Smith, Welch,
Webb & White
Insurance Law
01.
Insurance Defense
Insurance is an essential aspect of most people’s lives, and it can be obtained for almost any reason. Those who buy insurance policies do everything to protect themselves, and insurance firms in Georgia must follow suit. Our insurance defense attorneys can assist insurance carriers with litigation and other legal matters when necessary.
We protect ourselves and our loved ones in many ways, including the protection of insurance that provides us with financial peace of mind. However, complications can quickly make a situation more complex and will leave a client, policyholder, or insurance company unsure of how to handle a legal issue when it arises.
The insurance defense attorneys of Smith, Welch, Webb & White have continuously represented Georgia Farm Bureau and its insured drivers for over 40 years and presently defend lawsuits brought in Butts, Clayton, DeKalb, Fayette, Henry, Jasper, Lamar, Newton, Pike, Rockdale, Spalding, and Walton Counties.
Our attorneys have years of experience to handle issues such as:
- Automobile accident liability cases
- Slip and falls
- Premises liability claims
- Wrongful death damage claims
- First-party wage and medical coverage
- Insurance coverage
- Bad faith
- Property and homeowners’ claims
- Municipal law
- General liability
- Professional liability
- Property damage
- Construction claims
Protecting Policyholders
When facing a lawsuit, policyholders can obtain an insurance defense attorney through their insurer. Anyone can be sued wrongfully in the case of accidents. Drivers, business owners, and property owners alike can fall victim to unwarranted or fraudulent insurance claims for the opposing party to obtain a grossly inflated settlement amount. Obtaining an experienced lawyer will begin an investigation from the moment of the accident and begin advising negotiation.
Our attorneys utilize resources, gather necessary evidence and information, and research liability to properly litigate on behalf of policyholders. The insurance defense lawyers of our firm have taken many cases to trial if necessary to rightfully fight for our client and ensure the most favorable outcome. With our legal advice, policyholders can expect less monetary damages and a more favorable settlement or verdict with representation.
Georgia’s Respected Insurance Defense Firm
02.
Life Insurance Appeals
Life Insurance Claim Denial
When a loved one has passed, we expect our insurance companies to aid in a process that is already emotionally overwhelming. However, every year millions of dollars in life insurance benefits are withheld from grieving families when life insurance claims are denied on a family member’s life insurance policy. Insurance companies can also unfairly cancel a policy, give you a lowball settlement amount, or even revert to non-payment upon reviewing an application.
There are many ways life insurance companies can act in bad faith when handling life insurance claims. If your claim is denied, it is in the best interests of claimants to act quickly within the 60-day contestability period to contact a life insurance claim attorney and appeal the claim denial.
What the Insurance Companies Say
Often, insurance companies will respond with material misrepresentation issues related to the initial application and argue that something was misrepresented or intentionally withheld. In addition, in cases where there is an AD&D provision, they will argue that the cause of death or circumstances surrounding death is not covered under the policy and that there will not be any payout or death benefit on the AD&D provision. Our insurance claims lawyers have handled multiple insurance cases involving these circumstances. Often, the death certificate provides sufficient evidence to establish that the individual in question did die of a covered accident.
In instances of denied life insurance claims, a skilled life insurance attorney must be brought into the equation very quickly because often there is a short burning fuse of a timeline in which to appeal the denial. Generally, an important rule under Federal law is that you only have 60 days to file an appeal to the denied death claim. If you do not contact the insurer within 60 days of the life insurance dispute, you are essentially giving up your opportunity to appeal. In most instances, you can ask the insurer for more time and they will grant the request; however, you cannot assume this and must review the policy language to determine the applicable appeals process and deadline.
How a Life Insurance Claim Attorney Can Help Appeal Your Denial
It is imperative you contact a life insurance lawyer immediately to understand your rights and obligations in appealing these denials. We have handled many of these matters and have been shocked over the years when these matters are denied without cause. Importantly, if the subsequent appeal is denied then the matter may have to proceed into litigation in the form of a Complaint against the insurance company, and our law firm is experienced in litigating cases of this nature before Georgia State and Federal Courts. Generally, these appeals are handled on a contingency fee basis which means we are not paid for our legal representation unless the appeal is granted and the funds are obtained; i.e., we do not get paid unless the beneficiary gets paid.
Thereafter, the agreed-upon percentage of attorney’s fees would come from the life insurance proceeds after the life insurance beneficiary is paid out after the appeal is granted. Once again, time is of the essence in these matters and it is important that you know your rights and obligations and act immediately if the policy in question has been denied.
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Whether you need legal counsel insurance defense issues or guidance through complex insurance policy matters, our team of experienced insurance law attorneys can help. Call us at 1.855.505.SWWW (7999) to schedule your initial consultation or case evaluation.
Hear from Those We Have Helped