Lawyer Insurance Law

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Insurance Law Questions Where an Insurance Lawyer Can Help

Insurance law governs the legal relationships between insurance companies and policyholders, as well as the settlement of insurance claims. In an increasingly complex insurance landscape, the advice of an experienced insurance lawyer is crucial. Such a lawyer can assist in various key situations, which are explained in more detail below.

  • Representation against insurers and in court: A lawyer can assist policyholders in communicating and negotiating with insurance companies and represent them in court to enforce their rights and claims, whether in the context of claims settlements or disputes over coverage.
  • Old-age and survivor's insurance: An insurance lawyer can provide advice on old-age and survivor's insurance, including clarifying entitlements, reviewing contracts, and representing policyholders in disagreements with insurers.
  • Occupational pension: In the area of occupational pensions, a lawyer can assist policyholders with questions regarding pension funds, entitlements, and enforcing their rights against employers and insurance companies.
  • Liability law: In liability matters, a lawyer can represent policyholders and provide advice on resolving claims for damages and liability issues, whether for personal, property, or financial damages.
  • Disability insurance: An insurance lawyer can assist in enforcing claims from disability insurance, whether it's applying for benefits, reviewing denial decisions, or representing policyholders before social insurance authorities.
  • Health and accident insurance: For questions regarding health and accident insurance, a lawyer can advise policyholders and assist in enforcing benefit claims, reviewing denial decisions, and representing them before insurance companies.

The assistance of an experienced lawyer in insurance law ensures that policyholders can effectively defend their rights and enforce benefit claims. Through tailored advice and comprehensive expertise, a lawyer helps policyholders navigate complex insurance matters and achieve fair outcomes.

Frequently Asked Questions About Insurance Law

In Switzerland, there are various types of insurance, some of which are mandatory. The obligation to take out certain insurances often depends on whether one performs a specific activity or uses a particular object. Some of the mandatory insurances include:

  • Mandatory health insurance, also known as basic insurance, which is compulsory for all residents.
  • Mandatory accident insurance (UVG), which must be taken out either by the employer or the employee depending on the employment relationship and activity.

 

If your insurance does not pay, you should first inquire about the exact reasons for the rejection. You can file an objection and request a re-examination. If this is not successful, you can turn to an independent arbitration body or consider legal action.

According to the Federal Law on Accident Insurance (UVG), accident insurance applies in various scenarios:

Employees working less than 8 hours per week

These employees are only insured against occupational accidents, occupational diseases, and accidents on the way to work.

Employees working at least 8 hours per week

These employees for the same employer are insured against both occupational accidents and diseases as well as non-occupational accidents. This includes accidents that occur during leisure time or as part of self-employment in a secondary occupation. However, it's important to note that the employer's accident insurance in the case of self-employment in a secondary occupation only covers medical expenses and the insured salary from the employment relationship. An additional voluntary accident insurance is required to also cover income from self-employment in case of an accident.

Yes, you can freely choose your health insurance provider. However, it must be a health insurance provider approved under the Health Insurance Act.

No, under mandatory health care insurance (basic insurance), all health insurance providers are obliged to accept you unconditionally and without a waiting period, regardless of your age or health condition.

An insurance lawyer specializes in advising and representing clients in all matters relating to insurance contracts and insurance claims. This includes reviewing insurance policies, clarifying coverage issues, negotiating with insurance companies, and representing clients in legal disputes. They also assist in enforcing claims for damages and help their clients obtain fair compensation.

Overall, their goal is to protect and defend the legal interests of their clients in insurance matters.

In Switzerland, policyholders generally have the right to freely choose their own lawyer. This means that you can generally go to any lawyer you prefer with your legal protection insurance.

However, it's important to note that some legal protection insurances have a list of lawyers they work with or prefer. Regarding hourly rates, there may be restrictions or conditions in your insurance contract. Some insurances may only cover part of the lawyer's fees or limit the reimbursable amount per hour.

It is advisable to check the terms of your insurance policy or contact your insurance company directly to ensure that you can make optimal use of your legal protection insurance benefits.

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