Archive for July, 2009

WHAT IS AN ESTATE PLAN AND WHY DO I NEED IT?

July 23, 2009

An estate plan is designed to conserve your assets and to develop a strategy for distributing your assets according to your wishes at your death.

The estate planning tools include wills, trusts, gifts, life insurance and joint ownership of property.

Without an estate plan, someone else will decide what happens to your assets. More likely than not, your assets will be distributed by the probate court according to your states laws regarding intestate succession.

The Law Offices of Lawrence H. Nemirow, PC is prepared to assist you with your estate planning questions and provide you with recommendations as to the estate plan that best meets with your needs.

Contact us by calling us at (562)799-1379, Emailing us at nemirow@aol.com. For more information regarding our practice, visit us at our website www.nemlawyer.com.

WHAT YOU CAN DO IF AN INSURER IMPROPERLY REFUSES TO PAY

July 22, 2009

You faithfully pay your premiums on time. Each year you renew your policy praying that you will never have to file a claim.

Then something awful happens that requires you to notify your insurance company of a covered loss that could cause  you to lose all of your hard earned assets. You rightfully expect the insurance company to honor the policy provisions and pay your losses or defend you in court.

Instead of paying right away, the insurance company refuses to pay, or delays in making payment. You may be forced to pay out of your pocket for legal fees and judgments that should have been paid by the insurer. Worst case is that you can be forced into bankruptcy or lose a substantial part of your assets.

Earlier in this century the only remedy against the insurance company was to file a breach of contract claim against the insurer. The insured, if the insured were to win, would be to receive only what the insurer promised to pay in the policy. The insurer was not responsible for punitive damages or liability for the insured’s emotional distress.

Today, the courts of California treat these unfair claim practices as a tort and give the insured the opportunity of recovering tort remedies against the insurer for breach of the implied covenant of good faith and fair dealing.

While most causes for breach of the covenant still lies in contracts, an exception can be made under contracts involving a “special relationship”, characterized by elements of public interest, adhesion, and fiduciary responsibility. The insurance contact contains all of these elements.

At the first sign that your insurer is improperly refusing to pay, or is delaying retaining an attorney  on your behalf, consult with an attorney who practices in insurance law. The faster you advise your insurer that you are willing to pursue your legal remedies, the faster your insurer will honor its obligations under the contract.

To contact me, you may email me at nemirow@aol.com, find me at www.nemlawyer.com, or call me at 562-799-1379, to discuss the particulars of your concerns or case.

Insurance Law Updates To Be Added To Blog

July 15, 2009

In addition to providing you with information on Estate Planning, Probate and Business Law, I will be providing timely information with regards to Insurance Law.

Welcome To My Legal Blog

July 14, 2009

Thank you for taking a look at my legal blog.  This is a very exciting opportunity for me to provide information to my clients and the general public.  I will be blogging on a variety of topics such as Estate Planning, Probate and Business Law.