DGAA bLAWg

What to Expect When Suing an Insurance Company

Web Admin - Thursday, September 11, 2014

insurance lawsuit, Palatine insurance lawyerPeople purchase insurance with the goal of protecting themselves in the event that something unfortunate happens. However, no matter how hard people try to understand their policies and the limitations on them, many people face situations where they feel that the insurance company should be compensating them, but the company refuses. When this happens, people have a variety of options.

First, they can enter into an internal appeals process. Most insurance companies have a function that allows other employees of the company to review refusals and determine if they were warranted. If that fails, then the Illinois Department of Insurance also investigates some insurance-related issues. Alternatively, people with issues that neither of those strategies can solve may need to sue their insurance company if they want to see the compensation that they have already paid for. It is important for people to understand the process of a lawsuit and the length of time that it may take. Insurance companies are expert litigators, and they may drag the process out.

Understanding a Lawsuit

The beginning part of the process for filing a lawsuit against your insurance company involves hiring a lawyer and filing a complaint against them. The complaint is a legal document that triggers a lawsuit, and lays out the general allegations against the insurance company. Once this happens, the insurance company is allowed to respond with a document called an answer. The answer takes each fact asserted by the complaint and either confirms or denies them, so that both parties understand what is in dispute. Once this happens your lawyer and the insurance company lawyers will engage in discovery.

Discovery is a legal process in which both sides ask the other side questions to better understand the facts. This is mainly done through requests for documents, written questions called interrogatories that the other side has to answer, and depositions, which are in-person interviews. The majority of lawsuits end at some point during this phase. As more information comes out, both sides begin to understand their chances of winning at trial, and they likely reach a settlement. In the event that there is no settlement, the case moves to trial where both sides' attorneys present their arguments to the judge, who eventually makes the final legal decision.

Your Part in the Process

Not every step in that process will require the client's involvement. Initial interviews will need to be done for the attorney to get a picture of the case, and there will also be periodic conferences as new facts appear or the case moves forward. The most intensive piece that the client will need to do is prepare for a deposition in case the insurance company wants to depose them. This may require working with the client's attorney to better understand the types of questions that they company may ask, so that the deposition goes smoothly.

If you are currently having an issue with an insurance company and would like to file a lawsuit against them, contact a dedicated Illinois insurance dispute attorney today. At Drost, Gilbert, Andrew & Apicella, LLC, we represent clients in many northwest suburban towns including Inverness, Palatine, and Schaumburg.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Insurance Agent Negligence: The Duty Agents Owe to Their Customers

Web Admin - Tuesday, March 04, 2014

illinois insurance agent negligence lawyerInsurance agents often act as a person’s main point of contact throughout the process of procuring an insurance policy. This means people are relying on insurance agents to do their job thoroughly, carefully, and professionally. To that end, the law imposes a duty of reasonable care on insurance agents to ensure that they perform their jobs accurately. 

The fact that agents have this duty means that if the agent harms a customer through their negligence, they may be liable to that customer in court for the damage that their insurance negligence caused. Generally speaking, these sorts of claims for negligent errors and omissions come in two forms: improperly filing or filling out insurance paperwork, and failure to properly counsel the client on the type of insurance they need.

Types of Insurance Agent Negligence

Insurance agent negligence often occurs in an agent’s clerical capacity. An agent must exercise reasonable care in the filling out of insurance paperwork to make sure that the insurance company provides coverage and that the policies are properly updated. An example of this sort of negligence in the realm of car insurance would occur if a person wanted to add someone to their insurance policy, and yet after informing the agent, the agent never properly filed the paperwork to add them to the policy. If the new person, who should be covered under the insurance, was in a car accident, the agent would be liable for the person’s lack of coverage.

Insurance agents also have a duty to exercise ordinary care when advising clients about the types of policy they need, along with possible limits and exemptions of the policy. This claim comes up often in the case of policy exclusions, which are special circumstances in the insurance policy for which the company refuses to pay. These exemptions can often be long and complex, which means that the insurance agent may be liable for negligently advising the customer if they do not make the exclusions clear. 

For an example of this, consider a person buying homeowner’s insurance who explicitly wants coverage for every item in their home in the case of a fire. If an agent provides them a policy that excludes jewelry or some other class of property, the insured might have a claim against the agent for negligent errors and omissions.

