Insurance Litigation

Protecting Clients from Bad Faith Insurance Practices

Many insurance companies deny claims as a general practice rather than objectively evaluating the merits of a claim. The Law Offices of Louis Spitters in San Jose, California, is committed to pursuing our clients' right to receive proper compensation for their claims and holding insurance companies liable when they engage in bad faith insurance practices.

Buying an auto, homeowners, health, life, or general liability insurance policy is intended to bring peace of mind and a level of stability in knowing that if a loss covered loss occurs the insurance company will be there to pay the claim and provide the security for which a premium was paid. If you believe your insurance company has failed to pay a valid claim, contact us.

Knowledge of the Insurance Industry at Work for You in San Jose, California

Insurance policies are not identical. Even though some policy provisions may be required by law, there will be variations in the terms of policies issued by different insurance companies. Policies are drafted differently to account for the different risks and losses they are intended to cover. The Law Offices of Louis Spitters maintains a working knowledge of various types of insurance policies and the coverages they provide.

Clients with insurance issues present varied issues that are frequently unique to their circumstances, requiring an experienced lawyer with knowledge of various types of policies and the manner in which the insurance industry responds to claims. Presentation of a claim entails a thorough review of the facts from which it arises, and a detailed analysis of the terms of the applicable insurance policy.

The Law Offices of Louis Spitters collaborates with my clients in preparing and presenting a claim to an insurance company. In some cases, where coverage is an issue, the claim will present a coverage analysis. In other instances where coverage is not in dispute the claim will present the facts and evidence supporting the request for policy benefits.

If an insurer improperly responds to a claim or fails to pay a valid claim, they may be held liable for bad faith insurance practices. I will evaluate the merits of the claim and the assertions of the insurance company's bad faith in advising my clients on their possible courses of action.
I have been involved in insurance litigation for 25 years involving issues of coverage, claim handling and bad faith litigation addressing claims under all types of insurance policies.

Fully Prepared for Insurance Litigation or Arbitration

After preparing and presenting a coverage or demand letter to the insurance company, I will attempt to negotiate a resolution of the claim. If the negotiations are not productive, some claims must first be evaluated through an arbitration or valuation process. In other instances, the insurance company may bring a lawsuit seeking enforcement of its interpretation of its policy. Absent these hurdles, if it is concluded that the insurance company has acted unlawfully, a bad faith action may be brought to satisfy your claim. The damages that may be recovered will vary with the type of policy involved and the nature of the insurer's conduct. I advise my client throughout this process of the remedies available to them and of the likelihood of prevailing on the claim and the bad faith issues. This approach requires that insurance companies address claims in a responsible manner, or that they be held liable for bad faith insurance practices.

Contact Us

For more information or to schedule an appointment with an experienced insurance litigation attorney, please contact us.