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Insurance Claims… Do you have one?

Representing You in Insurance Claims

Brown and Charbonneau, LLP lawyers successfully represent both policyholders and insurance companies with insurance coverage claims.  The types of insurance claims we can help with include:

  • Auto Insurance
  • Commercial Insurance
  • Errors & Omissions (E&O) Insurance
  • Life Insurance
  • Disability Insurance
  • Business Insurance
  • Professional Liability Insurance
  • Officer & Director Insurance
  • Employment Practices Liability
  • Property Insurance
  • Homeowner Insurance

Our Representation of Policy Holders

We represent policyholders in order to obtain proper coverage for a claim even when insurance companies wrongfully or unreasonably deny claims.  Often times, insurance companies deny claims in “bad faith.”  An experienced attorney can identify these instances and help you succeed in obtaining the right reimbursement.

Our Representation of Insurance Companies

Brown and Charbonneau, LLP lawyers represent insurance companies in a variety of capacities.  We help perform coverage analysis, assist in the investigation of claims, and defend against breach of contract and bad faith claims.

What is Subrogation?

Subrogation is a legal process an insurance company uses to recover money from a third party who causes a loss.   The insurance company generally attempts to recover any amount it paid to their insureds after a loss.

In a personal injury lawsuit, the subrogation payment will come out of the compensatory damages the other party’s insurance company will pay.

Subrogation is common in most types of insurance, including:

  1. Auto insurance
  2. Health insurance
  3. Property insurance
  4. Workers’ compensation insurance

What are the elements of subrogation?

Under California law, the elements of an insurance company’s cause of action for subrogation are:

(a) the insurance company suffered a loss for which the defendant is liable;

(b) the claimed loss was one for which the insurance company was not primarily liable;

(c) the insurance company has compensated the accident victim in whole or in part for the same loss for which the defendant is primarily responsible;

(d) the insurance company has paid the claim of its policyholder to protect its own interest and not voluntarily;

(e) the insurance company has an existing cause of action against the defendant which the accident victim could have asserted for its own benefit had it not been compensated for its loss by the insurance company;

(f) the insurance company has paid money caused by the liability of the defendant;

(g) justice requires that the loss be shifted from the insurance company to the defendant; and

(h) the insurance company’s damages can be calculated, generally the amount paid to the accident victim.”

When Are Subrogation Claims Made?

In personal injury cases, subrogation claims are generally made by insurance providers after you receive a settlement or judgment.  If your insurance provider paid any medical expenses prior to your settlement, they may receive a portion of your settlement to cover their expenses they paid for your medical bills.  However, there are limits to what they can claim, and an experienced lawyer can help you reduce the amount an insurance company takes from your settlement.

How to Limit Insurance Companies from Taking your Settlement

Subrogation often occurs at the expense of the accident victim as it reduces the total amount of money they receive.  There are protections in place to prevent entire settlements from going to insurance companies. Contact Brown & Charbonneau, LLP today, by calling 714-406-4595 or contact us online to learn more about what we can do for you.