The Statute of Limitations

Statutes of limitations are time limits that the law places on people looking to file lawsuits. In the case of insurance agent negligence, Illinois law limits people to two years to file the suit once the person has a cause of action. However, that time limit can be deceptively complicated since it does not say when a person has a cause of action. Generally, courts start the clock running once the insurer first takes a position that runs against the insured’s expectations. That can mean in some cases the insured needs to act quickly, since it is possible that their underlying insurance case will not even be finished before the statute of limitations related to the agent expires.

If you believe you have been the victim of insurance agent negligence, find an Illinois insurance attorney near you. They can help protect your rights in court and ensure that you recover fair compensation for the harm done by negligent insurance agents. Our firm represents people across the northwest suburban area, in towns like Rolling Meadows, Buffalo Grove and Barrington.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

Illinois construction accident attorney senior citizens Schaumburg employment attorney Palatine construction attorney Illinois employment attorneys homestead rights workers compensation benefits motorcycle accident Illinois home inspection Crystal Lake medical malpractice attorneys Palatine punch death Illinois pedestrian accident attorney loopholes Rolling Meadows drug defense attorney social media after death Arlington Heights TBI attorney Arlington Heights real estate lawyer Crystal Lake traffic attorney foreclosed rental property digital evidence Barrington injury attorney Rolling Meadows work unions Illinois estate planning attorney Palatine traffic lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Barrington business law firm insurance claim denial rent to own real estate contracts fiduciary rule delay brain injury Chicago trucking accident attorney Rolling Meadows criminal lawyer living trust benefits Barrington Illinois estate planning lawyer life insurance policy Illinois medical malpractice attorney traffic accidents Illinois personal injury lawyer Crystal Lake criminal defense attorney Buffalo Grove injury lawyer Palatine personal injury lawyer Illinois business lawyer deadly crashes overtime pay Arlington Heights personal injury lawyer estate attorney guardianship attorney Illinois insurance disputes Illinois driving without license Inverness estate planning lawyer Palatine elder law attorney insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Crystal Lake pet attorney Fourth of July car crashes automated cars Rolling Meadows personal injury lawyer Mount Prospect real estate lawyer Schaumburg construction accident lawyer Crystal Lake will lawyer Illinois insurance claim dispute lawyers in terrorem provision trucking accident lawyers Illinois employee rights attorney. blended families Illinois workers compensation attorney Illinois injury lawyer Schaumburg drug defense lawyer Rolling Meadows real estate attorney Schaumburg traffic lawyer boating accidents Des Plaines tax law firm Illinois estate planning law firm Illinois criminal defense attorney South Barrington real estate attorney vacation home fines Barrington estate planning lawyer college kids vacation home Crystal Lake employment law attorney disability benefits appealing an insurance claim estate planning Arlington Heights pedestrian accidents liens Arlington Heights lawyer license revocation car accident Thanksgiving Barrington drug crime attorney Inverness real estate attorney distracted driving accidents commercial real estate rollover car crashes Barrington criminal lawyer hit and run accident Schaumburg estate attorney foreclosure Arlington Heights wills and trusts attorneys civil rights violation murder defense Crystal Lake car accident lawyer involuntary manslaughter pedestrian injuries, pedestrian fatality Rolling Meadows personal injury lawyers Palatine probate lawyer personal injury claims Buffalo Grove probate lawyer insurance claim dispute natural gas explosion Long Grove estate planning attorney Exclusions Des Plaines insurance attorney back injuries Arlington Heights trucking lawyer Illinois mortgages Des Plaines medical malpractice attorney Rolling Meadows Attorney Palatine trusts lawyer Transfer on Death Instrument Crystal Lake law firm Crystal Lake medical malpractice law firm filing a medical malpractice claim Arlington Heights estate planning attorney Illinois rollover accident lawyers unfunded trust Chicago attorney Arlington Heights wills and trusts lawyer privacy laws texting and driving pay when paid contract Palatine corporate attorney Rolling Meadows employment law attorney Super Mario Long