INSURANCE

Insurance Matters

Matt Wertheim & Associates represents clients in a wide range of matters involving insurance coverage and liability issues. We offer multi-faceted services in insurance matters ranging from the simple to the complex. Matt Wertheim has successfully represented policyholders in claims against their insurance companies where coverage has been denied or is at issue in both first party or third party claims.

  • First party claims involve a suit directly against an insurance company for refusing to pay benefits.

  • Third party claims arise when an insurance company fails to defend a suit brought against its insured or fails to pay a claim, on behalf of its insured, asserted against the insured policyholder.

Additionally, Matt has also been responsible for:

  • handling cases involving commercial liability, directors and officers, errors and omissions, life, disability, fire and other related insurance coverage

  • monitoring the defense of personal injury actions where an insured requires the assistance of counsel to coordinate the defense of their claim with counsel provided by an insurance company under its ordinary defense obligation

  • providing assistance determining the appropriate types and levels of coverage to maintain in order to properly insure against commonly encountered risks

  • representing clients in claims involving the construction industry (both builders and property owners), real estate and real estate professionals

  • analyzing and interpreting insurance policies. Insurance policies are often difficult to understand even for sophisticated and experience business people. Matt Wertheim & Associates works with his clients to level the playing field and offer benefits and protection to the insured. We bring value by ensuring that you thoroughly understand the coverage you are entitled to and for which you have paid.

+ Past Experience/exemplar cases:

  • Matt was the general counsel for a small insurance company whose errors and omissions claim was denied by its insurer. Matt assisted the client by formulating and making the initial notice of claim, associating with outside counseling to help file a federal court declaratory relief action when the claim was denied, to the successful reversal/positive outcome in the Ninth Circuit Court of Appeals, and finally to the negotiation of the client's claim for bad faith and attorney's fees.
  • Matt has represented multiple San Francisco based Insurance agents in their six figure claims for fidelity coverage that were originally denied by insurers prior to Matt's involvement, coverage analysis, legal research, written discovery, depositions, motions, etc.
  • Matt acted as co-counsel for Insurance agent accused of negligence. Matt oversaw and coordinated work of counsel appointed by insurer, interviewed and retained experts, and oversaw the approach at mediation, which resulted in settlement within client/insured's policy limits.
  • Matt achieved a settlement under a CGL policy in favor of a contractor defendant, by overcoming the insurance carrier's reservation of rights claim denial. The insurance carrier paid a significant portion of the underlying damages/defect claims.
  • Matt has represented numerous high net worth individuals in auto accident cases working alongside appointed insurance defense counsel when clients/insured's were mistakenly grossly underinsured based upon clients' significant assets/wealth.


 INSURANCE COVERAGE & LIABILITY

INSURANCE COVERAGE & LIABILITY

Automobile Insurance

California law requires that every vehicle have minimum insurance coverage of $15,000 per person and $30,000 per accident. After over 34 years of experience, Matt has learned that many people get insurance to register a vehicle and then drop it. Many others do not have insurance and a great percentage only have the bare minimum. What this means is that if you are not at fault for an accident and you are badly injured, that the most you may be able to recover from the responsible party is $15,000.

What can people do? Everyone should speak to their insurance broker/agent about raising his/her limits on Underinsured/Uninsured motorist coverage (UIM). Often, it only costs a small amount of money to increase your UIM to $500,000. This way, if you are unfortunate to be badly injured by the other driver, then you will be able to make a claim up to $485,000 after you collect the $15,000 from the other driver's insurance company. Matt Wertheim & Associates has successfully handled scores of UIM claims, and you should consult with Matt if you have a UIM claim now or in the future. Following the above advice to look at your current UIM coverage and consider increasing it will allow you to rest assured that you are adequately covered in the event of an accident.

