Vermont Insurance Coverage Disputes
Was your insurance claim denied? At Rexford & Kilmartin, we are highly experienced in insurance coverage and appropriate payment issues because we have represented both policyholders and insurers over the last 30 years. As experienced insurance claims and coverage attorneys, we can help you understand and apply the provisions of your insurance policies, and obtain advancement of your rights and the compensation that is due you under your insurance policy.
Call 802-323-1390 or contact us by e-mail to schedule an initial consultation or case evaluation regarding an insurance coverage or payment dispute.
Today, many people and small businesses have several insurance policies, among which are: fire and homeowners' policies; life insurance policies; medical insurance policies; long-term care policies; personal liability policies; tenants' policies; automobile policies; and uninsured/underinsured motor vehicle coverages.
Fire and homeowners' insurance claims
In the loss of your home by fire, water or wind, you may often encounter an insurance company that claims "no coverage", or from your perspective, tries to pay you less than what you believe you deserve. On other occasions, if your home was totally destroyed, questions often arise about the difference between actual cash value (ACV) and replacement cost. If your home was totally destroyed, questions may arise regarding who gets paid when, and whether you can rebuilt your home and keep your mortgage intact. Not knowing how to apply these terms may cause you to get less than what you deserve.
Uninsured/underinsured motorist coverages
In motor vehicle accident cases, many people are unaware of their uninsured/underinsurance coverages. Typically, those coverages match your primary liability insurance coverage. For example, if you carry a $100,000 automobile policy, you will typically have $100,000 of uninsured motorist coverage which can be used to compensate you for your injuries when the at-fault driver is either "hit and run," has no insurance, or has insurance less than the amount of your uninsured motorist coverage. Often, our clients regret that they did not have higher coverages on their automobile policies.
Subrogation
Another concept that policyholders have difficulty with is "subrogation," which means that when an insurer pays you and another party is at fault for your injury or damage, the insurer may have a right to go after the responsible party to collect the money they have given you, or have you repay the insurer from your settlement for the money which they have already paid you. Today, most health insurance policies have a "subrogation" clause, which allows them to recover from you the medical payments which they have made on your behalf, from a settlement that you achieve against the responsible party. They may also have the right to go after the responsible party themselves. Often clients are initially confused by the concept of subrogation, but they do understand that the law does not favor "double recoveries."
Protecting your rights under an insurance policy
For most people, the fine print of insurance policies boggles their minds. We, however, are skilled and experienced at determining what the language of your insurance policy means and applying it to the particular facts of your case.
Attorney Kilmartin is often fond in saying in regard to issues involving insurance policy language:
"While most folks enjoy reading the Sears catalog, some attorneys find equal enjoyment in reading the fine print of insurance policies. I am one of those attorneys."
Having worked on both sides of the issue, Mr. Kilmartin understands the insurance business, insurance claims techniques, and knows how to effectively pursue claims on behalf of policyholders. With extensive experience as both a plaintiffs' attorney and insurance defense counsel, Mr. Kilmartin knows how to advance and protect your rights and recover the full benefits you are entitled to under your policy.
Contact Rexford & Kilmartin by e-mail or call us directly at 802-323-1390 to schedule an initial consultation with an experienced Newport, Vermont personal injury lawyer.
Free in-office initial consultation for contingency cases · No fee in contingent fee cases unless we recover · Evening and weekend availability by appointment · Home, hospital, nursing home, and assisted living visits upon request