May 18, 2018

Much has been written and opined about regarding the motivations of parties to lawsuits to press litigation or else to mediate a dispute.  After all, understanding these motivations is a key puzzle piece in mediating and settling a dispute.  However, when an insurance company is providing a defense for a party to the lawsuit, the motivations and policies of that carrier are suddenly very different, as they become a prime decisions maker in the dispute.

At Asheville Legal, we most often see insurance carriers paying the defense lawyers for defendant builders in construction defect lawsuits.  This is because commercial general liability policies typically require the carriers to provide such a defense if and when they are sued for neglige...

May 16, 2018

If you’re facing resistance from your insurance carrier on a property claim in North Carolina, you probably have a number of questions, including: How long is this going to take?  The answer will, of course, vary by case, but it could end up taking a long time, and it could be surprisingly costly.

The vast majority of real property insurance policies in North Carolina contain a provision for what is called “appraisal”.  An appraisal can be invoked when you and the insurer disagree regarding the value of a loss.  Note, however, that a disagreement over the value of a loss is not the same as determining whether or not a given loss is covered under the policy.

When appraisal is invoked, the insurer and insured each select an appraiser, and...

October 24, 2016

Have you ever struggled with your insurance carrier to obtain coverage for a loss that you felt should’ve clearly been covered?  Assessing insurance coverage is monumentally difficult and confusing–and this is even so for attorneys who regularly study and practice insurance law!  As a result, the average layperson navigating a claim can easily feel outmatched and outgunned, thereby acceding to the stingy coverage conclusions of the adjuster, which are often extremely disappointing.  

Given that every claim the carrier pays out works against its profits, it’s no small wonder that insurance companies look for opportunities to deny or underpay on coverage claims–and they can and will take advantage of the confusing process to do just...

August 31, 2016

Many consumers purchase insurance, thinking they are secure, only to learn that when disaster strikes and they need to make a claim, they do not have the insurance coverage they thought they purchased.  In situations in which a consumer has asked for insurance to cover a specific risk, or to include certain coverages, the insurance broker who solicited and sold the policy can be liable for failing to procure that insurance.

We have seen a recent uptick in situations in which clients have learned they were underinsured, or didn't have the coverages requested, because the insurance broker did a poor job.  In the right circumstances, an insurance broker owes a duty to procure the coverages requested, advise the client of the terms of the policy...

December 15, 2015

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Whether you are a business with widespread operations or an everyday individual just working to make ends meet, chances are good at some point you will find yourself filing a claim for insurance to cover some major loss. Although we entrust our insurance companies to provide us with the coverages we need on promises that we are “in good hands,” or that the insurer is “like a good neighbor,” the reality is that insurance companies, like all businesses, are profit centers, meaning every penny your carrier pays on your claim is a penny that affects its bottom line.

Today, the claims department of the insurer is a key component of the profit-generating machine. This means that when you file a claim, your insurance company can and will look for...

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We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

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