Many of those waiting for their day in court will have to wait a bit longer. The good news is some court proceedings have continued through video or telephone conferences. There are other avenues – like arbitration, mediation, or settlement – to help get your personal injury case or insurance dispute matter successfully resolved. We continue to live in unprecedented times, and as we approach 2021, there remains important questions about how to continue to move forward against our client’s adversaries. Technological advancements have allowed us as trial lawyers to continue conducting court business and seek maximum compensation for our personal injury and policyholder clients for all accident and property damage claims. The reality is, many civil jury trials will continue to go virtual for the foreseeable future. The Florida Supreme Court is trying it out in several places, including Miami and Orlando. The judge, clerks, attorneys, and jurors all gather in a virtual courtroom, listening to testimony remotely. Florida courts are exploring various options to keep their dockets running smoothly but big questions remain. Some courts are moving towards the restoration of in-person proceedings, but those will have a very different look and feel. For example, only emergency matters, some criminal cases, and critical proceedings have been permitted to be conducted in-person. Additionally, judges will have to identify metrics to monitor case backlogs and make recommendations on priorities while figuring out which proceedings should continue to be held remotely. The Tampa Bay area’s circuit and county courts aim to resume having jury trials and grand jury proceedings. All local courthouses require visitors to undergo basic wellness screenings and temperature checks. Plans call for jury trials to resume in Hillsborough County starting October 19 and in Pinellas and Pasco counties on October 26. In our office’s insurance dispute arena, we are currently set for trials in mid-December, mid-January, and March of 2021. In federal court, we have just received our first jury trial date for January 11, 2021, in the U.S District Court in the Middle District of Florida. Whether there are enough jurors available for these trials remain to be seen. There will probably be a much higher percentage of no-show jurors after they receive their notices to appear for jury duty. This is understandable, given that appearing for jury duty when you are already stressed at work raises the burden on each juror. Suppose you receive a notice to appear for jury duty. In that case, if you have a material reason why you cannot serve, it is imperative you contact the court administrator and plead your case. Do not be surprised if they listen but then tell you to show up anyway. Then, at the initial conference in the courthouse, you can explain to the judge why you should be excused. Courts may consider whether you are responsible for another person (child care, elder care, etc.) but the excuse, “my boss won’t like me missing work” probably won’t persuade the judge, as the judge may then offer to call your boss and tell them the importance of this civic duty. When judges make the offer to “call your boss,” most people decline and accept their fate for the week they will miss work. If you must serve, it is against the law for your boss to fire you for that reason, but we all know, in a smaller work environment, it does not mean you won’t get pressured by your boss to attempt to avoid it. There are specific segments of the population who have been disproportionately impacted by coronavirus. Reports show a higher percentage of people of color get COVID-19. Much of this is believed to be because more African Americans than Caucasians have no choice whether to work from home or return to the workplace, where they have more regular exposure to the public. The new normal of civil jury trials raise questions about fairness, safety, and due process in a court system that, like everything else, is affected by the coronavirus. There is substantial data to suggest that the juries selected during the pandemic would be less diverse and not truly representative of a jury of one’s peers. Our law firm intends to be extra vigilant on this point and protect our clients’ interests, even if it means delaying any trial. Corless Barfield Trial Group is here to answer your questions about personal injury and property damage cases, and how the COVID pandemic may impact the court system or your access to justice. Call us anytime at 813-258-4998. The post UPDATE: Civil Jury Trials in the Age of COVID appeared first on Corless Barfield Trial Group. from http://www.corlessbarfield.com/2020/10/15/update-civil-jury-trials-in-the-age-of-covid/