Grove real estate lawyer Employment Discrimination Law traffic deaths Illinois will lawyer Illinois traffic attorney Illinois personal injury suspended license Rolling Meadows employment law attorneys traumatic brain injuries Illinois living will Illinois employment law attorneys Illinois medical malpractice case employment attorney Illinois boating accident lawyer Buffalo Grove law firm personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Crystal Lake injury attorney food poisoning Mount Prospect elder law attorney traffic violations defense wrongful termination spinal cord injury employees Illinois real estate lawyer elder law real estate attorney premises liability car collision employment law, Illinois employment laws insurance claim bicycle accidents Rolling Meadows car accident lawyers advance healthcare directive boating DUI Deer Park employment law attorney llinois Real Estate Lawyers Association modern family estate planning consent to a search insurance claim delay civil litigation attorney DUI penalities truck collisions Buffalo Grove car accident lawyer insurance dispute attorney car crash Rolling Meadows insurance attorney Rolling Meadows boating crash lawyer auto accidents Illinois Wage Payment and Collection Act privacy IRS Barrington estate planning attorney Schaumburg insurance lawyers eluding a police officer personal injury accidents medical marijuana internet Rolling Meadows insurance dispute lawyers Rolling Meadows employment attorney drug possession Des Plaines accident attorney Palatine employment attorney real estate insurance claim dispute attorney traffic laws healthcare digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers wage theft Arlington Heights accident attorney Rolling Meadows insurance dispute lawyers, insurance dispute murder Arlington Heights insurance attorney Schaumburg medical malpractice lawyer problem employees Buffalo Grove personal injury lawyer criminal defense Illinois Sales Representative Act Illinois DUI attorney Illinois bicycle safety Long Grove estate planning Illinois traffic accident lawyer Des Plaines real estate attorney Attorney Ken Apicella probate process Arlington Heights car accident lawyer irrevocable trust Barrington employment law firm Illinois trusts attorney Schaumburg criminal attorney Illinois employment lawyer Palatine injury attorney Buffalo Grove corporate attorney Illinois Smoke Detector Act criminal employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, pregnant women tax attorney murder charges Illinois registered agent wrongful death Family Medical Leave Act ken apicella insurance attorney condo association fatal car accidents unauthorized overtime Crystal Lake employment attorney civil litigation first degree murder owner responsibility DUI Kenilworth estate planning attorneys Deer Park DUI lawyer real estate attorneys criminal record living trust Inverness probate lawyer insurance adjusters Barrington attorney special needs trust slip and fall accidents Mount Prospect wills and trusts lawyers Illinois workplace discrimination attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Crystal lake insurance dispute attorney pain and suffering Crystal Lake medical malpractice lawyer employment contract dram shop law Landlord Tenant Ordinance drunk driving Crystal Lake civil litigation lawyer Chicago lawyer workers compensation Buffalo Grove criminal defense lawyer Crystal Lake insurance lawyer probate claims process Schaumburg car accident attorney Illinois law Crystal Lake business law attorneys hands free device Rolling Meadows traffic law firm Deer Park traffic lawyer pedestrian accidents traumatic brain injury icy parking lots commercial leasing Fair Labor Standards Act Arlington Heights wills and trusts lawyers Legal Info jet ski residential real estate probate fees Buffalo Grove traffic lawyers estate plan construction accidents car accident lawyer Illinois personal injury attorney Schaumburg injury lawyer Des Plaines drug crimes lawyer Illinois insurance attorney construction contracts Illinois medical malpractice lawyers Deer Park traffic accident attorney Inverness accident lawyer Rolling Meadows medical malpractice lawyers Whistleblower Claims Illinois insurance claim attorney Barrington personal injury attorney Rolling Meadows probate lawyer Illinois Transfer on Death Instrument DNR Inverness civil lawyer Rolling Meadows litigation lawyer Palatine employment lawyer Rolling Meadows marijuana attorney independent contractor surgical mistakes employee rights rollover accidents Palatine estate planning lawyer denied insurance claims Forcible Entry estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers investment property medical malpractice Long Grove wills and trusts attorneys Illinois workplace lawyer Illinois corporate