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· We offer Civil
Litigation Defense for Insurers at all stages
of litigation through trial.
· We have particular
experience with automobile accidents, premises
liability, medical malpractice, claim denials,
product liability and wrongful death!
· We have successfully
litigated hundreds of injury and accident cases!
· We handle cases
involving negligence and intentional misconduct
such as assaults.
· We offer more
aggressive representation, quicker solutions,
and more competitive rates that big law firms.
· Our Principal
Attorney, Mr. Walston, has never lost a jury trial!
· Our Principal
Attorney, Mr. Walston, teaches litigation to practicing
attorneys.
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Home
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Litigation
Defense >> Insurance Defense
Attorney
Representation in San Francisco, California since
1989
SAN
FRANCISCO INSURANCE ATTORNEY
Insurance
Defense
 Insurance
law involves some limited federal oversight, but
is mostly a creature of state statutory law. Because
of this, the expertise of San Francisco attorney
is exceedingly important in the defense of insurance
companies. An understanding of basic insurance
law themes will aid your ability to communicate
with your legal counsel. Below is an overview
of some important insurance law themes. An San
Francisco attorney who practices insurance law
can answer all of your questions.
The
Purpose of Insurance
The purpose of insurance is to spread risk from
one individual to a larger pool. Therefore, insurance
companies are businesses that collect, manage,
and allocate money to those who have paid premiums
to reduce their risk of loss by becoming a part
of the insured pool. An insurance policy aims
to put the policyholder in as good of an economic
position as they would have been but for a loss.
The
Policy Agreement
Insurance agreements vary widely. Some basic similarities
among all policies include:
- All
are legally binding contracts
- All
have clauses that outline the duties and obligations
of the parties to the agreement
- All
define a "loss" under the policy
Insurable
Interest
A
person must have an insurable interest in the
subject matter of the policy to have a legitimate
insurance agreement. A person has an insurable
interest in the subject matter when loss or damage
to it would cause the person to suffer a pecuniary
loss.
The
Types of Insurance
There
are many types of insurance policies. Virtually
all of the main policy types may be split into
sub-parts and variations. Basically, if a person
or business has an insurable interest, there may
be a policy that protects them.
The
main types include:
- Health
insurance
- Life
insurance
- Disability
insurance
- Homeowner's
insurance
- Automobile
insurance, and
- Various
types of policies intended to protect a business,
including variations of commercial liability
insurance
The
Law that Governs Insurance Companies
U.S. insurance companies are primarily governed
by state law. State governments usually have a
regulatory agency which is charged with overseeing
an insurance company that is incorporated or licensed
to do business within the state. This agency will
most likely be headed by an insurance commissioner.
The
state agency charged with insurance oversight
is primarily concerned with assuring that the
insurance companies that do business within the
state are financially sound. To be financially
sound an insurance company must be able to pay
claims for which it may become obligated.
Generally,
state agencies are also concerned with assuring
fairness in the dealings between an insurance
companies and policy holders.
Subrogation
Subrogation is a major topic in the defending
of insurance company interests. It is generally
defined as the means by which an insurer that
has already paid for the loss of its insured may
obtain recompense from a third party that is responsible
for the loss. This defense is generally available
under most legal insurance contracts, and under
equitable theories guided by notions of fairness
and justice. An insurance company cannot subrogate
against its own insured.
The
Duty to Defend an Insured under a Liability Policy
Another important topic in the area of insurance
defense litigation is the insurance company's
duty to defend its insured. This duty often arises
in a contractual agreement for liability insurance.
If the insurer has agreed, it must fully defend
any claim against its insured that is potentially
within policy coverage. Therefore, if any part
of a claim is covered, the insurance company must
defend the entire claim.
The
Duty to Settle under a Liability Policy
Most liability insurance contracts give the insurance
company the discretion to settle a lawsuit against
its insured. When an insurance company makes its
decision to settle, it must give the interests
of the insured at least equal consideration as
that of its own interests. In most cases, an insurance
company has the duty to settle a lawsuit within
the limits set out in the policy when there is
a great risk of recovery over policy limits, and/or
settlement is the most reasonable manner of disposing
of a case. Different jurisdictions have differing
tests for whether this duty has been met.
Conclusion
Insurance
litigation is complex and largely differs from
case to case and jurisdiction to jurisdiction.
An attorney who practices in insurance law can
help clarify all of your insurance law questions.
Practice
Areas:
Criminal
law: including San
Francisco criminal attorney representation
for Drunk
Driving, DUI, DWI,
White Collar Crimes, Drug
Crimes, Computer
Crime, Identity
Theft, Violent
Crimes
Injuries
& Accidents: including San
Francisco attorney representation for Cars,
Trucks & Bike accidents , Wrongful
Death, Assault
& Battery, Premises
Liability, Animal
Attacks, Medical
Malpractice, Dangerous
Products
Civil
Rights:
including attorney representation for
Constitutional Law, Police
Misconduct, Discrimination
Litigation
Defense: including San Francisco
attorney representation for Insurance Defense,
Personal Injury, Premises
Liability, and Medical
Malpractice
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