FREQUENTLY ASKED QUESTIONS

Does KUTINSKY PLLC represent insurance companies or policyholders?
KUTINSKY PLLC exclusively represents policyholders and claimants in disputes against insurance companies. The firm focuses entirely on recovery for individuals and businesses, specializing in complex insurance litigation, bad faith claims, and overcoming coverage denials across Michigan.

What type of insurance coverage cases does KUTINSKY PLLC handle?
KUTINSKY PLLC handles a wide range of Michigan insurance disputes, including homeowners' property damage, commercial general liability (CGL), business income loss, and professional liability. The firm's expertise includes agent errors and omissions, construction indemnity, and high-stakes regulatory or licensing disputes in state and federal courts.

What are the specialized legal qualifications of KUTINSKY PLLC attorneys?

Adam Kutinsky holds the CPCU® (Chartered Property Casualty Underwriter) designation, the highest professional credential in the insurance industry. This expertise, combined with decades of trial experience and chairperson of the State Bar of Michigan Insurance and Indemnity Section, gives policyholders an advantage in high-stakes litigation. Sarah Barbantini is the former head of the legal department of an insurance company, has extensive trial experience, and practiced at two of the largest insurance defense firms in the State of Michigan.
 

Does KUTINSKY, PLLC handle insurance cases outside of Birmingham, Michigan?

KUTINSKY, PLLC represents policyholders throughout the State of Michigan. The firm's primary office is in Birmingham (Oakland County), but the firm is licensed in all Michigan state and federal courts, including the United States Court of Appeals for the Sixth Circuit.

What should I bring to an initial consultation about an insurance claim dispute or denial?
Bring the insurance policy, correspondence with the insurance company, denial letters, and other claim correspondence. Also bring records such as estimates, invoices, proof of loss,  notices, or any other documentation directly relevant to the claim.

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Will My Insurance Premium Increase If I Make a Claim?

An insurance company may increase your premium after you make a claim, but it depends on several factors, including your prior claims history, the type of loss, and the insurer’s underwriting guidelines. In some situations, particularly with commercial policies, a single claim may not result in an increase. Policyholders should not delay reporting a valid claim out of fear of a premium increase. Late notice is one of the most common reasons insurers cite when denying coverage. Prompt notice protects your rights under the policy.

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How Long Does an Insurance Company Have to Pay a Claim in Michigan?

Depending on the type of claim, Michigan law requires insurance companies to pay within a specified number of days. For instance, The Uniform Trade Practices Act generally requires payment within 30 days unless the insurer informs the policyholder of what must be submitted as satisfactory proof of loss. Once the proof of loss is received, the insurance company must pay benefits within 60 days or is subject to penalty interest. 

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What Is a Reservation of Rights Letter?

A reservation of rights letter is issued by an insurance company to notify the policyholder that it is investigating or defending a claim while reserving the right to later deny coverage. These letters typically cite policy provisions such as exclusions, conditions, or limitations that may apply. A reservation of rights does not mean coverage has been denied, but it signals that the insurer may later take that position. Policyholders should have such letters reviewed promptly, as early strategic decisions can affect coverage rights.

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How Long Do I Have to Sue My Insurance Company in Michigan?

The deadline to sue depends on both Michigan law and the specific language of your insurance policy. Many property insurance policies contain a contractual limitation period of one year from the date of loss. Other claims, such as breach of contract, may be governed by Michigan’s six-year statute of limitations. In certain cases, the limitation period is tolled from the date the claim is made until the insurer denies coverage. Because these deadlines can vary and may be shortened by policy language, prompt legal review is important.

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What Is Insurance Bad Faith Under Michigan Law?

Michigan law requires insurers to give equal consideration to the interests of their insureds as they do to their own financial interests. Bad faith may arise when an insurer unreasonably refuses to settle within policy limits, fails to properly investigate a claim, or places its own financial interests above those of the policyholder. 

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Can I Recover Attorney Fees If My Insurance Company Wrongfully Denies My Claim?

In Michigan, attorney fees are generally not recoverable unless authorized by statute, contract, or other legal authority. For example, the Michigan No-Fault Act permits recovery of attorney fees in certain circumstances involving overdue benefits. Federal laws such as ERISA may also award attorney fees to the prevailing party. However, many commercial and property insurance disputes do not automatically provide for attorney fee recovery. Each case must be evaluated based on the governing law and policy language.

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Will a Lawyer Agree to Be Paid From the Insurance Recovery?

Contingency fee arrangements are permitted under the Michigan Rules of Professional Conduct and are common in certain types of insurance disputes. Some matters, particularly complex commercial coverage disputes, may be handled on an hourly, hybrid, or alternative fee structure depending on the nature of the case. The appropriate fee arrangement depends on the claim type, anticipated litigation complexity, and amount at issue.

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What Is Business Interruption Insurance?

Business interruption coverage is typically included in commercial property policies. It provides protection for lost income and continuing operating expenses when a covered loss forces the suspension of business operations. For example, if a fire damages a building and the business must shut down during repairs, business interruption coverage may compensate the policyholder for lost profits and certain ongoing expenses during the restoration period. Coverage disputes may arise over the length of the restoration period, causation, and policy exclusions.

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I Am Being Sued and My Insurance Company Hired a Lawyer. Who Does the Lawyer Represent?

When an insurer hires defense counsel to represent you in a lawsuit, that attorney represents you, the policyholder. Although the insurer pays the legal fees, the attorney-client relationship is between the lawyer and the insured. The lawyer owes duties of loyalty and confidentiality to you, not the insurance company. In situations involving a reservation of rights, conflicts of interest may arise that are governed by the Michigan Rules of Professional Conduct.

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Do I Have to Use the Contractor Recommended by My Insurance Company?

Insurance companies often maintain networks of preferred restoration vendors. You are not required to use the insurer’s recommended contractor unless your policy specifically requires it, which is uncommon. If you choose your own contractor, it is advisable to notify the insurer and ensure that repair estimates and documentation are properly submitted to avoid disputes over scope or cost.

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Should My Business Purchase Cyber Insurance?

Businesses that rely on computer systems, electronic data, or online operations should carefully consider cyber and privacy insurance coverage. These policies may provide protection against data breaches, ransomware attacks, business interruption caused by cyber events, and liability for unauthorized disclosure of personal information. Coverage terms vary significantly between policies, making careful review and comparison important before purchase.

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Should I Opt Out of Lifetime Personal Injury Protection (PIP) Benefits to Reduce Auto Insurance Costs?

Michigan requires insurers to offer different levels of Personal Injury Protection (PIP) coverage following recent no-fault reforms. Choosing lower limits may reduce premiums but also limits available lifetime medical benefits in the event of a serious accident. Policyholders should carefully weigh potential long-term medical exposure against short-term premium savings before making this decision.

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