An insurance company should always consider all evidence relative to an insurance claim subjectively, and without prejudice. Whether an insurance firm is willing to continue to uphold the exclusion, and consider any other evidence relative to a claim, is also significant in determining if the insurance firm properly evaluated the claim subjectively. For example, did the insurance adjust the amount of the policy limit based on the number of prior insurance claims that the applicant had filed against the same company? Or was the original contract changed so as to provide the applicant with a policy limit that is larger than the prior policy limits? Both questions are important determinants of whether the insurance adjuster properly evaluated the claim.
Another important question is whether the adjuster calculated the insurance claim through a subjective process. The insurance carrier may argue that it was not subjective because the adjuster did not actually consider the evidence. Alternatively, the insurance company may argue that it was subjective because the adjuster made an error in computing the insurance claim limit. Either argument could be successful in court, but either one is a losing proposition. If the insurance company’s argument is that it was not subjective because it was based on an error in computing the limit then the court could rule the insurance carrier violated the implied covenant of bad faith.
A party filing a wrongful death suit may also assert the inherent danger of a particular condition or activity. This argument is not limited to automobile accidents. It can be used to challenge a ski instruction, rafting instruction, or fishing recommendation. Each claim must be supported by scientific evidence of a high probability or threat of harm. If the plaintiff were to present scientific evidence that the risk of skiing or rafting was overwhelmingly likely to cause a person’s death, the insurance carrier would likely lose its ability to defend its exclusionary policy.
An insurer will often attempt to use scientific evidence to exclude a claim from a personal injury lawsuit. In reviewing the scientific evidence, the insurance company should take into consideration the expected benefits and costs for its policy. The insurer’s goal is to prevent the claims from being upheld in court. The insurance carrier must consider not only the probability of awarding a claim but also the extent to which it will be implemented. This could include consideration of the likely economic impact to the company, should the case proceed. An insurance carrier should adjust its premium accordingly.
An insurance policy is legally enforceable. Therefore, an injured party has a very strong reason to bring a legal claim against the insurer. Even if the insurance policy is valid, the injured party may still have a valid claim for injuries that allegedly occur as the result of the insurer’s negligence. For example, an individual who slides and falls on a public sidewalk has a valid claim for both pain and suffering and the expenses that resulted from the accident. If the person was not insured, the other responsible party may face severe consequences.
It is always wise to consult with legal counsel before making an insurance claim. Although most reputable insurance companies provide free consultations, a bad faith insurance company may deny a claim because it believes that it cannot win. A bad faith company will often pursue a claim in bad faith and thus will fail to apply all appropriate scientific evidence to support its defense. A responsible insurance coverage provider will want to mount a good defense for a bad faith claim.
If an injured party decides to pursue a claim against an insurance company for denying a valid insurance claim, he or she must provide all appropriate evidence. Without such evidence, the insurance policy may be declared invalid. It is vital to ensure that the documentation provided is 100% accurate and that all necessary documentation is gathered prior to submitting an insurance claim. The injured party must ensure that the injured party submits all relevant documentation pertaining to the accident in order to obtain a valid insurance claim.
In addition to providing documentary proof of the accident, the injured party must also provide an account of income and expenses. All bank accounts must be checked, as well as tax returns, pay stations, and other receipts. It is essential that the claimant provides all applicable information before submitting an insurance claim. One insurance coverage provider advises clients to obtain copies of medical reports from each doctor and to retain these documents until all questions are answered. The injured person must also ensure that any damage to property is detailed in the insurance documentation and the receipts.