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Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Vermont on
Q: How long should a Premises Liability claim response take. Claimant suffered TBI from slip and fall

Business sign/ fixed awning not cleared of ice and snow caused sidewalk hazard combined with irregular cement placement of sidewalk.

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Vermont attorney could advise best, but your question remains open for two weeks. If you mean a response in terms of a basic acknowledgement, that could take several days or a couple of weeks. The carrier could request additional information to verify the claim. If you mean a response in the... Read more »

1 Answer | Asked in Personal Injury, Insurance Bad Faith, Landlord - Tenant and White Collar Crime for Oregon on
Q: Is it legal for a landlord to have ones neighbors spy and follow them around. Neighbors who share walls document all?

I believe my landlord is colluding with my surrounding neighbors in order to gain information about the way I live so that they may navigate renters insurance the best way. For 6 months this has caused me extreme mental distress to the point where I tried to kill myself out of hopelessness and... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2022

Hard to see how someone else affects your renters insurance but nothing you have posted appears to be unlawful. Also is very hard to see why you would elect suicide over just moving elsewhere. You would likely be better served to focus your efforts on getting adequate counseling and care rather... Read more »

1 Answer | Asked in Employment Law, Insurance Bad Faith and Insurance Defense for North Carolina on
Q: Can an employee insurance refuse to pay the beneficiary who is her granddaughter because the employee was not married?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. An attorney is likely going to want to see more details about the policy. If you could arrange a brief initial consult, an attorney might be able to outline the best options here, such as litigation or... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Can you please explain to me what I can do when my auto insurance policy rescinded on me for material misrepresentation?

My car was stolen and recovered back in June 2022 and my insurance companies underwriting team did their investigation and sent me a letter stating they rescinded on my policy for material misrepresentation for not disclosing all licensed drivers in my household on the policy application. I tried... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2022

A California attorney could advise best, but your question remains open for two weeks. These can be difficult cases. In insurance law, there is a universal doctrine of good faith in representations made by the policyholder to the carrier. Depending on the amount of the claim, it could be worth... Read more »

1 Answer | Asked in Insurance Bad Faith for Washington on
Q: Would it be reasonable to sue my insurance company?

My insurance company cut their contract with my healthcare provider in January 2021 without my knowledge. Now, they won't cover 80% of my bills for dialysis despite being my main insurance. When we signed up, we agreed to pay 20% while my insurance pays the rest. I've been attempting to... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2022

A Washington attorney could advise best, but your question remains open for two weeks. It could depend on the coverage of the policy and the terms of the denial. Denials sometimes outline available recourses, such as appeals, arbitration, or the civil litigation that you ask about. If you arranged... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Colorado on
Q: Which HOA is responsible for repairs?

I had a sizable condo fire, and it was determined that it was the HOAs insurance policy that should make the repairs (not due to fault but bylaws- both parties agree). Suddenly, my HOA changed ownership a few weeks after the fire to a new company. Now the old HOA is saying that it is no longer... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 26, 2022

Sorry to give generic information but you should look into an attorney to sort everything out.

In addition, it may be worth taking the time to dig through your home owners documents for the insurance declaration and trying to make a claim directly with the insurance companies. If...
Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Greetings. I am cashing out a life insurance policy. Life insurance company is requiring a small estate affidavit?

The insurance company says they need an affidavit to determine the new owner of policy. The owner of policy was the Estate of my Father, C/O myself and the insured is my son. On the affidavit who should be listed as successor(s), both my Son & I or one of us?

Thanks for your time.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 23, 2022

The small estate affidavit is a non-probate procedure to more easily transfer assets. You should mirror the affidavit with the testamentary disposition.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My storage was burglarized Sunday. I immediately reported to P.D. and Management. I pay insurance yet they have no info?

My unit was broken into Sunday morning as this was viewed on their security camera footage following day. I immediately reported to P.D. and Management of storage and waited for someone to show Sunday when I was locked in overnight with no emergency number to call to get out. After explaining this... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Demand that management give you the insurance company information. If not, you can sue and discovery that information during "discovery."

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for California on
Q: If after the sale of real or personal property what is the first action to file to prevent eviction or removal therefrom
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Is the owner of the home selling it while you are a tenant? If so, you would not need to do anything right now, as the sale of the home carries with it the leasehold that you have.

1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Can I sue my insurance company for stringing me along and not paying out on a claim that's affecting my work and housing

Right off the bat I had to sign a huge stack of papers which I was kind of unsure signing to begin with, but it was a relinquishing my the information from all bank accounts all of my person to person pay apps that. my call log on my phone all any phone records. I also had to provide phone numbers... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 21, 2022

You must have a basis to sue your insurance company. You cannot sue your car company merely for asking for documentation to support a claim you are making. To answer this question, more context is needed. What is the underlying claim you are making that would entitle you to insurance coverage?... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Insurance denied are claim
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

If you believe the denial was wrongful or in "bad faith," which it appears you do given your question on this site, speak with an insurance litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Insurance Bad Faith for Oregon on
Q: Claim file denied ,denial letter denied . Where can I find a attorney to represent this

Prudential fiduciary administrators have denied denial letters and claim files .

