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2 Answers | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.

In my research, I believe that my and my spouse's IRA and Roth IRA accounts are protected. However, are our SEP and HSA accounts as well as our personal residence also protected?

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Sep 15, 2023

My opinion: This is a personal question that, like other insurance questions, comes down to your tolerance for risk. Generally, it's good to also consider other assets, including earning capacity. A lawyer or a doctor likely has a higher earning capacity than a McDonalds window employee or a... View More

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2 Answers | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.

In my research, I believe that my and my spouse's IRA and Roth IRA accounts are protected. However, are our SEP and HSA accounts as well as our personal residence also protected?

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2023

It could be difficult to predict what an aggressive and determined plaintiff would choose to pursue - depending on what theory they might present in a given lawsuit. A starting point could be to consult with an insurance professional to get a handle on premiums for different scopes and levels of... View More

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2 Answers | Asked in Workers' Compensation, Employment Law and Insurance Defense for California on
Q: w/c case lifetime medical settled. 9 years ago .Does my 2022 workers comp claim get deducted before settled?

Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it... View More

James L. Arrasmith
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answered on Sep 5, 2023

In California, workers' compensation benefits and settlements are generally independent of one another for separate incidents. A settlement from a previous workers' compensation claim, especially one made 9 years ago, would not typically be deducted from a new 2023 workers'... View More

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2 Answers | Asked in Workers' Compensation, Employment Law and Insurance Defense for California on
Q: w/c case lifetime medical settled. 9 years ago .Does my 2022 workers comp claim get deducted before settled?

Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 4, 2023

If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state. If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it... View More

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5 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Insurance Defense for California on
Q: Is it common for a demand letter to be ignored by the defense?

Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Sometimes including a well-drafted petition prepared by an experienced and competent lawyer with a demand letter elicits a better response. It sends a message that you are prepared to follow through with a lawsuit if your demand is ignored and that you are willing to “put your money where your... View More

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5 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Insurance Defense for California on
Q: Is it common for a demand letter to be ignored by the defense?

Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?

James L. Arrasmith
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answered on Sep 4, 2023

It's not uncommon for demand letters to be ignored or for the defense to delay a response, especially if they believe the sender may not follow through with legal action. To encourage a response, you may want to consider sending a follow-up letter via certified mail, which creates a record of... View More

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5 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Insurance Defense for California on
Q: Is it common for a demand letter to be ignored by the defense?

Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?

Theodore Allan Greene
Theodore Allan Greene
answered on Sep 4, 2023

Yes it is common. If it's not done to there specifications they ignore knowing they have covered their you know what. I get clients coming to me with a short time until the statute runs because they thought the insurance company would treat them fairly. The insurance companies hope people... View More

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Probate for Louisiana on
Q: can i contest beneficiary of life insurance in louisiana

3 policies purchased in the 70s

beneficiary was changed twice, lastly to my dads oldest son

they had a falling out about a year prior to his death

dad changed his will to exclude his son from getting anything

multiple people including non family members know of the... View More

Anthony M. Avery
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answered on Aug 22, 2023

You will need to check the exact insurance beneficiary designation. Only if it went to the decedent's estate would it go through his will. Usually the designated beneficiary gets the money and it does not go through the estate. A disinheritance in the will does not effect an insurance... View More

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3 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: Should I sign

A PI came to my house from the other party insurance asking me to sign a paper stating that I was not injured or for damages.. in this accident I hit a car(Nissan) that hit a pedestrian and another car(Tesla). The Tesla insurance sent the PI to my house to sign this paper because they are suing the... View More

James L. Arrasmith
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answered on Aug 10, 2023

It's important to be cautious before signing any document related to a legal matter. Consult with your own attorney before signing any papers provided by the opposing party's insurance or their representative. Their interest may not align with yours, and you should fully understand the... View More

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2 Answers | Asked in Insurance Defense and Car Accidents on
Q: Hi, my little sister was pulling out of a road and hit somebody riding an escooter. He had no insurance.

He wasn’t looking where he was riding and he is trying to get money out of her

T. Augustus Claus
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answered on Aug 3, 2023

If the e-scooter rider is claiming damages or injuries, your sister should report the accident to her insurance company as soon as possible. The insurance company will investigate the claim, assess the liability, and determine if any compensation should be paid. It's crucial for your sister to... View More

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1 Answer | Asked in Real Estate Law, Banking, Business Law and Insurance Defense for Michigan on
Q: Mortgage company forcing me to pay for their inspection on an insurance claim to release insurance check.

