Complex Insurance Defense Issues
Defending an insurance claim is often all about strategy and precision. While some attorneys can get away with an occasional mistake or knee-jerk decision, carefully preparing a defense and building a case for trial is a work of art. The more complex the issues, the more skill is required. If you are worried about being exposed to unnecessary risk or frivolous insurance claims, then it’s worth taking the time to carefully consider the team you are trusting to protect your hard-earned business and assets. Here are just a few of the more complex types of civil insurance cases that require a high level of nuanced understanding of the law and trial experience.
At Colvin, Saenz, Rodriguez & Kennamer, LLP, we pride ourselves on being the go-to trial firm for insurance defense in south Texas.
When the case is nothing more than red car vs. blue car, it is not too difficult to parse through the injuries and accusations. But when there are seven vehicles involved in a crash, just consider some of the things that must be determined before anything can be paid.
- Per Occurrence Limits. If you are only covered by a $100,000 per person and $300,000 per occurrence policy, then this means no matter how many people are injured in the collision, $300,000 is the max payable. So, naturally you do not want to expend all $300,000 until you can firmly ascertain all the injuries, claims and estimated damages.
- Contributory Negligence. Another consideration in these types of cases is whether multiple individuals may share liability. If so, keep in mind that Texas law will allow an apportionment of fault and a plaintiff is typically only able to recover for his or her own injuries due to someone else’s negligence. So, if the plaintiff is partly responsible, then his or her claim will be greatly reduced.
Other Insurance Policies
Some cases involved multiple insurance policies that could apply. This can create conflicting triggering provisions in the policies that may require going to federal court to seek a declaratory judgement as to coverage. This can delay resolution and create some unexpected hassles; however, it is always best to get clarification and know for sure before paying a claim.
Section 55.002 of the Texas Code sets forth how hospital and healthcare provider liens will be adjudicated and resolved. Plaintiffs and their attorneys are always eager to resolve a settlement, even if things are still outstanding, including unpaid liens. For instance, when it comes to liens, an insurance carrier must be very careful not to pay claimants, their attorneys or anyone else until there is a clear release of the liens on a case. Once liens are released or there is written verification of someone else assuming liability for payment, only then should a settlement be paid.
Some lien holders are very difficult to work with, and some may be difficult to resolve without going through court. This is just another reason why it is so valuable to have the right attorney on your side.
For the best defense you can get, call a Brownsville insurance coverage attorney today. Call Colvin, Saenz, Rodriguez & Kennamer, LLP today. Our team is eager to help reduce your claims exposure and help you defend your next claim.