Insurance Coverage Disputes

When you purchase insurance, you are entitled to be covered in the event that you present a claim for coverage or a claim is made against you. Insurance coverage disputes occur in many ways, such as where a business purchases general liability insurance, but when a claim is made against the business the insurance company denies coverage. Or the same business may purchase a commercial insurance policy to cover against property losses, and likewise when a claim is presented the insurer denies coverage.

Insurance coverage disputes also involve individuals, such as in the denial of coverage for medical benefits, automobile personal injury protection, or life insurance or disability benefits.

In resolving an insurance coverage claim, parties may file a lawsuit or sometimes demand arbitration. In either case, the question to be determined by the court or arbitrator is whether the claim presented falls within the categories of coverage defined in the policy. There are certain rules of insurance contract interpretation that apply, and each case will present unique facts that impact on the final outcome. Insurers also, under Hawaii law, are obliged to deal fairly with the insured, and failing to do so they may be liable for insurance bad faith.

At times parties may also have a claim for negligent procurement against the insurance agent who sold the insurance if the coverage is not what the purchasing party sought.

If you are involved in an insurance coverage dispute and would like to discuss your rights and options, please contact us for a free consultation so that we can determine the best way to help you obtain the insurance coverage which you are due.

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