When the claim handler first becomes aware of a new UM/UIM claim, the first question to ask is whether the claim was filed in a timely manner. If not, and there is prejudice to the insurance carrier in not being able to investigate or adequately handle the claim, a disclaimer of coverage may be in order, and the claim may be ultimately dismissed. The claimant may argue as an excuse, that the nature or extent of claimant’s injuries were unknown, or that deterioration of the claimant’s medical condition took many months, and that is the reason why the notice was given long after the accident. The policy language and the law of the state of the accident or the policy in which the insurance policy was written must be analyzed to determine the best course of action for the claims handler. Local legal counsel should be immediately retained to advise and take any appropriate action to defend the claim.
The law firm of Lawrence, Worden, Rainis & Bard, P.C. is AV Preeminent Rated* and is currently listed in Best’s Directory of Recommended Insurance Attorneys and Adjusters. Lawyers at the firm have an average of nearly 20 years of experience handling insurance litigation. To discuss construction accident defense, call 631-694-0033 or contact the firm via email.
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*Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary.
Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.