Law Offices of Joseph R. Kafka

1541 The Alameda San Jose CA 95126-2311 U.S.A. View Map

Insurance Litigation

Insurance litigation involves the representation of a party carrying insurance; however, the insurance company disputes that coverage existed under the policy for a particular problem. You, the policyholder, expect coverage from your insurance company. The insurer refuses to cover you, thus an issue over first party coverage exists.

An insurer has a duty to act in good faith when addressing a policyholder's claim. An insurer acting unreasonably or in bad faith by denying coverage may be liable to an insured for damages as a result of its actions. The damages to the policyholder may consist of the benefits available under the policy, emotional distress, attorney's fees and punitive damages.

I have handled insurance coverage "bad faith" disputes for the policyholder or insured in the following circumstances: 

    - coverage for a lawsuit by a customer claiming ADA disability discrimination 

    - coverage for med-pay benefits under an automobile policy 

    - coverage for vandalism under a commercial building policy 

    - coverage for a lawsuit by a tenant claiming wrongful eviction against a LL 

    - coverage for dental bills under an individual health insurance policy when teeth were damaged in a fall

Areas of Practice

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Office Hours

Monday09:00 AM - 05:00 PMTuesday09:00 AM - 05:00 PMWednesday09:00 AM - 05:00 PMThursday09:00 AM - 05:00 PMFriday09:00 AM - 05:00 PM

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