Thursday, December 5, 2013 06:25:44 AM
Insurance Litigation - Stevens Martin Vaughn and Tadych, PLLC
Insurance issues can arise in many ways, sometimes in situations where insurance is not initially anticipated as an issue. Our insurance law team of Hugh Stevens, Matt Vaughn and Mike Tadych has a wealth of experience in dealing with insurance coverage and related insurance issues.
Crop Insurance Claims
Fire, Property and Casualty Insurance Claims
Flood Insurance Claims
General Insurance Coverage Disputes
Insurance Agent and Broker Errors and Omissions
Life and Accidental Death Insurance Claims
Unfair and Bad Faith Insurance Practices
Workers Compensation Insurance Audit Defense
Crop-hail and multi-peril (MPCI) insurance claims can easily be likened to a race against time when growing crops (tobacco, cotton, soybeans, etc.) suffer damage from wind, hail, flood, pestilence or fire. Prompt adjustment and proper preservation of damaged plants must be weighed against salvaging what is left of a crop and meeting marketing deadlines. We have successfully represented growers in central and eastern North Carolina in pursuing crop insurance claims denied or improperly adjusted by insurance companies. In the aftermath of partner Mike Tadych created computerized damages analyses that led to the successful resolution of more than 35 lawsuits by North Carolina tobacco farmers arising out of unfair claims settlement practices by crop insurers. Hugh Stevens or Mike Tadych will be happy to talk with you about a potential crop insurance claim or dispute.
Our attorneys have extensive experience representing clients with respect to their fire, property and other casualty insurance claims. Whether your claim involves commercial, homeowner or other property coverage, we can help to make sure you are treated fairly.
Contrary to popular misconception, homeowner and commercial casualty insurance policies usually do not provide flood insurance coverage. Such coverage must usually be purchased through the National Flood Insurance Program, either through private insurance carriers or directly from the Federal Emergency Management Agency. Unlike most other types of coverage, such flood insurance policies are governed by Federal law, not state law.
Matt Vaughn and Hugh Stevens have extensive experience litigating flood insurance claims. Our attorneys have also represented both policy-holders and insurance professionals with respect to errors and omissions claims in the flood insurance procurement process.
IMPORTANT NOTE: Under Federal law, strict deadlines apply to flood insurance claims. Therefore, it is critical that policyholders comply with all deadlines regarding giving notice of the loss, submitting proof of loss to the insurer and, if warranted, contesting any denial in court.
North Carolina regulates the insurance business in the state through the Department of Insurance and the North Carolina General Statutes, including Chapter 58 and related regulations. Insurance companies and their representatives must abide by North Carolina law when dealing with North Carolina residents and businesses. Although policy language is regulated by the Department of Insurance through its approval of policy forms, disputes arise frequently regarding whether a particular event, loss or circumstance triggers insurance coverage or duties under insurance policies. Matt Vaughn, Mike Tadych and Hugh Stevens regularly work with policyholders, brokers, agencies and carriers to assess whether coverage exists and whether one interpretation of an insurance policy is consistent with its language and the requirements of North Carolina law and regulation.
Errors and omissions claims against insurance agents and brokers typically arise where a loss occurs that the policyholder believes should have been covered, but the insurance company denies the claim. Consequently these claims are often asserted in conjunction with a claim against the insurance company for improperly denying the claim.
Our attorneys regularly represent both policy holders and insurance agents and brokers with respect to claims of failure to procure coverage. If your claim has been denied when you believe there should have been coverage, or if you are an insurance professional against whom a claim for failure to procure coverage has been asserted, contact Matt Vaughn or Mike Tadych.
Claims under life and accidental death insurance policies are sometimes fraught with hidden complexity. An experienced attorney can help to evaluate and deal with the issues typical to life and accidental death insurance claims. If your claim under a life or accidental death insurance policy has been denied, contact Hugh Stevens or Matt Vaughn.
Insurance companies do not always treat their customers fairly. Sometimes they engage in illegal sales and claims practices. If an insurance salesperson has misrepresented a policy to you, or if your insurer refuses to pay a legitimate claim, you may be in a position to assert a bad faith or unfair practices claim against your insurer.
Matt Vaughn and Mike Tadych have pursued bad faith claims on behalf of numerous individual and corporate policy holders in state and Federal courts. If you or your business have been treated unfairly by an insurance company, we have the knowledge and experience to help you evaluate and pursue your rights.
Unlike most types of insurance, the premium owed on workers compensation insurance policies is determined at the end of the policy year, through the insurance company’s audit of the employer’s books and records. Because of the often complicated and difficult to understand rules for determining when coverage is required and establishing the rates for required coverage, audits can often produce surprising (and expensive) results.If your company is assessed with a workers compensation audit premium that you believe is incorrect, contact Matt Vaughn or Mike Tadych, either of whom will be pleased to discuss whether your company has possible grounds to reduce the claimed audit premium.