lawyer Illinois attorney probate claims Crystal Lake tax lawyer Illinois employment law firm sole proprietorship Illinois personal injury lawyers Schaumburg elder law lawyer Chicago insurance claim attorneys GM ignition switches Chicago corporate attorney boating under the influence estate planning attorney marijuana School Visitation Rights Act Arlington Heights Traffic Lawyer CAM federal crimes trust payments mortgage Illinois Human Rights Act Illinois employment laws crossover accidents sexual harassment DUI attorney employee misclassification Palatine real estate lawyer workers comp Rolling Meadows traffic attorney Self-Directed IRA Accounts Joliet general practice lawyers real estate leasing cell phone minimum wage Palatine corporate law attorneys uninsured motorist Barrington personal injury lawyer Palatine civil litigation lawyer Deer Park accident attorney startup company preventable medical errors Illinois trucking safety workplace sexual harassment jet ski accidents Deer Park workers compensation lawyer Illinois elder law attorney South Barrington real estate lawyer Chicago employment attorney federal regulations for LLCs compensatory time Inverness DUI lawyer Des Plaines civil attorney overtime violations Barrington litigation attorney expungement LLCs real estate zoning condo job lawyers Illinois pet lawyer capital gains tax Detainer Actions anesthesia errors Des Plaines claims law firm underage DUI Arlington Heights car crash attorneys clemency life insurance preventing accidents estate planning lawyer DMV Chicago biking tips medical research business litigation Illinois wills and trusts Schaumburg employment law attorneys defective products lawyer license reinstatement real estate contract Des Plaines personal injury lawyer Barrington employment attorney Arlington Heights tax lawyer estate planning trusts controlled substance Chicago estate planning lawyer Barrington civil litigation attorney Crystal Lake estate planning lawyer Rolling Meadows estate planning attorney Illinois small business natural gas Chicago traffic lawyer living trust vs will underfunded trust home inspection lawyer insurance negligence medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Palatine drug lawyer Schaumburg probate attorney spinal cord injuries real estate closing Illinois motorcycle accident lawyer Des Plaines personal injury attorney no contest clauses Illinois insurance claims lawyers attorney fees personal injury claim license Schaumburg personal injury attorney Schaumburg civil litigation attorney Illinois car accident attorney cell phone tower data Home Sale Contingencies revenge porn Crystal Lake accident attorney child safety Illinois insurance lawyer Buffalo Grove personal injury attorney Des Plaines motorcycle accident attorney Barrington workers compensation attorney subcontractor Rolling Meadows personal injury attorney rumble strips Illinois traffic ticket lawyer Crystal Lake employment lawyer real estate lawyer Rolling Meadows Traffic Lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys forming a corporation in Illinois power of attorney for healthcare Des Plaines personal injury lawyers personal injury Illinois red light cameras trusts IRELA Schaumburg personal injury lawyer Illinois collections attorney sexual images Schaumburg criminal law attorney Illinois employment law TBI reckless homicide traffic crimes Illinois speeding lawyer Des Plaines criminal attorney Illinois tax attorney denied insurance claim Schaumburg personal injury lawyers Arlington Heights injury attorney small business pet bites drunk driving statistics insurance agent negligence taxes Deer Park motorcycle accident lawyer Buffalo Grove traffic attorney holiday statistics Rolling Meadows criminal attorney employee discrimination Policy Cancellation Illinois wills and trusts estate planning for college students Schaumburg wrongful death attorney Illinois wills and trusts attorneys Crystal Lake personal injury attorney Crystal Lake traffic lawyer Palatine workers compensation lawyer living wills pedestrian-automobile accident Des Plaines swimming pools field sobriety test fiduciary rule gift taxes Barrington Traffic Lawyer Illinois defective products attorney blood alcohol content Des Plaines pet law attorney Palatine business attorney caretaker rights trench injuries fault based insurance insurance denial appeals texting while driving Arlington Heights wills and trusts attorney mass shooting Barrington boating accident attorney ObamaCare Long Grove real estate attorney Schaumburg estate planning lawyer wills Food and Drug Administration's Food Safety Modernization Act Illinois workers compensation lawyer distracted driving accident victims Chicago will attorney, social media platforms, Illinois estate planning lawyer, medication errors