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What happens when an insurance company’s conduct is so explosive and unlawful that it may be ordered to pay massive and historic punitive damages as well as change the way it conducts business? With unparalleled legal and policy expertise, nationally acclaimed insurance dispute law firm Corless Barfield Trial Group faces off against Big Insurance to stop and prevent sweeping bad faith insurance practices. In a case styled Bingham v. Tower Hill Preferred Insurance Company, the Court on September 1, 2020 granted Elise Bingham’s motion for leave to seek punitive damages in a loss occurring on November 11, 2010 for sinkhole damage. Despite the fact Tower Hill Preferred Insurance Company (“Tower Hill”) was aware an engineering firm had confirmed damage to the policyholder’s home as being caused by sinkhole activity, Tower Hill spent more than four years defending the claim and refusing benefits to Elise Bingham (“Mrs. Bingham”). As more fully detailed in the Third Amended Complaint, after abandoning its defenses on November 4, 2014, on the eve of trial, Tower Hill was sued for “bad faith” under Section 624.155, Florida Statutes. During its multilayered investigation of the insurer’s bad faith practices, Corless Barfield Trial Group discovered more than 30 other insureds who faced the same allegations and tactics taken against Mrs. Bingham by Tower Hill. These included the use of spurious allegations of concealment and fraud, despite the fact Mrs. Bingham provided all documents requested and information sought by Tower Hill in its adjustment of the claim. Additionally, Tower Hill used a formula for assessing the amount due, rather than basing its claims offers on the undisputed amount of the damages, which exceeded Mrs. Bingham’s policy limits. Without making any factual findings, the Court ruled that Corless Barfield Trial Group had sufficiently documented evidence of a potential general business practice, as set forth under Section 624.155(4), establishing bad faith on the part of the insurer. A copy of the Complaint detailing Mrs. Bingham’s theories and supporting evidence can be read here. At the hearing on the motion to add punitive damages, Corless Barfield Trial Group presented evidence of similar conduct in other claims, as well as the willful and wanton denial of benefits, which the Court found to be sufficient to permit Mrs. Bingham to now seek punitive damages against Tower Hill. Tower Hill continues to deny wrongdoing and disputes any allegations of a general business practice to deprive any insureds of benefits due. A copy of Tower Hill’s answer to the Third Amended Complaint can be reviewed here. “Some cases compel juries to award significant punitive damages in order to send a message to the insurance company to stop its illegal practices and change the way it does business. This is one such case that has the potential to become a real-life nightmare for Tower Hill,” states Ted Corless, Esq. “Time and again, Tower Hill failed to investigate Mrs. Bingham’s claim properly. Time and again, Tower Hill made false statements, took actions to leverage her to accept less than what was due to her. We hope that through this next phase of legal action, we can bring the truth to light, create accountability for Tower Hill’s wrongdoing, and help prevent such financial and emotional misery from happening to anyone else,” notes Ted Corless. Practically from the start, Tower Hill did not follow its own policies and procedures resulting in Mrs. Bingham’s claim being seriously compromised. Thankfully, the law provides a recourse. Florida law permits insureds to seek punitive damages against an insurance company after establishing by evidence in the record that the violation of the insured’s rights occurred with such frequency as to indicate a “general business practice.” See Section 624.155(4). The process for seeking punitive damages obligates the insured to make a “proffer” of evidence into the record to support the existence of general business practice to not only act against the insureds in a “willful or wanton” manner but also that other, similarly situated insureds suffered the same fate. Under the law, the court serves as “gatekeeper” to assess the evidence proffered by the insured as to why punitive damages should be sought against the insurer. This is mainly due to protect insurance companies from both the cost of such claims and the existential threat to any insurance company’s existence. In its consideration of the proffer, courts do not determine whether punitive damages should be paid, but instead focus on whether an insured has demonstrated a basis to seek recovery of such damages when presented to a jury. Insurers have a substantive right not to face punitive damages unless a court has found that an insured’s theory and proffer meet its threshold. In this case, the Court unmistakably held that Tower Hill can face punitive damages. Corless Barfield Trial Group seeks any further information as to the allegations in the Complaint. If you are insured with Tower Hill or were insured under any of the policies sold under the Tower Hill Insurance brand, and you believe that you have suffered a similar fate as described in the Complaint, we’d appreciate the opportunity to discuss these matters with you. You are encouraged to contact us about this investigation and your legal rights and options by calling 813-258-4998 (Ted Corless, Esq.) or emailing [email protected]. All communications remain confidential. For information about Corless Barfield Trial Group’s success, click here. About