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Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Ohio on
Q: My insurance company falsified my mileage on a total loss claim and when confronted about it they cut contact altogethe

I provided proof that they falsified my mileage and asked if they were going to low ball me on my car value now. Ever since then they cut contact with me altogether. Probably waiting for my attorney at this point.

Progressive

So now I suppose I have to sue them?

Nothings been signed yet.

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2024

An Ohio attorney could advise best, but your question remains open for a week. Suing is always an option on any claim. But maybe first look into what caused the mileage error, and if they will work toward resolution of the claim with you based on corrected odometer readings. If the claim is PD... View More

1 Answer | Asked in Insurance Bad Faith, Civil Litigation, Landlord - Tenant and Small Claims for Mississippi on
Q: As a Pro Se Litigant in a smalls claim case. Defendant has hired an attorney he has filed a motion seeking Act (11-55-1)

I need know should I file a rebuttal?

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Mississippi attorney could advise best, but your question remains open for a week. Only a local attorney could advise meaningfully on local laws. But as a general point that applies nationwide, until you are able to consult with a local attorney, motions do warrant a response (and generally... View More

2 Answers | Asked in Insurance Bad Faith and Health Care Law for California on
Q: Whom do I seek help from when I have an insurance coverage problem with Kaiser, beyond Kaiser grievance and DMHC?

My teen daughter needed a long-term RTC. I informed Kaiser (K.) of her need for this level of care, though I did not specifically ask for it. (I did not know K. offered that level of care.) When my daughter's K. clinician walked her through our chosen RTC's website, the K. clinician... View More

James L. Arrasmith
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answered on Apr 9, 2024

In California, if you have exhausted the internal grievance process with Kaiser and the complaint process with the Department of Managed Health Care (DMHC), you have a few additional options to seek help for your insurance coverage problem:

1. Contact the California Department of Insurance...
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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Florida Homeowners claims questions:

House suffered a pipe burst that sat for 24 hours. Home flooded 1” during that time. Back half of the first story is affected.

Are my personal property contents covered?

Does the Florida mold limit of $10,000 include contents as well as structure or are those separate limits that... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

The coverage categories and limits are stated in your insurance policy. Either it's plainly covered or not. Should be clear, and an insurance agent should be able to explain, but if not, schedule a legal consultation. Also, you state that a pipe leakage flood caused damage. If water itself... View More

1 Answer | Asked in Products Liability, Civil Litigation and Insurance Bad Faith for California on
Q: Can atty file MTS, then demurrer to complaint, demurrer to 1st amend, demurrer and MTS to 2nd amended ?

Defendants failed to answer complaint for water damages to home-defective part; Defendant insurance adjuster emailed for 60 extension; plaintiff filed default after 58 days; court issued order plaintiff may be sanctioned for failure to file default; complaint filed over 100 days, Def atty filed to... View More

James L. Arrasmith
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answered on Mar 25, 2024

In California, an attorney can indeed file a motion to strike (MTS) and a demurrer to the original complaint, first amended complaint, and second amended complaint as you've described. This can be part of a defensive strategy to challenge the legal sufficiency of the plaintiff's case. If... View More

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Oregon on
Q: can i sue a life insurance agent who signed me up for 2 other life insurance policies I wasn't aware of that cost money?

i had signed up for life insurance with mutual of omaha. they weren't notified I had wanted to stop the policy but the agent didn't tell them 41 days into a 45 grace period but it cost me 3 months. then during this time he signed me up for 2 other life insurance policies I wasn't... View More

James L. Arrasmith
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answered on Mar 22, 2024

If a life insurance agent signed you up for policies without your knowledge or authorization, this could be considered fraudulent activity. Unauthorized use of your personal and financial information to obtain commissions is illegal and unethical.

You may have grounds to sue the agent for...
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3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for California on
Q: Can an insurer my deny injury liability coverage on an active claim if my vehicle was not registered at the time?

I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More

William John Light
William John Light
answered on Mar 19, 2024

Almost certainly not. A review of your policy terms would have to be completed to be definitive. Your insurer insured the car for the policy period. If the collision occurred during the policy period, the car should be covered. Registration, or failure to register, does not affect the risk to... View More

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3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for California on
Q: Can an insurer my deny injury liability coverage on an active claim if my vehicle was not registered at the time?

I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 19, 2024

Your insurance policy terms and conditions should govern.

You want to read or have a lawyer read it to see what it says.

I assume insurance costs in Louisiana were lower, which is why many people do not register their cars in California.

If your policy does not address this...
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1 Answer | Asked in Insurance Bad Faith for Maine on
Q: When my parent passed away their life insurance only paid back premiums that they had paid in, instead of full amount

They claimed it was because the policy was only recently started. Does this sound correct?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Maine attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your parent. One would need to see the policy to advise meaningfully, in particular, any provisions about waiting periods. See if you could line up a free initial consult with a law... View More

3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

William John Light
William John Light
answered on Mar 14, 2024

There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More

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1 Answer | Asked in Criminal Law and Insurance Bad Faith for Louisiana on
Q: How long does the insurance company have to settle my claim after my car was stolen and recovered?

