November 4, 2013 by Domnitz & Domnitz, S.C.

Good News for Those Seeking Insurance Claims in Milwaukee

Wisconsin consumers can question denied insurance claims

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Monday, November 4, 2013.

After filing a legitimate claim with an insurance company, many Wisconsin residents are shocked when this claim is denied. Their feelings typically range from confusion to betrayal when trying to figure out why their insurance company — the same company that once promised top-of-the-line service — is now denying their claim and making life more difficult.

But there’s good news for those seeking insurance claims in Milwaukee: In these situations, when an insurance claim has been denied in bad faith, a Wisconsin resident should know there are options. While the company may act like the denial is an open and shut case, the truth is everyone has the right to dispute a denied claim.

In looking at the overall issue, insurance companies are large corporations. Like any large corporation, money is not made by paying out large claims. This is why some companies will try and get out of having to pay a claim by employing questionable tactics.

These tactics can really range, from delaying or stalling in the hopes the consumer will just give in and accept the company’s unfair terms, to underpaying a claim with the hopes the consumer will just be happy with at least getting something and will give up on their original claim.

In other cases, the insurance company may ask for an unreasonable — or even unattainable — amount of documentation, or agent errors may be discovered that invalidate the policy.

Whatever the tactics used to try and delay or deny a claim though, keep in mind those holding the policy do have rights. And while many insurance companies may rely on believing consumers do not even know about their rights, the simple act of hiring a Milwaukee personal injury attorney may make the insurance company think twice about the denied claim.

September 13, 2013 by Domnitz & Domnitz, S.C.

Inspiration for Insurance Claims Seekers in Milwaukee

Insurance company pays out after damage claim denial

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Tuesday, September 17, 2013.

Homeowner’s insurance is one more expense to being a homeowner. Depending on a person’s home — and their valuables inside — a Milwaukee resident can find themselves paying hundreds or thousands of dollars per year in order to insure their property. But, while this may be rather expensive, most just pay what is owed and take comfort in knowing the money would be there if it was ever needed.

This is why it was particularly devastating for one family who learned the insurance money was not there when they needed it.

According to the family, a plumbing leak ruined their home’s wood floors and cabinets. The water also caused black mold to grow along the walls of their home. But, even though in theory their insurance would cover the damage, their water damage and mold claim was denied. This put the family in a tough spot as fixing the damage would cost thousands of dollars.

When looking into why the company would not pay up, one of the homeowners found out there was no insurance. Even though their lender was collecting insurance escrow payments, the lender was not distributing those payments.

But here’s where there is inspiration for insurance claims seekers in Milwaukee: Luckily for this family, they found a solution in talking to the local news station about their issue. Action 9 ended up taking on their case and led the homeowner to an insurance adjuster. In the end, the family was able to settle with the financial services company collecting their insurance payments and the insurance company.

Due to nondisclosure rules the family cannot talk about the terms of the agreement, but it is known funds were given to fix the damage.

For families living in the Milwaukee area, when a legitimate claim is denied, one should know there may still be options. This is where a Milwaukee personal injury attorney with experience handling insurance dispute resolution and litigation should step in. In some cases, even just the simple act of hiring an attorney may be enough of a reason for an insurance company to pay out.

Source: wftv.com, “Action 9 helps family fight insurance denial,” Sept. 6, 2013

August 20, 2013 by Domnitz & Domnitz, S.C.

Proof That Milwaukee Insurance Consumers Need Legal Protection

Complaint filed after insurance company denied claim

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Tuesday, August 20, 2013.

While many insurance companies will claim to be only interested in their clients, some Milwaukee residents learn there is a whole other side to insurance companies once they file a claim. This is due to the fact that above all, many are still large corporations who are most interested in shareholders and owners. This creates a conflict as paying out large sums of money is not really in the best interests of the shareholders and owners. In turn, claims may be denied for a number of questionable reasons.

Take for example the recent complaint a 92-year-old Holocaust survivor filed against her insurance company. She filed this complaint after the company denied her claim without ever even sending an adjuster to her home.

