Civil Litigation
Insurance Claim Litigation
An insurance policy is a contract, with the insured agreeing to pay premiums and the insurer promising to pay for claims that cover specific, assigned risks. However, these contracts are not always honored by the insurance carrier. Motivated to reduce their pay-outs, some insurance companies attempt to limit payment of claims or go so far as to flatly deny any coverage. An insurer may point to a technicality, accuse the insured of wrongdoing, or offer no explanation at all for their denial; or, often times the insurance carrier will not pay for all the damages as a result of the claim for any number of reasons. Many policyholders feel powerless to fight a national insurance company’s unfair decision, but this is not the case.
Businesses and individuals alike depend on their insurance providers to honor the terms of their policies after they submit claims; be it for auto accident, personal injury, homeowner’s insurance, property damage, etc. Unfortunately, it is common for these entities to stonewall policyholders or offer low settlement agreements, pressuring policyholders to accept a payout that is far from fair. Insurance companies know that litigation is slow, at times taking years to see a courtroom (particularly now with the backlog of cases from COVID-19 causing courthouse shutdowns), and will offer pennies on the dollar hoping their policy holder’s accept the unreasonable settlement offer as the individual does not have the funds or time to wait for a larger and fair settlement.
Insurance companies and their attorneys benefit from these strategies because their policies are opaque and insurance case laws are complex. At Nowicki & Associates, our attorneys are well-versed in Maryland’s insurance laws, having successfully represented individuals and business entities involved in insurance disputes with their providers. We use our insight to resolve this conflict expediently so that you receive the payout you deserve.
Insurance litigation may result in a suit filed in court or a litigant may have to go through the Maryland Insurance Administration in order to achieve the necessary relief sought. At Nowicki & Associates our attorneys are well seasoned in either avenue your insurance litigation may take or necessitate.
Led by our firm’s founder, John W. Nowicki, Esq., our team of litigators tailors an aggressive strategy that holds insurance providers accountable for fulfilling their obligations. Our lawyers regularly represent policyholders after they were wrongfully denied benefits covered by:
-Business Interruption & Insurance
-Homeowners’ Insurance
-Disability Insurance
-Life Insurance
-Commercial Property Policies
-Auto Insurance Policies
-Malpractice Insurance Policies
-Commercial General Liability Policies
Whether you are engaged in a dispute with your insurer or the insurer of an at fault party, or are involved in a multiparty dispute, we are equipped to handle your case. Our legal team draws on decades of negotiation and courtroom experience to identify the approach that best suits your unique circumstances.
Maryland insurance claims can be broken into two main categories:
A “first party insurance claim” is a claim you make concerning your own insurance coverage. Examples would be: a claim to fix your car, made under your own auto collision coverage; a disability insurance claim made under your own policy; an uninsured or underinsured motorist claim made under your own auto insurance; or a health insurance claim submitted under your Blue Cross or Blue Shield Insurance.
First-Party claims
An insurance company may have inauspicious responses to your claims for property, health, and other personal insurance coverage and/or may:
-Fail to properly investigate a claim
-Unduly delay processing a claim
-Offer an unusually low settlement amount
-Unreasonably deny a valid claim
-Pay only partial benefits
A “third party insurance claim” is one pursued against the insurance company of a person or business which has harmed you. Examples would be: a personal injury claim for damages you make against the insurance company of a car that hit you in the crosswalk or a personal injury claim against a drug company that manufactured a medicine which caused you physical problems.
Third-Party Claims
Among your insurer’s obligations is to protect your policy against third-party claims (e.g., when a person sues you for personal injury or damages to his or her property due to an accident you are suspected of causing). The following are signs that they are committing bad faith practices:
-Failing to defend you against a third-party claim
-Non-payment of legal defense costs
If you are interested in learning how Nowicki & Associates can help you, contact our office to arrange a consultation. Call us at 410-879-0026 or email Tyler J. Nowicki, Esq. directly at Tnowicki@jwnlaw.com. All consultations are free and we’ll take the time to answer each and every question.