder may sue for policy benefits due under the policy, “consequential damages” (damages that are caused by the bad faith conduct), emotional distress damages, punitive damages, attorneys’ fees and interest on past-due benefits (typically at the legal rate of 10%). Professional liability insurance policy denials are on the rise, as companies seek to avoid losses. (damages that are caused by the bad faith conduct), emotional distress damages, punitive damages, attorneys’ fees and interest on past-due benefits (typically at the legal rate of 10%).
We can overcome these unnecessary obstacles made by insurers. Our insurance litigation attorneys have a deep legal understanding of insurance companies and professional liability policies. And we are more than prepared to fight insurance companies’ bad faith claims denials.
We Want To Represent You, So Call Us
McKennon Law Group PC in Newport Beach, California, consistently and successfully represents clients in professional liability cases. If your claim has been denied, we are prepared to advocate on your behalf. For a free initial consultation, please fill out this free consultation form or call 1-800-682-4137.