Corless Barfield Trial Group Corless Barfield Trial Group, a nationally recognized high-stakes insurance dispute law firm, has over 75 years of combined experience in the area of insurance law. Founded in 2012 by Ted Corless, the firm has recovered more than $500 million for policyholders and personal injury clients throughout Florida. Ted Corless has more than 25 years of experience in federal and state courts, and he has represented owners of multi-unit dwellings, property managers, homeowners, Homeowners Associations, Community Association Managers, and Licensed Community Association Managers in more than 50 jury trials. Specializing in insurance disputes and personal injury law, Corless Barfield Trial Group differentiates itself with deep legal expertise, a mastery of technology in the courtroom, and a compelling manner of storytelling. URL: corlessbarfield.com The post Court Orders Insurer to Face Significant Punitive Damages for Sinkhole Losses appeared first on Corless Barfield Trial Group. from http://www.corlessbarfield.com/2020/10/06/court-orders-insurer-to-face-significant-punitive-damages-for-sinkhole-losses/ Case Study What does a Condo Association do when a severe storm destroys property? What if the storm caused more than $6 million in business interruption losses? Does the Association have the ability to keep their business online? What if they are stuck in an interminable claims process with the insurance company? This scenario happened to one of Corless Barfield Trial Group’s clients, and we are suing the insurance company for significant business interruption loss and bad faith damages. For many commercial property owners, Hurricane Matthew in 2016 was a game-changing storm that caused significant interruption of their operations. Specifically, many Condo Associations that own units, which are rented out to the public, had trouble getting back online and staying financially sound. Unfortunately, many insurers slow rolled their claims evaluations, and took too long to assess the damages and provide indemnity payments for repairs. Then, a year later, enter Hurricane Irma, which struck many of the same properties that were more vulnerable to the impact of wind and water. Had insurers acted timely and fairly from the start, policyholders would have been able to recover sooner and suffered less in the interruption of their businesses. Business Interruption Loss – Defined The lifeblood of every business is generating revenue, and getting your property back up after a natural disaster strikes. This requires skilled legal counsel who understand business interruption insurance and the insurance industry. Corless Barfield Trial Group is recognized as a leader in handling sophisticated Large Loss insurance claims and business interruption insurance matters. We have dedicated our law practice to helping Property Owners, HOAs, Condo Associations, Community Management Associations, and Licensed Community Association Managers maximize their recoveries when business interruption losses occur. A business interruption loss claim requires an extensive analysis of business and financial records. Our attorneys have an advanced understanding of how insurance companies handle these complex claims, and we work closely with financial professionals and forensic accountants. Business Interruption Insurance – Policy Limits vs. Bad Faith Damages Business interruption cases involve protecting a policyholder against financial losses due to a business interruption. Business interruption insurance policies generally provide coverage for lost income and related costs in the event that one’s business is unable to operate. Almost all coverage for business interruption loss is limited in the amount recoverable by insureds. But what if the delays associated with Hurricane Matthew, for example, took much longer than they should have, significantly worsening the delay? Business interruption coverage may replace your lost revenues and cover extra expenses associated with temporarily relocating your business during repairs. If there is a covered business interruption loss, this type of coverage will compensate the insured for ongoing operating expenses, lost income, costs associated with repair, and any other additional costs that result from bringing back normal business activities. For damages arising from long delays caused by the failure of the insurance company to properly assess and cover the damages, insureds are not limited to obtaining just the amount of business interruption coverage, but can seek “bad faith” damages, under Florida Statute Section 624.155. In some cases involving CBTG clients, insurers would assess the damages as being under the deductible, only to lose at appraisal for multiples of what their original assessment was at the time of the loss. For example, one multi-unit Condo Association was told by their insurer the damages were $225,000, which was less than their $500,000 deductible. After going through appraisal, the Appraisal Panel awarded $3,600,000, or more than 13.5 times the amount estimated by the insurer. In that case, the additional loss of revenue from the business interruption became part