According to her lawsuit, she filed a claim with her insurance company after she discovered her caregivers had stolen a number of her belongings. She claims a number of items have gone missing, including her wedding ring, a pair of prosthetic legs, hearing aids, original paintings and rare books.

The 92-year-old claims she discovered her belongings were missing after she asked a caregiver to bring her some pieces of flatware and silverware and noticed most of the pieces to her collection were missing.

The 92-year-old ended up submitting a $145,000 claim with her insurance company.

In May she was sent a denial letter. This letter claimed an investigation could not prove any thefts occurred. However, the 92-year-old claims an adjuster never even came to her home.

At this point, the 92-year-old has simply filed a complaint against the company. However, her complaint may be similar to others in Wisconsin.

In cases where there is reason to believe an insurance company acted in bad faith and has denied a claim that should have been approved, there may be grounds to file a complaint. This is where a Milwaukee personal injury attorney with experience handling insurance disputes can step in to investigate the facts of the case.

Source: UPI.com, “Holocaust survivor denied home insurance claim,” Aug. 15, 2013

April 4, 2013 by Domnitz & Domnitz, S.C.

How to Avoid a Car Accident in Milwaukee

Do you know where you are at high risk for a crash in Milwaukee?

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Thursday, April 4, 2013.

Ever wonder where you are most at risk for a car crash in Milwaukee County? According to an analysis conducted by the Journal Sentinel, the most crashes tend to occur when a driver is coming or leaving local malls. The intersections surrounding Mayfair, Bayshore and Southridge malls rank as the top three crash risk zones during the years 2007-2011.

More signage and traffic signals have been implemented at the intersections surrounding these malls to decrease the crash risk. While these traffic safety efforts have helped, the high volume of cars constantly flowing in and out of the malls means that an elevated crash rate is almost inevitable. So does this mean that everyone living in Milwaukee County should boycott the malls?

Certainly not, most of these crashes occur at low speeds. Therefore these accidents are rarely considered anything more than minor. In fact, at all of the crash-prone intersections surrounding the malls, there was not a single fatality in the years that were examined.

However, any car accident can be a real headache to deal with. Similarly, even if a car accident at a low speed does not result in catastrophic injuries, it can still result in whiplash, or other disruptive neck or back injuries. Insurance companies will often try to minimize these claims, at times even accusing a victim of making the pain up. Such behavior is entirely unfair.

If an individual is the victim of a car accident in Milwaukee County that was not catastrophic but still resulted in injuries, that victim would still do well to speak to an experienced legal attorney that will be able to challenge insurance companies looking to minimize a victim’s legitimate claim.

Source: Milwaukee-Wisconsin Journal Sentinel, “Intersection near malls, Hwy. 100 top Milwaukee county crash sites,” Lydia Mulvany, March 30, 2013

Our firm has experience handling car accident cases of a similar nature. For more information or to schedule a consultation, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

February 25, 2013 by Domnitz & Domnitz, S.C.

Attention Milwaukee Insurance Claim Seekers

Have you had your claim denied by your insurance company?

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Monday, February 25, 2013.

Even minor motor vehicle accidents in Milwaukee or elsewhere in Wisconsin can be a headache for victims. Accordingly, most drivers across the state avoid distracted driving when behind the wheel in order to mitigate the risk of a crash. However, there are several variables for which most drivers cannot do anything to combat no matter how safe of a driver they are.

For example, drivers in Wisconsin can do little to protect themselves from inclement weather, road debris, deer, and other distracted or negligent drivers. Wearing a seatbelt can increase a driver’s safety if they are confronted with one of these variables, but beyond that, most drivers are trusting that their insurance policy will assist in covering the damages to a vehicle and the individual in the event that a car accident does occur.

However, some individuals may not necessarily understand what their policy covers. There are all kinds of insurance policies available: comprehensive coverage, collision coverage, property damage liability coverage, it is enough to make anyone’s head spin.

At times, an insurance company will act in bad faith following a motor vehicle accident in Wisconsin. When an individual pays for insurance coverage, the insurance company has entered into a legally binding contract in which they must pay the due benefits an individual is owed following an accident. Unfortunately, insurance carriers have been known to deny claims without a reasonable basis, which is illegal.

