“As soon as an insurance company denies a claim – they win.” That’s how I start my opening statement to the jury every time I go to trial against an insurance company. The reason I state that is because I believe it’s true.
For example, when someone has suffered a major loss, such as a fire which has destroyed their home or business, a claim is made for the insurance. The insurance company decides they are not required to pay the claim. The policyholder usually has only 3 choices:
- They can throw up their hands and walk away figuring that it would be futile to fight an insurance company with limitless resources;
- If an offer is made they can gratefully take whatever money the company offers and consider themselves lucky for getting anything; or
- They can decide to fight.
I then point to my clients and say to the jury – “my clients Mr. & Mrs. X have decided to fight.” Within 5 minutes of the start of the trial, I have created in the minds of the jury, the David & Goliath image and I can assure you it’s usually an accurate image.
Claims can be denied for valid and legitimate reasons. However, in all too many cases the denial is not justified and the client is left with the three options set out above. I tell my clients that if insurance companies paid all legitimate claims I would have spent the last 45 years doing wills, divorces or maybe real estate. Instead, my firm Singer Kwinter and I have spent those years fighting on behalf of the David’s, the policy holders. Our record speaks for itself.
And the fight goes on…