A forgery of a appeal was made by the processors ,

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2022

An Oregon attorney could advise best, but your question remains open for two weeks. A law firm would ask for additional information regarding the claim, denials, appeal, and other file documents before offering direction, but you could use the Find-a-Lawyer tab above to search Oregon attorneys as a... Read more »

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for Pennsylvania on
Q: Property was damaged by known third party. Property was sold. No mention of damage. Insurance claim turned in

Claim made to offending party's insurer. How much property damage is the insurer liable for? Thank you. Damage was done for years prior to sale and continues (storm water). Damage caused by offending party negligently not following the law

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2022

A Pennsylvania attorney could advise best, but your question remains open for three weeks. I could only speak for the insurance elements of your question, since you posted under Insurance Bad Faith. It could depend on the insurer's policy limits and whether it is a loss covered by the policy... Read more »

1 Answer | Asked in Insurance Bad Faith, Personal Injury, Antitrust and Collections for West Virginia on
Q: I need pointed in right direction for mental anguish claim
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 2, 2022

The right direction is to contact a personal injury lawyer in your area, set up a consultation, specifically discuss the specifics of your situation and determine your options. Good luck.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Washington on
Q: My car accident claim was denied, as moving the car safely out of traffic apparently caused the engine to be damaged.

Insurance company states I should have left vehicle in downtown traffic for the 24 hours it took their tow truck to arrive. Do I have any recourse?

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2022

A Washington attorney could advise best, but your question remains open for three weeks. It could depend on how you moved the car. At the same time, to your credit, the location of the car may not have left you with the choice of waiting 24 hours to move it. This depends on a closer look at... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: We bought our home (10mons), recently found a bad leak underneath bathtub, home insurance will not cover.

Can I contact Seller to repair/or cover the cost? We just detected this issue because this is a guest room and we hardly use it. until now and found it leaks underneath the bathtub per Fidelity home warranty inspection/assessment. They told us the home warranty will not cover this. Appreciate an... Read more »

Neil Anapol
Neil Anapol
answered on Aug 29, 2022

I cannot tell you whether your home warranty should have covered the problem without looking at the contract. However, you definitely have a potential case against the seller. The issue with the seller would be proving that he or she had knowledge of the leak. If there are is evidence of... Read more »

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: My case is currently in Louisiana Eastern District Court. Us vs Homeowners Insurance for Hurricane claim damages

The insurance company says we had no damage. We of course have damage and have proven so in a 42+ page list of damages, etc from a qualified adjuster, etc. it is currently sitting in the LA E District Court. Both parties were given an order and “forced” to settle or mediate within 6 weeks from... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2022

A Louisiana attorney could advise best, but your question remains open for three weeks. It would be helpful to see the court's orders and accompanying papers. But as a general matter nationwide, if court-ordered mediation fails, a matter could move back on the trial calendar. Without seeing... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: What are my options if my auto insurance claim was denied without a thorough investigation?

I was in a car accident where a lady backed out of her driveway into me as I was driving by, so her bumper dragged across my entire passenger side and took off my mirror. I called my insurance agent, who told me I was to reach out to the other party's insurance, so I did, and waited till after... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Aug 26, 2022

contact a local PI lawyer................you were the victim.

any wits?

prepare a summary before you meet with the lawyer and bring pix

1 Answer | Asked in Insurance Bad Faith and Health Care Law for California on
Q: My husband had back surgery 1 year ago. Our insurance gave authorization but now have denied the claim. We have 67K bill

My husband has double insurance coverage. 1 policy through his work (Grossmont Union High School district) and 1 policy through my work (San Diego Unified School District). He went through my policy and was originally given authorization for the back surgery. Now the insurance company is sending us... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2022

A California attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys who handle health care claims. First, try to compile a complete file on the denial and its supporting documentation, such as EOBs. Also put together all the documentation... Read more »

1 Answer | Asked in Insurance Bad Faith, Personal Injury and Car Accidents for Texas on
Q: My lawyers filed a lawsuit for UIM claim and the insurance company is passed the deadline by 15 days to respond.

What should my lawyer be doing to resolve this matter. The para legal said they did receive an email from the defense attorney to discuss the lawsuit before the deadline but she said she is working with my lawyers to figure out what is going on. Are my lawyers just being negligent, shouldnt they... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2022

A Texas attorney could advise best, but your question remains open for two weeks. In all fairness to your attorney, they may be working toward trying to discuss the claim. You mention the paralegal receiving an email from defense attorney. Based on these brief facts, no one here could say and no... Read more »

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