Many individuals in Milwaukee do not realize that they are able to dispute a denial in order to seek recovery. An experienced insurance dispute attorney can assist an individual that has been victimized by an insurance company under similar circumstances. In the case of many accidents in Wisconsin, when an insurance policy has been purchased and the premiums have been paid, an individual is entitled to their due benefits under that policy.

Source: The Boston Globe, “Does your auto insurance cover that damage?” Michelle Singletary, Feb. 17, 2013

If you think you have a Milwaukee insurance claim that has been unfairly denied, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

December 19, 2012 by Domnitz & Domnitz, S.C.

Denied Insurance Coverage in Milwaukee? It May Not Be Over.

Man denied insurance coverage pursues bad faith claim

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Wednesday, December 19, 2012.

Without insurance, a person is vulnerable to financial ruin in the face of a serious accident. It is for this reason that individuals across Wisconsin purchase such insurance and pay premiums. This action means that there is a legally binding contract between the insurance company and the insured individual that, in the event of unforeseen circumstances, the insurance company compensates the loss according to the terms of the policy.

In some situations, that compensation could be steep, prodding an insurance company to deny a claim. An out-of-state man that was facing litigation was denied coverage following a lawsuit against him. A judge already ruled in indication that the insurance company was out of line, therefore the man is pursuing a bad faith claim.

Successful bad faith claims can see large awards because courts look to ensure that insurance companies are not tempted to deny claims in an effort to later only pay out a small award resulting from a bad faith claim instead. Further, similar scenarios are breeches of contract that negate the reason an individual pays for insurance coverage.

This can in some instances happen after an individual has been in a serious car accident in Wisconsin, or when a family member has been killed in a serious accident. Insurance companies may engage in illegal activity in an effort to coerce an individual into settling for less than they could be entitled to under their coverage. In these scenarios as well, an insurer could be failing to meet their financial obligations and could consequently be held liable in a court of law.

Source: WTSP 10 News, “Kevin White sues county’s insurance company for bad faith,” Mike Deeson, Dec. 18, 2012 (source removed)

Our firm has experience handling similar situations in Wisconsin. For more information, please refer to our Milwaukee bad faith insurance claims page. Or, for a free consultation, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

June 23, 2011 by Domnitz & Domnitz, S.C.

Update on Wisconsin Teen Motorcycle Accident

Two lawsuits filed for 2010 crash that killed motorcyclist

On behalf of Milwaukee personal injury attorney Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Thursday, June 23, 2011.

A motorcycle/car collision last year left one young man dead and a driver injured. Now, representatives for both have filed lawsuits relating to the crash. The disputes include the motorists’ insurance companies.

The 17-year-old motorcyclist reportedly collided with a car driven by an 18-year-old man on U.S. Highway 45 near Jacob Avenue in Oshkosh in June 2010. The motorcyclist died several days later after apparently amassing significant medical expenses.

After the car and motorcycle collided, the car apparently was sent into a tree, causing injuries to the driver, including a broken jaw, facial lacerations and broken teeth.

The families of both men have filed lawsuits. The motorcyclist’s father has sued the driver of the car and his insurance company, Auto-Owners Insurance Company. In the wrongful death lawsuit, he is reportedly seeking medical and funeral expenses, plus the loss of companionship of his son. According to the the Northwestern, the motorcyclist’s medical expenses totaled over $146,000.

The driver of the car filed his own lawsuit against the motorcyclist’s insurer, American Family Mutual Insurance Company. His personal injury lawsuit asks for damages relating to expenses and pain and suffering, according to reports.

Court dates for the lawsuits have not been set yet.

There were no criminal charges or any citations filed after the accident. The Northwestern indicates both motorists were going over the speed limit of 45 m.p.h. The State Patrol reportedly reconstructed the accident before deciding not to file any charges. Authorities reported that alcohol was not a factor in the accident.

