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Helping You Understand The Insurance Claims Process

Whether your claim involves your car insurance, life insurance, liability insurance or homeowner insurance policy, if payment on that claim has been delayed or denied by your insurer, the San Diego insurance law attorneys of Buscemi Hallett LLP have the legal knowledge and experience you need. We encourage you to call us for a confidential, no-cost consultation.

Attorneys at Buscemi Hallett LLP are rated AV Preeminent* by Martindale-Hubbell, included in the California Super Lawyers list, featured as Top Lawyers by San Diego Magazine and proud to receive Avvo’s Client Satisfaction Award. Our lawyers are aggressive litigators who use over 30 years of combined experience to resolve personal insurance disputes as quickly and efficiently as possible, in ways that directly address our clients’ specific and unique needs.

Information You Need To File An Insurance Claim In California

Place your insurance company on notice: Timely placing of your insurance company on notice of a loss begins the claims process and is a critical first step. The attorneys of Buscemi Hallett LLP have developed strategies for preparing notice and tendering the loss to the insurance carrier.

Thoroughly investigate your claim: As the policyholder, it is your burden to establish that your loss is within coverage. To do this, it is important to gather relevant evidence to support your claim, document essential facts and prepare an initial evaluation of value of claim. The attorneys of Buscemi Hallett LLP counsel individuals and businesses alike at this stage of the insurance claim.

Make a formal claim or demand to your insurance company: The attorneys of Buscemi Hallett LLP can prepare a formal demand letter and submit it to the insurance company.

Cooperate with the insurance investigation: Cooperation with the insurance investigation is a condition of coverage. Providing complete and accurate information while being mindful of the pitfalls of coverage will expedite the claims process. The attorneys of Buscemi Hallett LLP have extensive experience dealing with insurance investigations and aggressively representing the interests of policyholders to move through the claims process and avoid costly delays.

Examination Under Oath (EUO): Your policy may require that you submit to an examination under oath as a condition precedent to paying a claim. Your insurer may advise that your refusal to submit to an EUO will result in forfeiture or denial of any rights under the policy. It is of critical importance that you protect your interests at an EUO. The attorneys of Buscemi Hallett LLP have experience representing individuals and businesses at EUO and protecting them from improper and costly insurance company tactics.

Reservation of rights: The attorneys of Buscemi Hallett LLP have counseled clients on thousands of occasions regarding insurance company coverage position letters and reservation of rights letters. Understanding the carrier’s position and timely response are key aspects of the claims process and a service provided by the attorneys of Buscemi Hallett LLP.

Right to independent counsel/cumis counsel: Where an insurer is defending under a reservation of rights, a conflict of interest may exist between the policyholder and the insurance company entitling you to select independent counsel (cumis counsel) of your choice at the expense of the insurer. Having highly qualified cumis counsel can greatly improve the likelihood for prompt resolution of claims and maximize recovery. The attorneys of Buscemi Hallett LLP have extensive experience as cumis counsel and have successfully pushed matters to resolution and favorable settlement of claims, including the payment of policy limits.

What to do if your insurance claim is denied: If your claim is wrongfully denied, it is important to immediately contact Buscemi Hallett LLP as claims must be brought within a specified time frame. These time frames may be established by statute or the insurance contract itself. The attorneys of Buscemi Hallett LLP can outline your options and explain applicable statutes of limitations and contractual limitations periods.

We Will Help You Complete Your Insurance Claim

It is important to complete your claim correctly the first time. Contact us to schedule a free initial consultation with no obligation. Call our San Diego office at 619-821-9163 or complete a brief online form for immediate assistance. One of our experienced lawyers will help you with the claims process — and an insurance bad faith action if necessary.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.