Steven W. Shaw has been fighting insurance companies for fairness
for over 40 years.

You paid for coverage
and for peace of mind
Did you get what you paid for?

When you are treated unfairly, when you are paid late, underpaid, or not paid at all, you are cheated out of at least these three things:

           1.  You are out the money they were hired to pay.

           2.  You must handle the problem they were hired

                  to handle.

             3.  Worst of all, you are denied the peace of mind

                    insurance was hired to provide.


     We've helped hundreds of others with similar problems.

Let us help you.

Do You Have a Case?

The situations listed below are just a few of those in which the law has determined that insurance companies have acted unfairly and should be stopped.

Keep in mind that the law strongly favors consumers in their relationship with their insurance company. Hence, if you feel  you  have been  wronged, it usually warrants taking a  look to  see what should  be  done.

Policy.  The insurance policy is NOT the last word on coverage. Policies may contain language that has been superseded by state law or court interpretation of that law. So, do not assume there is no coverage simply because the policy seems to exclude your loss.

Agent.  Don't take  your agent's word for it. Agents are not trained claims adjusters. Submit your claim regardless of your agents advise on coverage and let the insurance company decide whether they will cover you. (Some agents have a vested interest in seeing that your claim is  not reported.)

A good place to start is the Utah Unfair Claim Settlement Practices Act. It is a law. Insurance Companies must abide by it or face the consequences. Take a look and see if what happened to your is similar to any of those situations covered by the Act. Remember, it is only a start. It is not a comprehensive list of every problem prohibited by the law. 

Utah Code Section 31A-26-303.  Unfair claim settlement practices.
 (1)  No insurer or person representing an insurer may engage in any unfair claim settlement practice under Subsections (2), (3), and (4).

(2)  Each of the following acts is an unfair claim settlement practice:

(a)  knowingly misrepresenting material facts or the contents of insurance policy provisions at issue in connection with a claim under an insurance contract; however, this provision does not include the failure to disclose information;

(b)  attempting to use a policy application which was altered by the insurer without notice to, or knowledge, or consent of, the insured as the basis for settling or refusing to settle a claim; or

(c)  failing to settle a claim promptly under one portion of the insurance policy coverage, where liability and the amount of loss are reasonably clear, in order to influence settlements under other portions of the insurance policy coverage, but this Subsection (2)(c) applies only to claims made by persons in direct privity of contract with the insurer.

(3)  Each of the following is an unfair claim settlement practice if committed or performed with such frequency as to indicate a general business practice by an insurer or persons representing an insurer:

(a)  failing to acknowledge and act promptly upon communications about claims under insurance policies;

(b)  failing to adopt and implement reasonable standards for the prompt investigation and processing of claims under insurance policies;

(c)  compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by those insureds when the amounts claimed were reasonably near to the amounts recovered;

(d)  failing, after payment of a claim, to inform insureds or beneficiaries, upon request by them, of the coverage under which payment was made;

(e)  failing to promptly provide to the insured a reasonable explanation of the basis for denial of a claim or for the offer of a compromise settlement;

(f)  appealing from substantially all arbitration awards in favor of insureds for the purpose of compelling them to accept settlements or compromises for less than the amount awarded in arbitration;

(g)  delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms which contain substantially the same information; or

(h)  not attempting in good faith to effectuate a prompt, fair, and equitable settlement of claims in which liability is reasonably clear.

2023©Copyright ShawlawPLLC. All rights reserved.

We need your consent to load the translations

We use a third-party service to translate the website content that may collect data about your activity. Please review the details in the privacy policy and accept the service to view the translations.