of the damages sought in the subsequent bad faith lawsuit. Corless Barfield Trial Group are policyholder advocate lawyers. Hiring our skilled Florida insurance dispute lawyers means demanding compensation for all aspects of one’s business that are affected by property damage. If your insurance company is giving you a hard time about coverage for your property damage, call us at 813-258-4998. The post Business, Interrupted? Recover More Than Policy Limits After Insurer Delay appeared first on Corless Barfield Trial Group. from http://www.corlessbarfield.com/2020/10/02/business-interrupted-recover-more-than-policy-limits-after-insurer-delay/ An ounce of prevention is worth a pound of cure. At Corless Barfield Trial Group, we want you to be safe and avoid accidents and injuries. For all of us at Team CBTG, we take steps to preserve the life, safety, and comfort of our staff who make up the backbone of our 25+ years of success. From the senior attorney to our administrative team as well as the lovely lady who cleans our offices every Saturday, we want to protect the health and welfare of everyone. COVID-19 has changed the types and frequency of accidents and injuries that are occurring this summer. As we collectively respond to the developing COVID-19/Coronavirus outbreak, the well-being of our clients and colleagues remain our paramount concern. We have found most courts to be vigilant in how they schedule hearings while allowing us to use electronic applications like Zoom. As frightening as we know the pandemic has been for everyone, the stress of the crisis has brought out the innovators among us, who remain focused on our client’s future recoveries. We are available to our clients and strategic partners 24-hours a day, 365 days a year. An attorney from our office can meet with you to discuss your legal options and details of your case, at no cost. We will also continue to offer virtual appointments for clients who prefer to stay home. We meet virtually and in-person with our clients, which include injury victims, Condo Association Boards, LCAMs, Property Managers, and unit owners dealing with insurers who are slow rolling their coverage. To arrange a free consultation, call Corless Barfield Trial Group at 813-258-4998. Corless Barfield Trial Group’s goal is for you to have a summer of safety in 2020 and beyond, which is why we want to give you the latest information about trends we’re seeing that have accelerated due to the Coronavirus pandemic. Driving Accidents and Distracted Drivers Disturbingly, there has been an uptick in reckless driving since the Coronavirus outbreak started. Coronavirus lockdowns led to reductions in traffic but as drivers sped up on quieter roads, collisions became deadlier. People are more stressed and less vigilant drivers due to the COVID-19 pandemic. We must maintain the same sense of urgency when it comes to the road as we do with wearing masks and other types of PPE. Together, we can prevent the needless loss of life. Swimming, Drownings, Water Accidents Swimming pools along with boating and water sports are beacons of fun for summer adventures, particularly in the era of social distancing. However, it’s easier than ever for adults to become distracted and take their eyes off children playing in the water. The Sunshine State has seen a startling increase in child drownings during the Coronavirus crisis. School Reopening In news that shocked the nation, Florida’s Education Commissioner Richard Corcoran signed an executive order mandating that all “brick and mortar” schools must reopen full time for the fall semester. Healthcare professionals were baffled by this edict as the Commissioner’s directive comes as the state experienced a massive surge in coronavirus cases. While it is true that children are less likely to suffer from severe complications from COVID-19 than older adults, public health experts say they can spread it to older and frailer adults. Additionally, there are reported cases of a sometimes fatal inflammatory syndrome in children that is believed to be linked to the Coronavirus. Lost academic time and lessons can be made up through virtual classes – a life cannot. #CorlessCares #MaskMission “Protecting and supporting the needs of first responders and healthcare workers is critical to safeguarding the health of our community during this crisis. The virus is spreading and that is impacting the whole community, and we are part of that community,” Founder and Partner Ted Corless remarks. Corless Barfield Trial Group is on its continued mission to distribute as many protective personal protection equipment, including N95 masks as possible during the Coronavirus outbreak. If you are in need of masks, email [email protected]. So far, we have donated nearly 7,000 masks through our #CorlessCares #MaskMission campaign. Due to COVID 19, our law firm is providing in-depth and free consultations via secure phone or video conferencing for your safety and convenience. Our thoughts continue to be with those around the world impacted by COVID-19. We are grateful to all those in the medical and governmental communities who are on the front lines of fighting COVID-19. Do