Articles

Bad Faith Claims and Wins at KCEH

BAD FAITH CLAIMS We recently filed the first of two cases against Anthem Blue Cross for failure to fully pay a claim for emergency medical evacuation by an insured who needed immediate transport to a medical facility after suffering a serious injury. The case is filed in the United States District Court for the Southern District of Indiana. In addition to the California Bar, Guy Kornblum is a member of the Indiana Bar and has joined with Dave McNamar of Indianapolis, who is Of Counsel with KCEH. The case is a compelling one indeed and includes a “bad faith” claim. We also have a second and even more compelling case (with a great story about the insured who was on an “Angel of Mercy” venture when she suffered a stroke while trekking up Mt. Kilimanjaro). More on that one later. WINS We settled a very interesting case on behalf of an infant who is the survivor of a father not…

Pursuing Arbitration in UM/UIM Claims

How Much Auto Insurance Coverage Should I Have? I often state that it is our recommendation that anyone owning an auto have primary liability (protection if you negligently hurt others) policy limits of $300,000 per person and $500,000 per accident. In addition, and an excess policy above that which provides at least $1 million in additional liability coverage and also if you are injured by an uninsured or underinsured motorist protection. As to the latter, if you are injured by the negligence of a third person with no insurance or insufficient coverage to compensate you or others in the car, then your policy kicks in and provides additional coverage. For example, if you have the total of $1.5 million I have recommended, and you are injured by a negligent driver, you have that additional sum which is available to pay for your injuries. If the negligent driver has $100,000 in…

Insurance Company Responsibilities in Uninsured/Underinsured Motorist Claims

This is the third article from Guy O. Kornblum on Uninsured/Underinsured Motorist Coverage (UM/UIM). He has discussed what it is, how it works and why you should have as much coverage as you can. As a reminder, it is our recommendation for primary policy limits of $300,000 per person and $500,000 per accident, and an excess policy above that which provides at least $1 million in additional coverage for UM/UIM. I also stressed that in order to qualify for this coverage you must purchase liability insurance (i.e. which protects you from suits by others resulting from your negligence) in the same amounts as the UM/UIM insurance that you want. Make sure you cover this with your agent when discussing your auto policy. INSURANCE COMPANY RESPONSIBILITIES Now let’s discuss how the insurance company must handle a UM/UIM claim once it is presented. First of all, there is an important point to recognize: UM/UIM coverage involves a claim made by an insured to its own insurance company. Thus it is that…

Guy Kornblum Named Top Attorney in North America

Our own Guy O. Kornblum was selected for inclusion in the forthcoming  Top Attorneys of North America 2017 edition of The Who’s Who Directories. Guy O. Kornblum has specialized as a trial and appellate lawyer for over forty years in a wide range of civil litigation, including serious injury and wrongful death, professional liability (legal and medical),  financial and physical elder abuse, business disputes, and all aspects of insurance including ‘bad faith’ claims. Mr. Kornblum himself has handled over 4,000 litigated matters to conclusion and has several million dollar plus cases to his credit, having represented hundreds of clients, small businesses, individuals, and large Fortune 500 corporations. He is certified in Civil Trial Law and Civil Pretrial Practice Advocacy by the prestigious National Board of Trial Advocacy and is a Charter Fellow of the American College of Board Certified Attorneys and of the Litigation Counsel of America Trial Lawyer Honorary. Mr. Kornblum is also the…

What Happens When Motorists Don’t Have Insurance?

In our last post, we shared an an overview of what Uninsured/Underinsured Motorist Coverage (UM/UIM) is and why you should have it in your auto policy. Another staggering fact is that despite efforts by states to curb the number of uninsured motorists on the roads, the Insurance Research Councilfound 12.6 percent of drivers nationwide were driving without coverage in 2012, the last year for which data is available. All told, 29.7 million people were driving uninsured during that year nationwide. How Much Coverage do you Need? As a result, we recommend primary policy limits of at least $300,000 per person and $500,000 per accident, and an excess policy above that which provides at least $1 Million in additional coverage for UM/UIM. To obtain such, the insurer must offer this level of coverage and you must purchase the same amount of liability insurance coverage as you purchase for this UM/UIM insurance. Making a Claim There are certain requirements in making a…