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Accidental Death Lawyers

Accidental Death Lawyers

If you have recently lost a loved one in an accident, you may still be in a state of shock. Your losses are financial, emotional and physical, but you may also just be confused about what to do now. You may have funeral arrangements to attend to, and day-to-day concerns.

If you have legal questions, contact the wrongful death lawyers. If someone else may have been to blame for the wrongful death, we will perform an investigation, and seek monetary damages for you.

Compensation

A price cannot be put on a family member or spouse lost to wrongful death. But especially if that person was a bread-winner for the family, you will need compensation in a settlement or award, and we can help.

The wrongful death law in California allows financial recovery for miscellaneous things such as funeral expenses, as well as loss of companionship and financial support. Additional “punitive damages” are awarded in some cases.

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Insurance Faith Cases

Insurance Faith Cases

For over 30 years, the lawyers have been helping residents in Arroyo Grande and who have been denied coverage by their insurance companies.

Below are some examples of our successful recoveries for clients:

Client’s mobile home suffered damage from a mud slide and wind and rain damage. They received a check from their insurance company for damage made payable to the insured’s and the lien holders of the mobile home. The insured’s (clients) signed the name of the lien holders on the check without permission.

Thereafter, the mobile home suffered additional water damage and another loss by vandalism. The insured’s submitted another claim for the subsequent damage. Prior to that subsequent claim, the insurance company did not cancel the policy.

The insurance company then refused to pay the claim, asserting that the ‘fraudulent endorsement of the lien holders’ signatures voided the policy. It cited the policy language and the California Insurance Code. The trial court agreed with the insurance company.

We appealed, contending that the Insurance Code and the fraud provisions of the policy concern an insured submitting false claims to the Insurance Company, and that the insured’s intent was material.

The California Court of Appeal agreed with us and in a published opinion held ‘As a matter of Law,’ the acts of signing the lien holders’ signatures on the checks issued after the insurance company investigated, approved and paid claims, DO NOT VOID THE INSURANCE POLICY, as the false representations do not relate to the investigation to determine the company’s obligations under the policy. CONFIDENTIAL SETTLEMENT

Doe Client v. Doe Insurance Company

Plaintiff, insured, was at fault in an automobile “rear-ender” and was subsequently sued by occupants in the other car.

The insurance company thought the accident was fraudulent and conveyed that suspicion to the law firm they hired to ostensibly defend their insured. That law firm provided information to the insurance company and eventually learned that the company was planning to sue its own insured (their client), but did not inform her.

After the insurance company sued its Spanish-speaking insured, it filed a request for a default and judgment in the amount of $38,000. Plaintiff did not understand the proceedings, and filed for bankruptcy protection.

We filed a bad faith lawsuit alleging no fraud on the part of the insured, but rather bad faith on the part of the insurance company with knowledge of its conflict of interest. We sought damages against the insurance company and the law firm for: legal malpractice; malicious prosecution; breach of the implied covenant of good faith and fair dealing. CONFIDENTIAL SETTLEMENT

Roe Client V. Roe Insurance Company.

Plaintiff, our client was at fault in an automobile accident. The third party in the accident claimed damages, and our client’s car was extensively damaged. Our client tendered the case to the insurance company who denied the claim based on the premise that they had not received his monthly premium payment on time.

We filed suit and argued that our client had not received proper notice of termination. Ultimately, the company agreed to pay for repairs to the car, damages to the third party claimant, and attorney fees. CONFIDENTIAL SETTLEMENT

Insurance Faith Cases

Doe Client v. Doe Insurance Company

Client’s 15 year old son was a passenger in the family truck which was driven by a friend of the family with permission. The driver lost control of the truck, and unfortunately both were killed. The driver was covered by a non-owner auto liability policy of his own with coverage of $15,000.00 which was paid to the 15 year old’s family. We then made claim for the underinsured portion of the family’s coverage which was denied alleging no coverage and further alleging that the insured was late with their payments such that the policy had been cancelled. We filed a lawsuit and extensive litigation followed.

Most insurance policies have language excluding a vehicle that is owned by the insured from being an underinsured vehicle. An example from a competitor’s policy reads: “However, underinsured motor vehicle does not mean a vehicle (a) owned by you, a relative or a resident of your household.” We scrutinized our client’s policy and found that this provision did not exist in the subject matter policy. The insurance company continued to fight payment.

The insurance company asked the court to find no coverage as a matter of law–stating there was a requirement of two cars for underinsured coverage to apply. We argued that this was a case of first impression and the court agreed with our position stating the “language of the insurance policy does not require that there be two vehicles involved in an accident in order to trigger the policy’s “underinsured motor vehicle” coverage.

The insurance company filed a Petition for Writ of Mandate with the Court of Appeals which was denied. CONFIDENTIAL SETTLEMENT

If you are facing coverage problems with your insurance company, contact our lawyers today to discuss your bad faith insurance claim.

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Family Law Attorneys

Family Law

Divorce can be one of the most significant, stressful events in your life. It can lead to changes in lifestyle, location, and most importantly, parenting. When you are dealing with the uncertainties that accompany divorce, you need experienced legal representation to help guide you through the process and stand up for your interests. For over 30 years.

Contact us today for a free phone consultation about your divorce or family law issue.

A Caring, Competent Approach

We provide personal attention and skilled representation that is focused on your needs and the best interests of your children. Family law attorney has handled a myriad of cases, from uncontested, straightforward divorces to complex divorce litigation cases involving custody disputes and millions of dollars in assets.

Many clients find that mediation of their family law matter is their best alternative. Mediation is an out of court dispute resolution process designed to minimize the stress and cost of a divorce. Mediation can be a sensible, economical, efficient alternative to a hostile, contested divorce.

OR

Family Law

You may elect to hire your own personal attorney who will represent you only and provide confidential, essential legal advice needed to resolve your case. Even if both parties have their own attorney, you may still be able to resolve your case by way of settlement. If settlement is not possible after exploring all viable alternatives, we will vigorously represent you in Court. The divorce process can seem daunting. When children are involved, you may worry about the impact on them and their future. We give you information about what your options are and explain the next steps. We will lay out realistic expectations for your case and help you feel confident about what lies ahead.

Our goal is keeping you out of court if possible to give you, instead of a judge, control of your case. We focus on saving you money and protecting your confidentiality. When the end result would benefit you more than litigation, we fully explore all settlement options before engaging in contested litigation.

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