not hesitate to call us with questions at 813-258-4998. We’re here for you and your loved ones. The post Summer of Safety: Stop, Look, and Listen appeared first on Corless Barfield Trial Group. from https://corlessbarfield.com/2020/07/summer-of-safety-stop-look-and-listen/ Saharan Dust Storm to Trigger Respiratory Issues Toxic Algae & Insurance Coverage Questions6/24/2020 A thick plume of Saharan desert could soon reach humid, tropical Florida. Dust from the Sahara Desert in Africa is currently making a 5,000 mile trek west across the Atlantic Ocean and is expected to arrive in the Gulf of Mexico later this week. The massive dust storm could last for several weeks in the Sunshine State. Poor air quality is a possible impact from the dust, which could aggravate those suffering from respiratory issues such as asthma and COPD. Allergy sufferers may notice an increase in irritation from the dust as some of it mixes in closer to the surface. The air in a major Saharan dust outbreak can be harmful to people with breathing difficulties. This year’s dust plume is thicker than normal, and many health specialists are concerned about those battling respiratory symptoms tied to COVID-19. The giant Sahara dust cloud can also spark harmful algae blooms in Florida, NASA studies show. Mixed in with the Saharan dust is iron from the topsoil in Africa. When the iron ends up in the Gulf, it fertilizes the water which can begin the process of the toxic algae bloom. The link between these dust plumes and red tide is clear; research has shown after large plumes arrive, there is an increase in the harmful algae. At Corless Barfield Trial Group, we are advocates for our policyholder clients. Meanwhile, Florida insurance companies’ exclusive goal is to protect their financial interests, so they find ways to deny coverage or reduce the claim payout. Homeowners’ insurance in Florida typically offers coverage for damages caused by various natural phenomena, such as flood, fires, wind and storms, sinkholes, and hurricanes. But what about dust, and does your insurance policy cover damage to your property or injury to a person caused by the Saharan dust plume? For example, will your insurer tell you the loss is excluded by the “absolute pollution exclusion?” Most policies define “pollution” as being of purely human origin, not a dust storm made by Ole’ Mother Nature. Our law firm has a deep understanding of insurance laws, terms of insurance coverage, and we will aggressively litigate your claim on your insurance policy. For a free, no obligation assessment of your claim, contact us at 813-258-4998. There is a bright side to the Sahara dust: NOAA researchers discovered Saharan dust storms containing tiny specks of dust are linked to suppressed hurricane activity. The dust may put a pause on tropical storm and hurricane development. The 2020 hurricane season had one of the most active starts in history, with three named storms forming by June 1 for the first time ever. But the tropics have been quiet ever since slow moving dust robs the air of its moisture and dust may decrease the sea surface temperature, leading to the suppression of hurricanes. Corless Barfield Trial Group is a team of skilled and knowledgeable property insurance and personal injury trial lawyers. If you or a loved one has experienced an allergy injury, permanent health issues, or property damage, contact our Tampa-based insurance lawyers at 813-258-4998 for a free consultation. We will discuss your claim and whether it is covered by your insurance policy. The post Saharan Dust Storm to Trigger Respiratory Issues, Toxic Algae & Insurance Coverage Questions appeared first on Corless Barfield Trial Group. from https://corlessbarfield.com/2020/06/saharan-dust-storm-to-trigger-respiratory-issues-toxic-algae-insurance-coverage-questions/ Defining Bad Faith In accordance with the law, insurance companies are obligated to maintain good faith practices with policyholders while providing them with insurance service. When you file an insurance claim for a covered incident, such as home insurance, auto insurance or health insurance, you expect to have your insurer treat you fairly. The duty of good faith and fair dealing requires an insurance company to treat its policyholders reasonably and according to the policyholder’s best interests. Examples of Insurance Bad Faith Corless Barfield Trial Group attorneys have successfully prosecuted many bad faith insurance claims, including ones in which the insurance company:
If you’ve experienced dishonest dealing by your insurance company, you should speak to a bad faith insurance lawyer at Corless Barfield Trial Group. Call us at 813-258-4998 for a free consultation. As a Florida policyholder, you have the right to file a lawsuit against the insurance company if it acts in bad faith. We are a trial law firm. We prepare every case as if a trial will be necessary and we have the resources, experts, and experience to handle the most complex insurance bad faith claims. We have won historic verdicts against big insurance companies and hold them accountable for their failure to fulfill their duties. Policy Language & Punitive Damages When an insurer acts in bad faith, it can be held accountable in court and may be required to pay significant money damages. If an insurer loses its battle to deny your claim, a second lawsuit can be filed for bad faith, under Florida Statute 624.155. If, during the second lawsuit, the Court finds evidence of a general business practice associated with the insurer’s improper acts, you may also seek punitive damages. For example, Corless Barfield recently moved from a traditional bad faith claim to a punitive damages case after its investigation revealed that the insurer’s conduct had occurred more than 50 other times, making the claim more than just a single act by a rogue claims adjuster. By demonstrating that the process was baked into their claims process to lower aggregate claim payments, the Court permitted us to ask a jury to “punish” the insurer by making them pay a large number out of its own pocket. The purpose of punitive damages is to deter the insurer’s future conduct, with their awareness that the insurer will have to answer for its choices. Given the downside to an insurance company losing a bad faith case and the likelihood of owing punitive damages, insurance companies tend to be especially ferocious in their defense of the cases filed. By working with an experienced bad faith lawyer, with tons of relevant experience, you can get the legal advice you need to determine if you have a case and figure out how to proceed. Corless Barfield Trial Group is open 365 days a year. We are dedicated to assisting the injured against bad faith insurance companies. The post Property Insurance Losses and Bad Faith Insurance Claims appeared first on Corless Barfield Trial Group. from https://corlessbarfield.com/2020/06/property-insurance-losses-and-bad-faith-insurance-claims/ Fear-mongering is not our style at CBTG. We want you to be aware and prepare for the next hurricane season amid the ongoing coronavirus pandemic. Florida residents, homeowners, and business owners must remain vigilant as hurricane season unfolds against the backdrop of the novel coronavirus outbreak. The 2020 hurricane season officially starts June 1 and runs until Nov. 30. Florida residents frequently deal with extreme weather conditions, including hurricanes that can cause wind and water damage. Projections that have been issued by various agencies and institutions forecast for this 2020 hurricane season to be above-average in terms of tropical activity. Those who track ocean and atmospheric dynamics say conditions are ripe for storms. There are two main factors that suggest this year’s hurricane season could be busier than usual: warmer-than-average sea surface temperatures in the Atlantic Ocean and low probabilities that a climate pattern known as El Niño will return. Corless Barfield Trial Group is your hurricane damage insurance dispute law firm. We are located in Tampa, Florida but have helped clients when dealing with storm damage-related claims all over Florida, from Key West to Mexico Beach to Melbourne to Ft. Myers and everything in between. The high winds and heavy rain that come with storms can wreak havoc on homes, condos, and apartment buildings. Individuals also can suffer severe bodily injury or even death from fallen trees, flying debris, and electrocution. Those who own residences, vacation homes or commercial buildings or manage homeowners and condominium associations in Florida should be familiar with the kind of havoc that severe storms can wreak on properties and what are their insurance policy provisions. Homeowners and business owners should be able to rely on their property insurance to provide them with a financial safety net when their properties suffer hurricane damage. Yet oftentimes insurance companies delay, deny, or underpay valid storm damage claims. Why? Insurers have an incentive to pay as little as possible to policyholders when they file claims for large loss events like hurricanes. It is critical to have an experienced and knowledgeable attorney fighting for your rights. The role of a property damage insurance claims attorney is to ensure that you receive the amount owed under your policy for any hurricane or storm-related damage and injuries. The difference at CBTG is we don’t prepare to settle storm damage claims. Our entire trial preparation team consists of litigation experts who intend to actually try your case in court rather than settle for far less than you are owed. Our storm damage law firm can help hold insurance companies accountable. Don’t delay in seeking legal assistance; contacting Corless Barfield Trial Group early in the process will help us gather the evidence needed to support your claim. Call us at 813-258-4998 for a free consultation. Even during the coronavirus crisis, we are always accessible and available to answer your questions about storm damage claims, hurricane season, and insurance policies. The post Hurricane Damage Lawyers on 2020 Season Amid COVID-19 appeared first on Corless Barfield Trial Group. from https://corlessbarfield.com/2020/05/hurricane-damage-lawyers-on-2020-season-amid-covid-19/ Corless Barfield Trial Group is currently litigating a nearly $10 million