Insurance Law and Insurance Defense
With the recent storms in Connecticut this year, you may have experienced a loss that necessitates filing a claim with your insurance carrier. You may have questions about how to utilize your insurance coverage, how soon you need to file your claim, how to document your loss, whether or not you have a choice in who does your repairs, or what to do if your claim is denied. These questions, as well as questions over what losses are covered and what compensation you are entitled to, are very common. Our attorneys possess the knowledge and experience to answer these questions for you and to guide you step by step through the claims process.
As a policyholder, you naturally expect your insurance provider to cover your claims. Often, however, claims made by policyholders are challenged or denied. Trendowski & Allen handles insurance coverage disputes representing policyholders throughout Connecticut and Rhode Island, and we are ready to answer your questions and help you make your claim. If there is a coverage dispute, we will advocate on your behalf to ensure that you receive the coverage you are paying for. Below are some frequently asked questions and answers that may be helpful to you.
My Insurance Claim Was Denied, What Do I Do?
There are many reasons why your insurance claim may be denied. The claim may have been denied because the insurance adjuster needs additional information or documentation before he or she can pay your claim. There may be an issue as to whether the loss you are seeking compensation for is covered under the insurance policy. The adjuster may not feel that the loss you are citing caused the injury or property loss you are seeking compensation for. In many cases, you may be able to work with the adjuster to resolve the issue and obtain compensation. In some circumstances, you may need to turn to the court system for help in obtaining the compensation you are entitled to.
How Long Do I have to File A Claim?
There are many issues that may affect the time limit you have to bring a claim In some circumstances, there are requirements that you file a formal notice of claim by specific deadlines in order to preserve your right to file a claim. Below is a short list of some of the most common deadlines for filing claims in Connecticut and Rhode Island.
1. In general, civil claims in Connecticut and Rhode Island are limited to being filed within three (3) years of the claimed loss, Connecticut General Statute, 52-577; R.I. Gen. Laws Sec. 9-1-14 respectively.
2. In Connecticut, claims against a medical provider must be brought within two (2) years of the date when the injury is first known or discovered, Connecticut General Statute, 52-584. In Rhode Island, any medical malpractice action for either personal injury or wrongful death must be brought within three (3) years of the date of the incident, the date of death, or the date when the claimant knew or should have known of the wrongful act, with a three-year statute of limitations. R.I. Gen. Laws Sections 9-1-14.1 and 10-7-2 (1997).
3. The time for filing a claim under a contract depends on the type of contract that is the basis of the claim as follows:
a. In Connecticut, claims under oral contracts must be brought within three years, Connecticut General Statute, 52-581; in Rhode Island actions for words spoken shall be commenced and sued within one year next after the words are spoken, R.I. Gen. Laws Sec. 9-1-13 and Sec. 9-1-14.
b. Claims under written contracts in Connecticut must be brought within six years, Connecticut General Statute, 52-576; in Rhode Island within 10 years, R.I. Gen. Laws Sec. 9-1-13(a).
c. In Rhode Island, claims under contracts under seal shall be commenced and sued within 20 years, R.I. Gen. Laws Sec. 9-1-17.
4. A claim for wrongful death in Connecticut must be brought within two years of the date of death, but must also be brought within five years of the claimed cause of the death, Connecticut General Statute, 52-555. In Rhode Island, a claim for wrongful death must be brought within three years after the death of the person. With respect to any death caused by any wrongful act, neglect or default which is not known at the time of death, the action shall be commenced within three years of the time that the wrongful act, neglect or default is discovered, or, in the exercise of reasonable diligence, should have been discovered. R.I.Gen. Laws Sec. 10-7-2.
5. In Connecticut, a claim for personal injuries or injuries to personal or real property must be brought within two years of injury, Connecticut General Statute 52-584. In Rhode Island, a claim for injuries to the person shall be commenced and sued within three years next after the cause of action shall accrue, R.I. Gen. Laws Sec. 9-1-14(b); claims for property damage must be brought within 10 years of the damage, R.I. Gen. Laws Sec. 9-1-13(a).
How Do I Know if my Loss is Covered by Insurance?
The short answer is that you need to carefully review the specific language of your insurance contract. Issues generally arise when there are two different factual scenarios that may be the cause of the loss and only one of them is covered under the policy. This issue was covered in the media a lot in the wake of Hurricane Katrina. Residents of the Gulf Coast were arguing that their damage was caused by the wind of the storm, and not the water. Their insurance contracts provided coverage for wind damage and not flood damage. Another example is when the insurance adjuster is taking the position that all or part of your claimed physical injury was caused by a condition unrelated to the incident you are claiming. In these situations, the burden is on you as the claimant to prove that your loss is in fact covered. Our attorneys are experienced in handling and litigating these matters and are available to assist you.
Our insurance litigation experience includes a broad spectrum of insurance defense areas, including General Liability (CGL), Coverage Issues, Fire Loss, Automobile Liability, Bad Faith Claims, Casualty Insurance law, Declaratory Judgments, Homeowners Liability, Liquor Liability, Negligence, Premises Liability, Primary and Excess Insurance, Personal and Commercial Vehicle Liability, Property and Casualty, Self-Insured Defense, Subrogation, Tort Litigation, and Uninsured and Under-insured Motorist Coverage issues and Litigation.
