New York insurance lawyer James J. Corbett is an experienced litigator who has been representing clients throughout the metro area for over 20 years. He is recognized for his ability in the courtroom and at the negotiating table by other lawyers, who often refer clients to Mr. Corbett, and has a proven track record of holding insurers liable to the fullest extent of the law. The Law Office of James J. Corbett prides itself on providing comprehensive and personalized legal services to the people and businesses it represents. Whether it’s a life, liability, home or other insurance policy, we will fight tirelessly to ensure that our clients get the recovery they deserve.
When you buy an insurance policy, you do so in order to have the peace of mind that comes with knowing that you’ll be covered in the event you are sued or in the event of the death of a loved one damage to your premises, or potentially a wide range of other occurrences. Unfortunately, that isn’t always the case. Insurers often employ a wide range of strategies – including some that border on the verge of fraud – in order to limit payouts or even avoid them altogether.
Suing an Insurer
In New York, there are two types of legal claims often used to make reluctant insurance companies keep up their end of the bargain: breach of contract and bad faith. An insurance policy is a contract. The policy holder agrees to pay premiums and the insurer agrees to cover the policy holder if certain events unfold, from a death to the destruction of property. If the event does occur and the insurer refuses to pay, it may be liable for breach of contract. The same holds true if a lawsuit is commenced against you and the insurer refuses to provide coverage.
It’s important to keep in mind that insurers are likely to raise a number of defenses when sued, each of which is designed to argue that it shouldn’t be required to pay out the particular claim. These defenses include that:
- The insured made a factual misrepresentation or omitted certain information on the insurance application
- The policy lapsed due to a missed premium payment
- The cause of death is disputed (in life insurance cases)
On the other hand, the law provides insured persons with at least some protection against these arguments. New York life insurance policies, for example, include a two-year incontestability clause under which an insurer can’t rescind a policy for application misrepresentations or omissions after two years from the date of the application. Meanwhile, the owner of a life insurance policy typically has a grace period to make premium payments and reinstate a policy that has lapsed due to non-payment.
How We Can Help
Long Island insurance attorney James J. Corbett has been fighting insurance companies on behalf of individual and business clients since 1997. We understand their tactics and strategies, we know how to negotiate with them, and we have had significant success recovering the money owed to our clients both in and out of the courtroom. Our Long Island law firm offers free consultations from our office in Uniondale and New York City. We are also proud to serve clients across metro New York, including in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Call 516-679-9494 or contact us online to make an appointment.