life insurance policy dispute. This is good news for you, since if you hire us to represent your insurance interests, you know you’re getting a firm that has experience litigation high-stakes life insurance claims. Coronavirus has incentivized people who have put off the decision to make the jump and get life insurance coverage. Life insurance policies are important financial safeguards for families throughout Florida. Nowadays, policyholders ask us, will insurance pay out for deaths from COVID-19? How will my application be viewed if there’s a dispute? How will my policy be interpreted? How does the process work to get underwritten for life insurance with coronavirus? Is coronavirus excluded under life insurance policies? As coronavirus spreads and daily life becomes more uncertain, life insurance applications and policy sales are going up. COVID-19 has become a catalyst for people who normally put off life insurance decisions. Everyone from millennials to Baby Boomers are jumping on the bandwagon. However, beware when answering questions for any life insurance application. Insurance companies are looking for reasons to flip your policy if it is due to pay off. You should know that life insurance companies often refuse to pay their policy benefits when a policyholder passes away. Claims are disputed or denied regularly. The amount of money withheld each year, several hundred million dollars, has continued to climb. If you or a family member is having a dispute with a life insurance company after a family member has passed, an experienced lawyer can help. Insurers must be held accountable. A lawyer can assist you in recovering insurance benefits legally owed to you. When you purchase life insurance, you may initially feel comfort knowing that you’ve made a decision to provide for your family after your death. What you may not consider is that in signing this contract, some insurance companies will try to deny your claim. They have expert legal advisers on hand to interpret life insurance policies in the company’s favor. Corless Barfield Trial Group is here to help you recover the death benefits that are rightfully yours. An insurance company’s goal is to bring in as much money as possible while paying out as little as possible. They may look to delay or deny your claim based on contract terms and exclusions under the policy. For example, possible life insurance exclusions include:
Another trend that we are seeing in the age of coronavirus is some insurance carriers have begun adding exclusionary riders on new policies to avoid paying out on COVID-19 deaths. An exclusion rider could become an industry standard if the morbidity rate causes carriers to experience significant financial losses due to an unexpected and unsustainable claims rate. Insurers might increase premiums in the future as many are suffering losses on their investments amid the sharp declines in financial markets. It’s a brave new world, and you deserve to have the best lawyers working on your life insurance dispute. Remember, insurance companies are always looking to get out of paying a valid claim. Their job is to make money, and they make less money or no money if they pay out life insurance claims. Call Corless Barfield Trial Group 24/7 at 813-258-4998 to discuss your life insurance policy. The consultation is free. The post Life Insurance During a Global Health Crisis appeared first on Corless Barfield Trial Group. from https://corlessbarfield.com/2020/04/life-insurance-during-a-global-health-crisis/ Corless Barfield Trial Group is committed to the safety, security, and well-being of our staff and community. During the coronavirus pandemic, our goal is to help clients identify solutions and keep people safe. The World Health Organization (WHO) declared the COVID-19 coronavirus outbreak as a pandemic. This designation signifies that we are in the midst of a global disease outbreak, which occurs when a new virus emerges for which there is little or no immunity in the human population. Coronavirus can cause serious illness, and spreads easily person-to-person worldwide. Corless Barfield Trial Group is your Tampa-based law firm that is open and available to address legal matters with our clients nationwide. Our attorneys continue to guide clients through the complex process of property damage, insurance disputes, and personal injury law. If you have questions about court closures, pending legal matters, or new cases, please call us at 813-258-4998. We have moved to a remote platform and will return your calls in an expeditious manner. Our law firm wants to do our part to contain COVID-19’s spread and to implement the federal and state government’s health and safety recommendations. We do this out of concern for the safety and health of our clients and hard-working staff. You may also have questions about different areas of law that may be impacted by the coronavirus, including contracts, force majeure clauses, employment law, or workers’ compensation. We invite you to call Corless Barfield at 813-258-4998. We are here to help clients better understand and prepare for impending legal complications resulting from the COVID-19 pandemic. We