We invite you to contact us for a complimentary consultation.
As a policyholder, you naturally expect your insurance provider to cover your claims. Often, however, claims made by policyholders are challenged or denied. Trendowski & Allen handles insurance coverage disputes representing policyholders throughout Connecticut and Rhode Island, and we are ready to answer your questions and help you make your claim. If there is a coverage dispute, we will advocate on your behalf to ensure that you receive the coverage you are paying for. Below are some frequently asked questions and answers that may be helpful to you.
My Insurance Claim Was Denied, What Do I Do?
There are many reasons why your insurance claim may be denied. The claim may have been denied because the insurance adjuster needs additional information or documentation before he or she can pay your claim. There may be an issue as to whether the loss you are seeking compensation for is covered under the insurance policy. The adjuster may not feel that the loss you are citing caused the injury or property loss you are seeking compensation for. In many cases, you may be able to work with the adjuster to resolve the issue and obtain compensation. In some circumstances, you may need to turn to the court system for help in obtaining the compensation you are entitled to.
How Long Do I have to File A Claim?
There are many issues that may affect the time limit you have to bring a claim In some circumstances, there are requirements that you file a formal notice of claim by specific deadlines in order to preserve your right to file a claim. Below is a short list of some of the most common deadlines for filing claims in Connecticut and Rhode Island.
1. In general, civil claims in Connecticut and Rhode Island are limited to being filed within three (3) years of the claimed loss, Connecticut General Statute, 52-577; R.I. Gen. Laws Sec. 9-1-14 respectively.
2. In Connecticut, claims against a medical provider must be brought within two (2) years of the date when the injury is first known or discovered, Connecticut General Statute, 52-584. In Rhode Island, any medical malpractice action for either personal injury or wrongful death must be brought within three (3) years of the date of the incident, the date of death, or the date when the claimant knew or should have known of the wrongful act, with a three-year statute of limitations. R.I. Gen. Laws Sections 9-1-14.1 and 10-7-2 (1997).
3. The time for filing a claim under a contract depends on the type of contract that is the basis of the claim as follows:
a. In Connecticut, claims under oral contracts must be brought within three years, Connecticut General Statute, 52-581; in Rhode Island actions for words spoken shall be commenced and sued within one year next after the words are spoken, R.I. Gen. Laws Sec. 9-1-13 and Sec. 9-1-14.
b. Claims under written contracts in Connecticut must be brought within six years, Connecticut General Statute, 52-576; in Rhode Island within 10 years, R.I. Gen. Laws Sec. 9-1-13(a).
c. In Rhode Island, claims under contracts under seal shall be commenced and sued within 20 years, R.I. Gen. Laws Sec. 9-1-17.
4. A claim for wrongful death in Connecticut must be brought within two years of the date of death, but must also be brought within five years of the claimed cause of the death, Connecticut General Statute, 52-555. In Rhode Island, a claim for wrongful death must be brought within three years after the death of the person. With respect to any death caused by any wrongful act, neglect or default which is not known at the time of death, the action shall be commenced within three years of the time that the wrongful act, neglect or default is discovered, or, in the exercise of reasonable diligence, should have been discovered. R.I.Gen. Laws Sec. 10-7-2.
5. In Connecticut, a claim for personal injuries or injuries to personal or real property must be brought within two years of injury, Connecticut General Statute 52-584. In Rhode Island, a claim for injuries to the person shall be commenced and sued within three years next after the cause of action shall accrue, R.I. Gen. Laws Sec. 9-1-14(b); claims for property damage must be brought within 10 years of the damage, R.I. Gen. Laws Sec. 9-1-13(a).
How Do I Know if my Loss is Covered by Insurance?
The short answer is that you need to carefully review the specific language of your insurance contract. Issues generally arise when there are two different factual scenarios that may be the cause of the loss and only one of them is covered under the policy. This issue was covered in the media a lot in the wake of Hurricane Katrina. Residents of the Gulf Coast were arguing that their damage was caused by the wind of the storm, and not the water. Their insurance contracts provided coverage for wind damage and not flood damage. Another example is when the insurance adjuster is taking the position that all or part of your claimed physical injury was caused by a condition unrelated to the incident you are claiming. In these situations, the burden is on you as the claimant to prove that your loss is in fact covered. Our attorneys are experienced in handling and litigating these matters and are available to assist you.
Our insurance litigation experience includes a broad spectrum of insurance defense areas, including General Liability (CGL), Coverage Issues, Fire Loss, Automobile Liability, Bad Faith Claims, Casualty Insurance law, Declaratory Judgments, Homeowners Liability, Liquor Liability, Negligence, Premises Liability, Primary and Excess Insurance, Personal and Commercial Vehicle Liability, Property and Casualty, Self-Insured Defense, Subrogation, Tort Litigation, and Uninsured and Under-insured Motorist Coverage issues and Litigation.
We invite you to contact us for a complimentary consultation.
Spencer's Corner, 90 Main Street, Suite 201, Centerbrook, CT 06409
Tel 860.767.9044
Fax 860-767-0031