Insurance Claims

In personal injury claims, the moving party may uncover the defendant does not have insurance coverage and economic motive to bring the claim may become disfavorable. Therefore, plaintiff's counsel should attempt to uncover the financial worth of the defendant as a component of investigation.

The first step is to contact the insurance carrier. In most personal injury claims, the defendant already provides the information of the insurance. A letter should be sent to the carrier in order to inform them of the potential claim. When contacting insurance companies, the plaintiff will attempt to gain the policy limits and coverage in order to determine the coverage available.

Instances may arise when the potential insurer is insolvent and insurance benefits are unavailable. If this arises the plaintiff must take steps to salvage the claim at hand. The California Insurance Guarantee Agency (CIGA) was created in order to provide insurance against the loss created by insolvency. CIGA spreads the risk across all insurance carriers in California and steps in after insolvency to perform some insurance obligations. The use of CIGA only arises to covered claims under Ins.C. §1063. Since CIGA is not the actual insurer, there is a minimum requirement of $100.000 and a maximum of $500,000. Insurance code §1063 states the association is required to pay and discharge covered claims to pay for or provide a loss adjustment of services and defenses for claimants. CIGA is to become a party to the claim and have the same rights as the insolvent insurer.

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