At White & Stradley, PLLC, we frequently assist other attorneys with claims they are handling. Attorneys frequently request our assistance with first-party claims and third-party claims.
First-party Claims
Insurers often delay payment or refuse to pay first-party claims, such as uninsured or underinsured motorist claims. Attorneys handling these claims frequently call on the attorneys at White & Stradley, PLLC for assistance. Our attorneys frequently assist attorneys handling these claims at no charge. You can view testimonials from attorneys we have helped here.
In first-party claims, insurers have many duties to their insureds. Among other duties, insurers in first-party claims must:
- Refrain from misrepresenting the policy provision or pertinent facts;
- Acknowledge and act reasonably promptly on communications related to claims;
- Adopt and implement reasonable standards for the prompt investigation of claims;
- Conduct a reasonable investigation based on all available information before refusing to pay a claim;
- Affirm or deny coverage within a reasonable time;
- Attempt in good faith to effect prompt, fair and reasonable settlements when liability is reasonably clear;
- Refrain from attempting to settle claims for less than the amount to which a reasonable man would believe he is entitled to;
- Refrain from withholding a settlement under one part of a policy in order to influence a settlement under another part of the policy; and
- Provide a reasonable explanation for a denial of a claim or a compromise offer.
If you suspect that an insurer is not meeting its obligations to your client, or is otherwise acting in bad faith, we may be able to assist you. Often, we can talk you through the steps you need to encourage the insurer to correct its behavior. Failing that, we can assist in prosecuting claims for breach of contract, unfair trade practices and bad faith.
Third-party Cases
Do you have a clear liability case where the value exceeds the applicable insurance coverage? Have you obtained a verdict in excess of policy limits? We can assist you in obtaining the full value of these cases, not merely the policy limits.
Association Arrangements
At White & Stradley, PLLC, we understand the tough environment in which today’s tort attorneys practice. When we accept association on a case, we strive to provide as much, or as little, assistance as associating attorney needs, and we tailor the fee arrangement accordingly. In most bad faith cases, the associating firm keeps the fee on the amount of the insurance coverage. We can typically structure the fee arrangement so that we only take a fee on the amount of the recovery over and above the amount of insurance coverage.