Source: The Northwestern, “No criminal charges in June 2010 motorcycle crash killing Oshkosh teen, but two civil lawsuits filed,” Jennifer K. Woldt, 22 June 2011

If you or your family needs legal representation following an accident, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

March 25, 2011 by Domnitz & Domnitz, S.C.

Milwaukee Insurance Dispute Lawyer Shares Big News

Northwestern Mutual Insurance: Bad faith with annuity payments

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Friday, March 25, 2011.

A judge in Racine has ruled that Milwaukee-based Northwestern Mutual Life Insurance Co. was guilty of bad faith, breach of fiduciary duty and breach of contract when it unilaterally changed how customers’ dividends would be paid on annuities it sold before 1985. According to the ruling, the insurance company switched the investment of the annuities into short-term bonds, and gave the customers interest payments on those bonds instead of annuity dividends, costing them hundreds of thousands of dollars.

The ruling by Reserve Judge Dennis Flynn comes as a result of a class-action lawsuit brought against the insurance company by about 3,600 Wisconsin customers who bought annuities from Northwestern Mutual before 1985. The lawsuit claimed that their annuity contracts required Northwestern Mutual to pay dividends from its general portfolio. Instead, the insurer called the payments dividends when they were actually interest payments on the bonds.

The full amount owed to the class of plaintiffs has yet to be determined. It will be based on a calculation of the difference between the dividends paid to other policy holders and what was paid to the class of annuity holders. The lawyer representing the plaintiffs estimates that Northwestern Mutual will end up owing the class of plaintiffs an amount “in the significant nine figures.”

The insurance company plans to appeal the ruling, according to Northwestern Mutual spokesperson Jean Towell. The plaintiffs’ lawyer told reporters that he plans to move forward immediately with an action to recover the payments that were denied in bad faith and in breach of the company’s duty to its customers.

Source: Insurance & Financial Advisor, “Court: Insurer disregards fiduciary, good faith duties in annuities,” Jaime L. Brockway, March 25, 2011

Do you need legal help from a Milwaukee personal injury attorney for a bad faith claim? Contact Domnitz & Domnitz, S.C. today.

January 8, 2010 by Domnitz & Domnitz, S.C.

Attorneys Advise Milwaukee Clients About Health Care Insurers’ Right to Reimbursement

On behalf of Milwaukee personal injury attorney Merrick Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Friday, January 8, 2010.

If you or a loved one has been injured in an automobile accident, or another type of personal injury accident, and your medical bills have been paid by a health insurance company, that insurer may have a right to be reimbursed when you collect money from an at-fault party. The same may be true of payments made under the medical payments provision of your own automobile policy.

What is important for you to know is that those rights of reimbursement (commonly called subrogation rights) vary from situation to situation depending on the specific language of your policy, whether it is a group or individual policy, and the extent to which you are being compensated for your injuries. Often times thousands of dollars are at issue and only a law firm experienced in the reading and correct interpretation of the specific language in your policy can help protect your rights in this regard.

At Domnitz & Skemp, we have years of experience in helping people obtain fair treatment not only from the liability insurers of the at fault party, but also from their own health insurers.

Although the common law of Wisconsin is favorable to injured persons regarding their obligation to reimburse subrogated insurers by requiring that the injured person be made whole (i.e., be fully compensated for their injuries and related damages) before the insurer is reimbursed, there is a federal law that governs policies that come under the ERISA law. ERISA policies most often are those which provide coverage through an employee benefit program. The rights of an insurer who pays medical expenses pursuant to a policy governed by the ERISA law are much stronger and negotiating reductions in reimbursements are much more difficult.

Attorneys advise Milwaukee clients on many topics that impact them. Since car accidents and other personal injury accidents often create financial hardships for the victims in many cases, it is extremely important that these matters of reimbursement rights be handled carefully and correctly in order to avoid further financial and emotional stress to the injured party.

If you or a loved one has been injured in an automobile accident or another type of personal injury accident, contact a Milwaukee personal injury attorney with Domnitz & Skemp by phone (414-395-5832) or by going to our website (www.Domnitzlaw.com) and emailing us so that we can fully protect your rights.