My car was stolen on January 28th and recovered by police on feb 2nd. Someone had set it on fire. I am completely devastated and have been treated like a criminal by law enforcement from day one. I have corroborated with my insurance company giving them everything they have requested of me. I also... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 5, 2024

You are handling these matters by yourself ---in order to insulate yourself you at a minimum consult with a lawyer in your area to get a better idea of the procedure and process-----and if you so desire (and I do recommend), hire a alawyer to be your representative in this process. He can... View More

1 Answer | Asked in Insurance Bad Faith and Health Care Law for Missouri on
Q: What can I do when I am being charged a much larger medical bill than I was originally told I would have to pay?

I had surgery in December of 2023. I was told that my insurance covered it and I would owe $750.00. A month later I received an explanation of benefits from the insurance company saying I have a financial responsibility of $7000+. Upon further examination I realized my insurance had been canceled... View More

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2024

A Missouri attorney could advise best, but your question remains open for a week. As a starting point, you could contact the hospital administration (billing and collections departments) and the insurance carrier to try to find out what happened. If you need to escalate to an attorney consult, your... View More

2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Hi, my storage unit was broken into. I discovered it June 2023. I notified the manager immediately. Then got the police

Report and a list of items missing, what they cost me new and gave them multiple examples of what these items are selling for new. I waited for a month and then when I went to the office to get an update, I was informed the manager was no longer there and they new nothing of the paperwork. They... View More

James L. Arrasmith
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answered on Mar 1, 2024

In California, when you're dealing with a situation where your storage unit was broken into and your attempts to claim insurance have been met with delays and miscommunications, it's important to know your rights and the appropriate steps to take. The insurance provided at the time of... View More

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2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Hi, my storage unit was broken into. I discovered it June 2023. I notified the manager immediately. Then got the police

Report and a list of items missing, what they cost me new and gave them multiple examples of what these items are selling for new. I waited for a month and then when I went to the office to get an update, I was informed the manager was no longer there and they new nothing of the paperwork. They... View More

Leon Bayer
Leon Bayer
answered on Mar 2, 2024

You have an insurance policy. Does it cover losses from theft? If so, it's time for you to visit one or more lawyers who deal with insurance law, and find one who will sue the insurance carrier. When an insurance carrier fails to deal with you in good faith, you may be able to collect not only... View More

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1 Answer | Asked in Insurance Bad Faith and Landlord - Tenant for California on
Q: Hi, my apartment was recently damaged by a leak in our roof. My insurance is not covering the damages. Can it be covered

The adjuster I talked to said that the damage caused to our apartment building was due to "surface water" which is not covered in our policy. However, upon further research, some cases said that the build-up of rainwater from roofs or gutters is not considered surface water. Should I... View More

James L. Arrasmith
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answered on Feb 29, 2024

If your insurance adjuster has denied your claim based on the classification of the damage as "surface water," and you believe this interpretation conflicts with the specifics of your insurance policy or the actual circumstances of the damage, it may be beneficial to seek a second... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law and Personal Injury for Oklahoma on
Q: Is a supplemental medical Insurance company allowed to overrule “multiple doctors” severity of diagnosis determination?

“On December 28th of 2023, my wife became critically ill with Flu “A” and severe double pneumonia. She was taken to a hospital in Oklahoma City and placed on a ventilator. Sadly my wife suffered a hypoxic brain injury due to the lack of oxygen her brain was getting. Now she is in a nursing... View More

Tim Akpinar
Tim Akpinar
answered on Feb 29, 2024

A Texas or Oklahoma attorney could advise best, but your question remains open for a week. I'm sorry for your wife's ordeal. Carriers do deny claims on the basis of differing medical opinions. Only a local attorney could advise on the validity of the carrier's denial under... View More

4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

James Otto Heiting
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James Otto Heiting
answered on Feb 19, 2024

Either you were working and your employer covers it; or you were not working and your personal insurance covers it. There may be some odd circumstances that interfere with that simple analysis; but that seems to be the common sense of your situation. Good luck.

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

William John Light
William John Light
answered on Feb 20, 2024

Under Labor Code section 2802, your employer has to indemnify your expenses incurred while the course and scope of employment. Its insurer should be fixing your car. If you were driving for Uber or other ride share, you may not have been an employee, but an independent contractor. Whether that... View More

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

James L. Arrasmith
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answered on Feb 20, 2024

Under California law, if your insurance company denies coverage for an accident that occurred while you were on a break from work, you might still have options to contest the denial. The distinction between being "at work" and "on a break" is crucial, as it can influence the... View More

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