At GBG we help clients through contract formation and litigation, whether it’s business vs. business, or consumer vs. business. We take pride in drafting contracts with our clients’ specific needs, depending on the circumstances of the transaction and/or the parties involved.  When drafting contracts we take into account that there is a chance that the parties may not perform pursuant to the contract terms.  In light of that, we customize and implement terms that will protect our client in the event of a breach.

Personally injury law may not always be associated with contract law; but, the fact is that personal injury law can involve a great deal of contract law. The road to recovery in American personal injury cases is in substantial part through applicable of insurance policies that may provide coverage for the injury at issue.  An insurance policy is a contract. This requires, very often, the deconstruction and interpretation of the policy in question. Given that a large part of our practice at GBG is personal injury law, we utilize the same skills and knowledge from our personal injury practice to represent our clients in contract litigation cases. Many times this involves situations where the insurance company would prefer to interpret the policy language in a light more favorable to them rather than their insured (our client) so as to not pay out benefits owed to its insured under the policy.

This can be a simple Breach of Contract, or a type of conduct that falls within the realm of Bad Faith Insurance Litigation.  At GBG we have litigate Bad Faith actions on behalf of our Clients. This is where the insurance company acts unreasonably or unfairly towards its own insured. California law, under Insurance Code §790.03 (h), prohibits insurance companies from acting in bad faith towards their own insured, and such conduct is actionable. Some examples of bad faith include:

  • Delaying the investigation or payment of claims;
  • Misrepresenting pertinent facts or policy provisions;
  • Failing to affirm or deny coverage within a reasonable time after proof of loss requirements have been submitted;
  • Failing to fully and properly investigate a claim. Egan v. Mutual Omaha Ins. (1979) 24 Cal.3d 809, 817. Frommoethelydo v. Fire Insurance Exchange (1986) 42 Cal.3d 208, 214;
  • Not attempting in good faith to effectuate prompt, fair, and equitable settlements; and,
  • Compelling an insured to engage in litigation to recover benefits by offering substantially less than what is ultimately recovered.

These are only some of the ways an insurance company can engage in bad faith. These situations require a firm that has a solid understanding of both contract and personal injury law.  Call us today for a complimentary consultation.