At Murphy Battista LLP, much of our work involves claims against insurance companies. In motor vehicle accident cases, we present fully documented claims to ICBC and will go to court whenever necessary to protect the value of our client’s claim. In medical negligence cases, the doctors are typically covered under liability insurance and represented by counsel for the Canadian Medical Protective Association (CMPA).
When the object is to get the benefit of a negligent party’s insurance coverage, lawyers refer to the actions as third-party insurance litigation. Similar problems arise with insurance companies when the insured seeks coverage for a loss protected under the policy, only to find that the insurer denies coverage or disputes the loss. These cases are known as first-party claims and often involve litigation between a property owner, a business owner or a life insurance beneficiary against the insurer that issued the policy.
Although first-party and third-party insurance claims often present similar evidentiary problems in terms of documenting the details of the loss and related injuries, the legal issues and procedures are very different. Murphy Battista is one of the few law firms in B.C. with an established reputation for success in both kinds of actions. Contact us for a free consultation about your most effective options for resolving a dispute with your insurer.
We act for individuals, families and businesses across the spectrum of first-party insurance disputes and casualty loss claims including:
The issues and tactics necessary to resolve a claim vary a great deal between different kinds of casualty losses and can vary considerably from one case to another.
Your legal team must be prepared to establish your contractual right to coverage under the terms of the insurance policy, show that exclusions or conditions do not apply to your claim, and document your losses in detail up to the policy coverage limits. Murphy Battista’s experience with overcoming these challenges in first-party insurance disputes can give you a significant advantage.
In disability insurance claims, the goal is to establish a right to benefits based on an inability to resume work after an accident, major surgery, illness or chronic medical condition. Our decades of experience with medical negligence and personal injury litigation add substantial value to our understanding of insurance law and practice when it comes to disability claims.
Find out more about our law firm’s ability to protect your interests on a claim covered under your own insurance. Contact Murphy Battista for a free consultation.