have lawyers and support staff ready, willing, and able to answer your questions. For the latest health information, visit cdc.gov and who.int. You may also find the following link helpful regarding Florida State Courts: informz.net/FB/data/images/AOSC20-13.pdf. Check back on our website and social media platforms for continual updates as part of Corless Barfield Trial Group’s ongoing coverage about important COVID-19 coronavirus topics and resources. Our attorneys continue to monitor developments to provide up-to-date advice to our clients. We deliver outstanding results, and we will continue to do so. Together, we will get through this. The post Navigating the Coronavirus: A Message From CBTG appeared first on Corless Barfield Trial Group. from https://www.corlessbarfield.com/2020/03/navigating-the-coronavirus-a-message-from-cbtg/ Where We Are As more states report cases of the coronavirus (COVID-19), you should know about your legal rights and the risks associated with coronavirus. Microsoft, SAP, JPMorgan Chase, and hundreds of other employers have imposed restrictions on travel, domestic as well as international. Countless supply contracts are being disrupted by factory shutdowns in the areas most affected by COVID-19. Facebook, Stanford University, SXSW, and Google have canceled long-planned business conferences and events. Two people have already died in Florida out of at least a dozen Florida residents that state health officials say have tested positive for the new strain of coronavirus that is now quickly spreading across the United States and other parts of the world. Florida Gov. Ron DeSantis spoke at a press conference at Port Everglades on Saturday where Vice President Mike Pence as well as Florida Senators Rick Scott and Marco Rubio addressed the spread of the virus and the danger to the state’s elderly population. “This is a virus that has a disproportionate impact on that community,” DeSantis said. Legal Matters Involving Coronavirus Whether you are a big or small office, and whether you have offices overseas or not, every employer (and employee) should have a disaster plan in place for the coronavirus and other types of health crises as well as natural disasters. Companies should consider how to protect their employees and their productivity without running afoul of employment laws. As an employer, the most important message to communicate is that employees should stay home from work when they are sick and telecommute if necessary. With the global spread of coronavirus, companies should focus first and foremost on employee safety. Business continuity plus the well-being of your employees and clients is of the utmost importance. Employers can require that an infected or at-risk employee stay home from work if the employer has a reasonable objective belief that the employee poses a direct threat to the workforce. An employee’s race, color, sex, national origin, or perceived or actual disability cannot be taken into account when assessing risk. Employers cannot require employees to undergo medical exams and should avoid making unnecessary inquiries into an employee’s medical status. The Americans with Disabilities Act (ADA), along with equivalent state and local laws, restrict an employer’s ability to ask questions about an employee’s medical condition. The Family Medical Leave Act provides job-protected unpaid leave for employees and their family members who are suffering from a “serious health condition.” If an employee or his/her immediate family member contracts the coronavirus, the FMLA could be triggered. Will insurance cover COVID-19 losses? Losses related to coronavirus could be covered under insurance depending on the type of loss, the type of coverage, and the terms and conditions of specific policies. Policyholders should review their insurance coverage provisions. Business interruption insurance could provide coverage for income and other losses. The scope of coverage for coronavirus and other infectious disease-related losses will ultimately depend upon the specific language of each insurance policy. Remember, too, not every contract and governing law provides for a force majeure defense based on unforeseeable events outside the parties’ control. Next Steps The main challenges in the next few weeks are to become informed on legal options, develop a risk management strategy, keep up with health guidelines, and exercise a certain degree of common sense. It is important that you consult with counsel regarding your legal rights in light of the coronavirus. Corless Barfield Trial Group advises clients on numerous legal issues relating to the coronavirus and its effects, such as force majeure clauses in contracts, employment law matters, insurance law, negotiating commercial agreements in light of world events, and risk mitigation, among other issues. For a free, no-obligation consultation, call Corless Barfield at 813-258-4998. The post What Are Your Legal Obligations With Coronavirus? appeared first on Corless Barfield Trial Group. from https://www.corlessbarfield.com/2020/03/what-are-your-legal-obligations-with-coronavirus/ |
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