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Paoli, Latino & Kutzman, P.C. Union Designated Legal Counsel 257 West
Front Street, Suite A • P.O. Box 8131 • Missoula MT 59802 |
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Areas of Practice |
InsuranceOur office is experienced in handling the following types of insurance matters:
Trial and Settlement of Insurance ClaimsOur office routinely assists our clients in presenting their claims to their own insurance company or to the insurance company of the person or entity responsible for their injuries. Our trial attorneys and experienced staff can identify the insurance policies that cover a particular incident, assist with gathering and presenting medical bills and records to the insurance company, obtain payment for medical bills and wage loss prior to a final settlement, collect supporting documentation relevant to the claim, negotiate a settlement and, when necessary, file a lawsuit and proceed to trial. Our clients feel an immense relief when they turn over the responsibility for pursuing the claim and communicating with the insurance adjuster to our trial attorneys and knowledgeable staff. Our many years of experience battling with all types of insurance companies allows our office to efficiently handle every claim. Our trial attorneys routinely attend and present at continuing education seminars to ensure that they are abreast of the most recent developments in insurance law. A sampling of the seminars our trial attorneys have attended in the past five years is as follows:
Insurance Bad Faith ClaimsInsurance bad faith refers to any instance in which an insurance company fails to honor a legitimate claim of an injured party. When an individual purchases insurance from an insurance company, (s)he essentially enters into a contract that establishes a legal relationship between the insurer (insurance company) and the insured (consumer). When an insurance company wrongfully or without proper justification fails to pay out on a covered claim, the company is acting in bad faith. In Montana, this type of conduct may be in violation of state laws, which fall under the Unfair Claims Settlement Practices Act or the Unfair Trade Practices Act. Insurance bad faith law seeks to protect people who are injured from having their claims rejected unfairly. The law requires that insurance companies honor their contracts and pay a fair amount for covered claims. If an insurance company denies a claim simply for its own economic benefit, it can be held liable for bad faith. Insurance companies are primarily motivated to make money. To do so, every effort is made to reduce claims made and to squeeze down the amount of money paid on every claim. Granted, some (few) companies enhance their bottom line in legitimate ways. However, the majority engage in practices and techniques which would make any one of us shudder. A primary tactic is to use economic duress to compel an insured person to settle his/her claim for much less than is fair and reasonable. Some insurance companies purposely try to confuse you and to delay processing your claim. Remember, the men and women of commerce who run insurance conglomerates insist on having the upper hand when dealing with an injured claimant. Even first-line adjusters are better equipped than the vast majority of American consumers to handle these insurance matters?that is, until these injured consumers hire the trial lawyers of Paoli, Latino & Kutzman, P.C., thus leveling the playing field considerably. Other examples of bad faith and unfair insurance tactics include:
Laws exist to protect the rights of the injured when an insurance company commits an act of bad faith. Our attorneys are qualified to help victims of bad faith receive fair compensation for their losses. Insurance companies found to have committed acts of bad faith may be required to pay benefits that were originally denied as well as legal costs incurred by the injured party. The court may also award damages for any harm that resulted from having the claim denied, including emotional trauma. In some cases, punitive damages may be awarded to punish egregious conduct. Insurance Coverage DisputesEven though an insurance company may state that an insurance policy does not cover a particular claim, the policy must be read carefully, by a person trained in insurance matters, to make that determination. In Montana, exclusions and words of limitation in a policy must be strictly construed against the insurer whether or not they are ambiguous. Exclusions from coverage are construed narrowly because they are contrary to the fundamental protective purpose of insurance policies. If the terms of an insurance policy are ambiguous, obscure, or open to different constructions, the construction most favorable to the person or entity insured by the policy must prevail, particularly if the provision attempts to exclude the liability of the insurance company. The trial lawyers at Paoli, Latino & Kutzman, P.C., are trained to decipher the complicated and confusing language often contained in your insurance policies. They can assist you in determining whether your claim is, in fact, covered by insurance and, if it is, they can help you file a dispute regarding your insurance coverage with the court. © 2007 Paoli, Latino & Kutzman, P.C. |
FELA/Railroad
Claims