The Philadelphia Insurance Defense Attorneys of
Brooks, Bradley & Kenney
The purpose of insurance coverage is to spread monetary risk from one individual to a larger pool. Insurance companies are businesses that collect, manage, and allocate money to those who have paid premiums and have thus become part of this collective, insured group. An insurance policy aims to put the policyholder in as good of an economic standing as they would have been before they suffered the insured loss.
However, insurance companies can often be sued for damages that are not legally binding and/or legally sound. These can include damages resulting from claim extortion, fraud and bad faith issues. The Philadelphia insurance defense attorneys of Brooks, Bradley & Kenney stand ready to vigorously defend clients against unfounded claims using all of the experience, staff and resources available. The litigation attorneys of the Firm have a great deal of experience in interpreting insurance policies and in rendering opinions on coverage, duty to defend, duty to indemnify and other insurance contract-related issues. Brooks, Bradley & Kenney are also very well versed in defending bad faith litigation and have a broad based practice area in policy interpretation on behalf of insurance carriers.
If you are an insurance company or a defendant who is being sued for insurance-related issues, contact the Philadelphia insurance defense lawyers of Brooks, Bradley & Kenney today. Brooks, Bradley & Kenney has extensive state and federal court practice experience and is capable tackling even the most complicated legal cases related to:
- First and Third Party Insurance Claims
- Bad Faith Litigation
- Commercial Insurance Litigation
- Insurance Malpractice
- Car Accident Cases
- Property
- Casualty
- Insurance Coverage Opinions
- Insurance Fraud Investigations
Types of Insurance:
There are many types of insurance policies. Virtually all of the main policy types may be split into sub-parts and variations. Basically, if a person or business has an insurable interest, there may be a policy that protects them.
- The main types of insurance include:
- Health insurance
- Life insurance
- Disability insurance
- Homeowner's insurance
- Automobile insurance, and
- Various types of policies intended to protect a business, including variations of commercial liability insurance
The Policy Agreement:
Insurance agreements vary widely. Some basic similarities among all policies include:
- All are legally binding contracts
- All have clauses that outline the duties and obligations of the parties to the agreement
- All define a "loss" under the policy
Subrogation:
Subrogation is a major topic in the defending of insurance company interests. It is generally defined as the means by which an insurer that has already paid for the loss of its insured may obtain recompense from a third party that is responsible for the loss. This defense is generally available under most legal insurance contracts and under equitable theories guided by notions of fairness and justice. An insurance company cannot subrogate against its own insured.
The Duty to Settle under a Liability Policy:
Most liability insurance contracts give the insurance company the discretion to settle a lawsuit against its insured. When an insurance company makes its decision to settle, it must give the interests of the insured at least equal consideration as that of its own interests. In most cases, an insurance company has the duty to settle a lawsuit within the limits set out in the policy when there is a great risk of recovery over policy limits, and/or settlement is the most reasonable manner of disposing of a case. Different jurisdictions have differing tests for whether this duty has been met.
If you or a loved one has suffered a personal injury due to the negligence of another, need business or real estate litigation advice, require the services of an experienced estate planning attorney, or have questions and want legal counsel on any of the information provided within, please contact the Philadelphia, Pennsylvania litigation attorneys of Brooks, Bradley & Kenney today, at (610) 565-4800, or use the contact form provided on this site to schedule your free consultation with an experienced and trusted Philadelphia civil litigation lawyer.
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