Business Insurance

"If you have a situation wherein you either do not have enough insurance coverage, have had your insurer deny your claim, or your insurer is defending you with what is known as a "reservation of rights," then I highly recommend Matt Wertheim & Associates. I am an experienced business person who was wrongfully accused by a client. Because of the size of the claim and my own personal exposure, I retained Matt Wertheim to defend me and work alongside (i.e. supervise) the attorney hired/appointed by Safeco Insurance. Matt's expertise and advice led to motions, discovery, and analysis that was way beyond what my insurance defense attorney was providing. I hope I never need Matt's services again, but if I do, I know he will always be there for me." -Steve in San Francisco

Many businesses should consider purchasing what is called Employment Practices Liability Insurance (EPLI). In today's world, smart business owners must have coverage in the event an employee brings a claim for discrimination, wrongful termination, or sexual harassment. Such lawsuits can be demoralizing, debilitating, and extremely expensive to defend. Like worker's compensation insurance, many businesses consider EPLI as essential coverage.

Homeowner’s Insurance

Insurance companies love to accept premium and often do everything possible to deny or under-evaluate a claim.  Matt has helped scores of policy holders obtain coverage for denied claims and has maximized recoveries for covered claims. 

Contact Matt if you need help with any of your insurance claims or coverage questions.

INSURANCE LITIGATION

INSURANCE LITIGATION

Negligent, bad faith or fraudulent practices with respect to insurance policies, insurance coverage or insurance claims can take many forms.

Matt Wertheim & Associates has represented policy holders (insured's) in their claims against insurance companies for failing to pay or underpaying in accordance with the provisions of their policies. Insurance policies and applications are often written so that the fine print is barely decipherable, and so the language can be interpreted to benefit the insurance company, rather than the policyholder. Insurance Law often permits interpretations of these clauses that run contrary to common sense. Just because your insurance company says there is no coverage does not necessarily mean that they are right. If you or a loved one has been denied coverage, or if you believe you have been treated unfairly by your own insurer or broker, then contact Matt Wertheim to review your policy, your coverage, the "denial" or "reservation of rights" letter from your insurer.

In 2002, Matt Wertheim was part of a team of lawyers who successfully obtained coverage following a denial. Please see Conestoga v. Executive Risk (2002)312 F.3d.976

Testimonial

"We are Marin Doctors who had a property loss claim with our insurer. We got the total "run around" with our claim and were extremely frustrated. We hired Matt Wertheim & Associates to represent us on our various claims with our own insurer, Our insurer was difficult every step of the way, and Matt kept us calm, informed, and efficiently worked with us and our bookkeepers to provide our insurer all of the answers necessary to achieve a phenomenal six figure resolution. We could not be more pleased with the work Matt did for us, and cannot more highly recommend him for any dispute with an insurer."

Bobby A, MD & Diana W, MD (Greenbrae, California)

BROKER RECOMMENDATIONS

BROKER RECOMMENDATIONS

It is wise to work with an insurance broker/agent that meets your personal needs and who works to get you the best possible coverage at the lowest possible price and that also meets your insurance requirements. Matt Wertheim has worked with the following broker(s) and recommends them. If you are new to the area or are for some reason unhappy with your current coverage/broker, then consider the following brokers.

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Alliant Americas

575 Market Street, Suite 3600
San Francisco, CA 94105

Contact: Mr. Don Tarantino, CIC, CRM
Phone: (415) 640-3100
Email: Don.Tarantino@alliant.com

Contact: Mr. Taylor Tarantino
Phone: (415) 640-9887
Email: Taylor.Tarantino@alliant.com

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CAL Insurance & Associates, Inc.

2311 Taraval Street
San Francisco, CA 94116

Contact: Mr. Scott Hauge
Phone: (415) 661-6500
Email: shauge@cal-insure.com

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SWEET & BAKER INSURANCE BROKERS

44 Second Street
San Francisco, CA 94105-3440

Contact: Mr. Bruce Callander
Phone: (415) 512-2100
Fax: (415) 512-1115
License: # OB60897
Email: bcallander@sweetandbaker.com