bike accident Affordable Care Act personal injury lawyer probate slip and fall head on collisions Des Plaines real estate lawyer DUI defense landlord drug crimes lawyer Palatine civil attorney Liquor Control Act paid sick leave institutional trustee Crystal Lake bike accident lawyer BAC Des Plaines DUI attorney deed transfer Illinois insurance dispute lawyers Des Plaines collections attorney Mt Prospect Attorney financial advisors digital information estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Barrington medical malpractice lawyers motorcycle accident lawyer construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Rolling Meadows DUI lawyer Illinois wrongful termination lawyer products liability estate tax car crash injuries digital assets car accident lawyers commercial leases Illinois jet ski accident lawyer Illinois civil litigation lawyer new real estate form Deer Park medical malpractice attorney medical malpractice claims Illinois Workers’ Compensation Commission insurance disputes criminal law traffic tickets Rolling Meadows accident lawyer Illinois probate lawyer Illinois insurance claim dispute lawyer pedestrian accident Illinois lawyer product liability Inverness real estate lawyer right to work elder abuse Schaumburg Attorney Do Not Resuscitate meal breaks trucking accidents severance agreements marijuana crimes attorney Chicago estate planning loss of consortium Schaumburg real estate lawyer Illinois LLC creation Palatine employment law lawyer insurance dispute Palatine Attorney Illinois real estate Rolling Meadows corporate lawyer insurance claims Rolling Meadows business lawyer Retaliatory Discharge comparative negligence Barrington employment law attorney Chicago employment lawyer trustee bad faith insurance claims BAIID denial of life insurance Illinois medical malpractice claim comp time life insurance lawyer speeding life insurance claims license suspension traffic offenses DGAA bicycle dooring accidents Buffalo Grove employment lawyer Arlington Heights medical malpractice lawyer Riverwoods estate planning lawyer Home Remodeling Repair Act Arlington Heights criminal lawyer golf accidents Buffalo Grove real estate attorney power of attorney liability health insurance dispute Barrington real estate lawyer dynasty trusts breach of contract drug crimes insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys low-ball insurance settlement agent breathalyzer test Deer Park criminal attorney creditors Inverness elder law lawyer ACA corporate law Buffalo Grove insurance claim dispute lawyers Inverness traffic law firm Illinois job attorney Illinois traffic attorneys drug crime liability claims Illinois traffic laws FMLA IRA trust transfer Inverness injury lawyer BUI Barrington criminal defense lawyer personal injury attorney landlord tenant law Arlington Heights traffic attorney employment lawyer accidental death benefits Chicago will attorney Illinois Probate Act of 1975 Crystal Lake personal injury lawyer Rolling Meadows tax attorney Arlington Heights Attorney Federal Food Drug and Cosmetic Act Palatine insurance lawyer Des Plaines drug lawyer hiring employees Kenilworth estate planning attorney FSLA insurance agents Schaumburg Schaumburg corporate attorney trauma after an accident Schaumburg estate planning attorney Colin Gilbert dealing with problem employees driving Illinois business law atorneys traffic violations Illinois employment law attorney probate lawyer contracts Inverness corporate attorney Crystal Lake car accident attorney personal injury law firm cell phone accidents Crystal Lake pedestrian accident lawyer Palatine law firm Kenilworth estate planning lawyer income distribution deducation installment contracts whistleblower protections POA Inverness personal injury attorney Arlington Heights employment attorney Des Plaines injury law firm car accidents Deer Park personal injury lawyer operating agreements rest breaks Arlington Heights employment law attorneys Inverness insurance attorney underinsured motorist employment law manufacturing Class A misdemeanor Illinois estate planning Des Plaines Traffic Lawyer unpaid overtime unpaid assessment Chicago insurance law firm dog bites Arlington Heights personal injury attorney insurance denials healthcare claims insurance claim denials Jay Andrew defective products pizza emoji Palatine criminal defense lawyer drugs Long Grove estate planning attorneys caregiver medical malpractice compensation PTSD Chicago car accident lawyer nursing home negligence pet law changes to mortgage law digital media accounts, estate planning, Arlington Heights estate planning attorney, Palatine traffic accidents Deer Park real estate law firm Colin H. Gilbert Buffalo Grove medical malpractice lawyers Rolling Meadows insurance lawyer IRA benefits

Archive