Baltimore Insurance Attorney
David Fink

All too often, an insurance company’s first response to its policyholder, when a claim arises, is a reflexive denial of coverage or a so-called “reservation of rights” that may just prelude a coverage dispute.

The insurer may deny that it has any duty to defend its policyholder, it may deny that it has any duty to indemnify the policyholder against the underlying claim, or it may deny both. Sometimes such a denial or a reservation of rights is justified, but frequently the insurer is taking an aggressive position in favor its own policyholder, in order to keep the insurance company’s own losses to a minimum, while leaving you in what may amount to a “company killer” scenario.

When this happens, you may perceive that the insurance company probably understands its own policies better than you ever will. You may even accept the insurance company’s denial or severe limitation of coverage when – under a fair reading of the entire policy – coverage actually exists. In short, unless somebody stands up to an insurer when it wrongfully denies coverage, the insurance company may get away with it.

As a skilled Baltimore Insurance Attorney, I stand up to these insurance companies to fight for your rights and get you the compensation you deserve in disputes involving a wide range of insurance law matters, including:
  • Automobile Insurance
  • Homeowners Insurance
  • Renters Insurance
  • Disability Insurance
  • Health Insurance
  • Life Insurance
  • Long-Term Insurance
  • Workers Compensation Claims
Bad faith claims are basically a breach of the insurance contract, when insurers use non-legitimate reasons to deny claims. Insurers have a duty to the insured to examine claims in good faith and use fair dealing when evaluating claims. To act in bad faith requires the insurer to engage in unfair dealing, not just a mistake.

Disability Insurance:

Disability insurance companies have historically refused benefits to many of their policy holders. Or, the insurance company may allege that the pain is not severe enough to prevent the employee from working. Recent studies prove them wrong, yet benefits are still often initially denied and require an attorney’s assistance to recover them.

Professional disability insurers have been found liable for denying coverage on claims brought by disabled professionals. In the 1970s and 1980s some of these insurers grossly oversold disability policies to younger professionals, anticipating that few claims would mount from this low-risk population. However as the policyholders aged and professionals became disabled, the claims mounted steadily. Some of the companies decided to cope by unfairly denying claims to cut their losses.

If you have been treated unfairly by an insurance company for any type of policy, including having an insurance policy wrongfully canceled, rescinded or terminated, call my office immediately.

As an experienced Baltimore Insurance Attorney, I have helped hundreds of individuals and businesses throughout Maryland in disputes with their insurance companies. No matter what type of insurance is involved, whether life, health, homeowners, automobile, disability, long-term care, business, commercial or errors and omissions, I will help you receive the full value of your claim.

My Firm offers highly personalized service. I personally meet with each client and evaluate all cases. I am committed to taking cases with clear merit and maximizing the recovery for the claim. My record of success includes multiple lead paint settlements totaling millions of dollars in the last few years. Every year we force insurance companies to pay out on hundreds of claims which they initially deny. I will handle your case with a high standard of quality.

If you or someone you know in Maryland needs the assistance of an experienced Baltimore Insurance Attorney, call Attorney David E. Fink today at 866-685-9482, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Insurance Law:
Up until 1944, insurance was not considered "commerce" and not subject to state or Federal regulation. But, because of some key cases, including United States v. South-Eastern Underwriters Association, Congress passed acts that provided the power to states to regulate and control the insurance businesses. While state insurance statutes override most Federal laws, some portions of federal law (like Federal tax laws) are always commanding. State laws govern the "business of insurance," while federal laws govern the peripherals of the industry (e.g., labor, tax, securities, etc.). Insurance law encompasses the state statutes and Federal laws governing the insurance business and the peripherals of the industry.

While there are a lot of types of policies with varying regulations and benefits, the purpose of insurance is all the same: to allocate the risks of a loss from the individual to a great number of people. In the absence of insurance, three possible parties bear the burden of an economic loss; the individual suffering the loss; the individual or entity causing the loss via negligence or unlawful conduct; or a particular party that has been allocated the burden by the legislature, (e.g., employers under workers' compensation laws and statutes). With insurance, individuals pay a "premium" into a pool, from which losses are paid out. Insurance companies are generally considered the safe keepers of this pool of premiums and they are the ones who pay the claims of the individual losses.

Insurance Claims:
Insurance claims are a notice for reimbursement from an insurance company when the insured has suffered a loss that is covered under the insurance policy. Insurance companies cannot refuse to pay a customer's claim without "reasonable justification." This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner. If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.

Insurance Bad Faith:
If an insurance company violates principles or regulations governing insurance law, it may constitute bad faith in denying a claim, stalling in making a decision on a claim, or requiring unreasonable actions or documentation by the insured to prove a claim. Types of insurance bad faith cases include:
  • Underinsured motorist (UIM) or uninsured motorist (UM) claims
  • Claims of bad faith conduct on the part of the insurer, including the wrongful denial of benefits, the failure to defend the policy holder from liability, or improper termination of coverage
  • Product and retailer liability claims
  • Property and casualty claims
  • Pharmaceutical and drug company liability claims
  • Disputes relating to group health insurance or individual health insurance claims
  • Disputes relating to life insurance or annuity claim
  • Disputes relating to home insurance claim
  • Any insurance related dispute
If you or someone you know in Maryland needs the assistance of an experienced Baltimore Insurance Attorney, call Attorney David E. Fink today at 866-685-9482, or complete the contact form provided on this site to schedule your free consultation.


Professional Profile

If you or someone you know in Maryland needs the assistance of an experienced Baltimore Insurance Attorney, call Attorney David E. Fink today at 866-685-9482, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Law Offices of David E. Fink
1 North Charles St.
Baltimore, MD 21201
Telephone: 866-685-9482
Fax: 410-547-7206

MEMBERS OF THE FIRM:

David E. Fink

The only Martindale-Hubbell AV-rated solo practice attorney in Baltimore, David Fink is a skilled negotiator and an effective trial attorney. He has taken over 100 cases to jury trial and won all but two of them. He has frequently served as a lecturer for the Maryland Institute for Continuing Professional Legal Education of Lawyers and for the Judicial Institute of Maryland, teaching other lawyers and judges about various aspects of personal injury law, litigation and trial issues. He has been honored by inclusion in The Bar Register of Pre-eminent Attorneys and has lectured and published extensively in the area of Insurance Disputes and Workers' Compensation.

EDUCATION:
  • J.D., University of Maryland Law School, 1991
JURISDICTIONS:
  • Maryland
  • Federal
PROFESSIONAL MEMBERSHIPS:
  • American Bar Association
  • Maryland Trial Lawyers Association
  • Maryland Bar Association
  • Chairman, Board of Directors, Weinberg Academy
  • President, Bnei Jacob Slereei Zion Congregation



Additional Questions or need further information?

David Fink
Law Offices of David E. Fink
1 North Charles St.
Baltimore, MD 21201
Phone: 866-685-9482
Fax: 410-547-7206

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