The insured was murdered in a drive-by shooting. His mother submitted a claim for his life insurance benefits, but the insurer balked because the last premium was supposedly paid late. The mother came to us after several lawyers had told her there was nothing that could be done. We obtained the files of the agent and the insurer and prepared a detailed timeline that demonstrated that the insurer’s changing billing practices had resulted in confusion about when the premium was due. The agent admitted that even he was confused. The insured’s premium payment had been late, but we proved that he mailed the premium before he was murdered. The insurer received the premium after the murder, and accepted and processed it – at least until its claim department received notice of the claim. Then it had its underwriting department refund the premium. The tactic did not work, and the insurer paid the entire benefit amount.
Arson
Unfortunately, these catchy slogans may amount to little more than false advertising. Insurance companies often turn on the very people they promise to protect, accusing them of arson, fraud, or misrepresentation.
Hit and Run
A married couple planning to travel to India decided to purchase travel insurance from a company online, primarily so that they would have health insurance while abroad. Tragically, the wife was killed by a hit-and-run driver while riding a scooter. The travel insurance policy contained several benefits, including coverage for accidental death. The insurance company suspected the husband may have been involved in staging the accident, based primarily on rumors that it heard about marital problems between the couple. After waiting over a year for the insurance company to pay the claim, the husband hired Rutter & Russin. Following a lawsuit in federal court, the insurance company paid the policy limits plus.
Policyholders making a business interruption claim due to property damage often face an uphill battle with their insurance company. The attorneys of Rutter & Russin are experienced in representing policyholders in this complex area of insurance law. Contact us today for a free consultation.
The insurer refused to defend its insured in a lawsuit alleging a serious personal injury to the victim. The insurer’s intractable position – no coverage. The victim’s lawyer went forward and obtained a $6.5 million judgment against the insured. But how to collect?
The insureds purchased a home in a foreclosure auction for $3,000, a price well below the actual market value. When they sought insurance, the carrier insisted on insuring the house on a replacement cost basis — that is, the cost to rebuild the house. Shortly thereafter, the house sustained a fire, completely destroying it. The insurer suspected foul play and also wanted to pay only $3,000 if it honored the claim. Rutter & Russin successfully represented the insured obtaining a policy limits recovery of $175,000 within 30 days of receiving the case.