The current mortgage company acquired my loan a few years ago as the original lender sold it off. I have never been late, have a credit score of well over 800, paid extra over the years, and have 23 months until the loan will be satisfied. As such I have over 90% of the equity (even by the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 11, 2023

What does your mortgage say? IF it says they can randomly require you pay for inspections, then yes, they can do what you describe. If it says they can force you to pay for inspections whenever work is done on the property that too is something they can do.

If it doesn't say that,...
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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 6, 2023

I agree with Mr. Black's answer. I don't agree with Mr. Selik's answer regarding the need to pay $$ to an independent attorney to supervise the insurance company and their attorney, unless there is some indication that they are not doing right by you. Your insurance company has... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 6, 2023

If you and your husband are living together under the same roof, even though the car is registered in your name, he should also be an co-insured under the same insurance policy. Turn over any summons that you get from the accident victims lawyer to your insurance carrier, and they should provide a... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 6, 2023

While it is possible they can go after your personal assets it is unlikely. Your insurance will cover you. Get your own attorney just to supervise the insurance company and insurance defense attorney to make sure you are protected.

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3 Answers | Asked in Personal Injury, Products Liability, Car Accidents and Insurance Defense for West Virginia on
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.

He was in a bad accident who by no fault of his own.

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2023

I'm sorry for your friend's injuries - I hope they can make a healthy recovery with proper medical care. A West Virginia attorney could advise best about local resources. You've probably been searching online and may have already been in touch with local attorneys. In addition to... View More

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3 Answers | Asked in Personal Injury, Products Liability, Car Accidents and Insurance Defense for West Virginia on
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.

He was in a bad accident who by no fault of his own.

D. Michael Burke
D. Michael Burke
answered on Jul 3, 2023

You, or your friend, should contact a personal injury attorney in Point Pleasant. If you can't find one in Point Pleasant, try Huntington or Charleston. Once you find an attorney who can help your friend, the attorney can analyze and evaluate your friend's case. I am curious, when was... View More

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4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: How long does it typically take for a personal injury lawyer to get a demand letter approved and sent to ins company?

I’ve been working with this firm for maybe 4-5 months. While working on my parked food truck, I was hit by a commercial vehicle which has caused 6 slipped discs and 2 herniated discs. I’ve gone through treatment, gotten injections and will have to get treatment every 6 months. I was completely... View More

Michael W. Horst
Michael W. Horst
answered on Jun 20, 2023

I do agree, something seems off. It is generally the case that once a client's medical treatments are finished, it can take anywhere from 2 - 4 weeks to obtain all of the client's medical records and bills. Every now and then there will be difficulty getting a record or a bill but that... View More

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4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: How long does it typically take for a personal injury lawyer to get a demand letter approved and sent to ins company?

I’ve been working with this firm for maybe 4-5 months. While working on my parked food truck, I was hit by a commercial vehicle which has caused 6 slipped discs and 2 herniated discs. I’ve gone through treatment, gotten injections and will have to get treatment every 6 months. I was completely... View More

Tristan Blain Morrison
Tristan Blain Morrison
answered on Jun 20, 2023

The time that it takes to prepare a good demand depends on how complicated the case is. If you were in a commercial vehicle, have major injuries, and got hit by another commercial vehicle, your situation is complicated, and the demand will likely take longer to prepare. The demand can't really... View More

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1 Answer | Asked in Consumer Law and Insurance Defense for Florida on
Q: I have a check from my homeowners insurance for $8000 to replace my roof. Do I have to use it to replace my roof?

I am really not planning on doing that but I am behind in my mortgage and could use some of it for debt purposes. Otherwise I would like to know if I can deposit it and hold onto it because I cannot meet the financial obligation to meet a deductible of $4,000

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2023

A Florida attorney could advise best, but your question remains open for four weeks. Until you're able to discuss with a local attorney for definitive and state-specific guidance based on applicable insurance laws, in general nationwide, insurance carriers might not bother to enforce that... View More

2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Insurance Defense for Colorado on
Q: Regarding LLC's and "personal" liability umbrella policies

I have several properties in CO, each in it's own separate LLC with me as the only member of each LLC. Does having all the LLC's insured under a PERSONAL liability umbrella defeat the entire point of the LLC's, (which is to keep each property only individually "liable" and... View More

Miles Williams
Miles Williams
answered on Jun 2, 2023

Hi there, generally your personal liability policy is not going to cover the properties owned by the LLC given that the LLC is not the insured on the policy. You would need to read the policy to be certain. An umbrella policy for all of them could be a solution if there was adequate coverage and... View More

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