While you want to believe that the insurance company is on your side, this is not always the case. Insurance companies hire claims adjusters to give you the claim that best fits their needs. They are trained to look at evidence and determine ways to lower your compensation. Some strategies that an adjuster might use against you to devalue or deny your claim are: Saying that your evidence is invalid Saying that you missed your deadline Delaying payment until you give up While they are well-trained in claims, most people dealing with them are not. It can be helpful to have some arsenal to deal with prepared claims adjusters. Below are five tactics to better help you in the battle for compensation. 1. Review Your Policy Before Picking Up The Phone If you haven’t already, it is smart to read through your policy before calling your insurance company. Make sure you understand what is and is not covered. Once…Read More
The Securities and Exchange Commission claims that Barclays PLC overbilled clients of its asset management business for tens of millions of dollars and committed other wrongdoing. It had charged the bank civilly, and Barclays agreed this week to settle the matter without admitting or denying wrongdoing. According to Reuters, the SEC found that Barclays had put some of its brokerage clients in expensive share classes even though less expensive classes were available, causing those clients to pay excess sales charges on their mutual funds. Other clients — around 2,000 — signed up for due diligence and monitoring services that Barclays never performed. A third group of clients — representing 22,138 accounts — ended up paying extra money to the financial services giant due to billing errors and other miscalculations. All in all, the SEC estimates that the overbillings added up to around $50 million. “Each set of clients who were harmed are being refunded through…Read More
With more than 5,000 employees let go and $185 million levied against them in fines, Wells Fargo is facing a dilemma. After it was revealed that the San Francisco-based bank fraudulently established more than 2 million customer accounts – and, in many cases, charged customers maintenance fees for those accounts – the public has lost faith in the institution. The question remains: What, if anything, can Wells Fargo do to make it up to consumers and regain their trust? Can A Bank With “Gutless” Leadership Be Gutted? In the wake of the scandal, the bank and its top brass have withstood a great deal of public scrutiny and criticism. On Capitol Hill, Senator Elizabeth Warren called Wells Fargo’s CEO, John Stumpf, a “gutless” leader. She urged him to resign and pay back the money he made from these illegal accounts. Stumpf, for his part, has signaled that he will do “whatever it takes” to make…Read More
The typical homeowners insurance policy has numerous types of coverage in it. One type of coverage that is common in such policies is additional living expense coverage. ALE coverage covers certain living-expense-related costs (such as lodging costs) when a person has to vacate their home for a time because of certain events. One such event can be a forced/mandatory evacuation ordered due to a disaster, such as a wildfire. So, when a disaster strikes in the area a person’s home is in, what damage was done to the home is not the only thing that can have impacts on whether the person has grounds for a claim on their insurance policy. Another is if any evacuation orders were issued in relation to the disaster. Now, homeowners insurance policies can vary significantly in the kinds of coverage they have and the specific terms related to the particular types of coverage included in the policy. So, when…Read More
Last week, a federal judge in Delaware ruled that Liberty Mutual insurance company is obligated to defend one of their policyholders in a lawsuit. Magda Korn, ex-wife of former Korn band member and aspiring politician Richard Korn, faces charges filed by her ex-husband for defamation and negligence. In 2013, while the couple was undergoing their divorce, Ms. Korn took a portable hard drive belonging to Mr. Korn and gave it to the police, claiming her ex was in possession of child pornography. More than 25 images were later found by police on Mr. Korn’s personal computer, but prosecution was unable to prove he knew about said images. Mr. Korn then filed a lawsuit against her for loss of reputation and other damages. In his lawsuit, Mr. Korn claims his ex-wife falsely accused him to try to gain leverage in the couple’s divorce. He is suing for loss of reputation, lost wages and earning capacity, severe…Read More
Insurance exists to protect ourselves, as well as our families, homes and other property, from unforeseen circumstances. Insurers have an obligation to act in good faith when dealing with their policyholders. When an insurance company delays, denies or undervalues your claim, they may be acting in bad faith. Should you file a bad faith insurance claim? How do you know when it is the right time to do so? According to the California Insurance Code, the following may qualify as bad faith insurance tactics: Failing to acknowledge a claim in a timely manner Failing to settle claims with clear liability in a timely manner Trying to settle a claim for less than the amount requested Using previous claims as grounds to deny new claims Misrepresenting provisions in an individual’s policy or key facts in a case Failing to conduct a full investigation of a claim Cancelling a policy after a claim has been filed Requiring…Read More
All too often, employees in California do not fully understand their rights regarding wages, hours and overtime. As a result, numerous violations by employers go unnoticed and unchanged. The best way to ensure that you and your coworkers are being treated fairly by your employer is to recognize and take action against wage and hour violations. The first step in being able to do so is to understand Federal and state laws and how they apply to your legal rights as an employee. Most wage and hour issues fall into the following categories: Minimum wage violations – As of January 1, 2016, the minimum wage in California is $10 per hour. Employers are not allowed to include tips in the minimum wage calculation; it must be the flat rate before gratuities are added. Additionally, managers, supervisors and owners are not allowed to share their employees’ tips. Overtime issues – Nonexempt employees cannot work more than…Read More
A class action lawsuit has been filed against Prime Inc. trucking company for violations to the California labor laws. The company allegedly misclassified thousands of drivers to avoid paying them for overtime hours. In addition to calling their drivers “independent contractors” to avoid paying full wages and overtime, they also are accused of requiring drivers to sign arbitration clauses. These essentially prevent workers from bringing claims against the company to court. The accusations in the class-action lawsuit against Prime, Inc. don’t stop there. The driver who came forward with the original complaint also alleges that, as an independent contractor, he was required to pay the company to use the truck, as well as cover the cost of insurance and gas. This could potentially result in no paycheck some weeks. All of these practices are argued to be standard for the trucking industry, especially classifying drivers as independent contractors. Lawsuits such as this are becoming more and more…Read More
Everybody makes mistake in their lives. The degree of these mistakes can vary wildly, but part of living involves learning and moving forward. Unfortunately, many people who have criminal records find that it is incredibly difficult to move forward, especially when it comes to finding employment. We are often asked questions about what impact your criminal history can legally have on your employment prospects. The answer to this question is complex, but the bottom line is that there are federal and state legal limits on employers when it comes to criminal backgrounds. Employers May Seek Outside Background Check It is common for employers to seek criminal background checks conducted by outside agencies. However, employers have to strictly comply with the Federal Fair Credit Reporting Act (FCRA) and the California Investigative Consumer Reporting Agencies Act (ICRAA), which require that the employer: (1) have consent from the applicant/employee to obtain the background check; (2) inform the individual…Read More
Consumer fraud has risen sharply in recent years. This is no real surprise, as Americans have begun to use more and more technologies – tablets and smartphones, PayPal and Venmo – to conduct transactions, leaving themselves vulnerable to more and more types of theft. Yet the most prevalent form of fraud is one that has been perpetuated for decades. According to a recent report issued by the Federal Trade Commission, the most common consumer complaint stemmed from illegal practices undertaken by debt collection agencies. The FTC received nearly 900,000 complaints to this end. Now the question is what they might do about it. What Is The Government Doing About It? While some debt collection agencies comply with federal laws, many engage in illegal activities in order to obtain what they’re owed. They will harass and threaten debtors, demand excessive payouts, and share consumers’ private financial information. The effects can be disastrous. Consumers are often coerced…Read More
