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My main water line within my property lines broke. I filed a claim with my home warranty to cover the damages. They state that the damage isn't covered as it's not within their Covered Items (this is correct). However, their contract also states that leaks within the Covered Home are... View More
answered on Sep 9, 2024
I would not attempt to interpret the contract without seeing the contract. However, home warranty contracts are not considered to be insurance. Therefore, there is no such thing as an action for bad faith against a home warranty company. At most, you could sue for the cost of the repair.... View More
My car was hit while it was parked, and totaled by a Fred Loya insured driver. It was then towed, and stored at a tow yard. I was told by fred loya they would pay the fees of roughly 535$, and pick my car up. 15 days later I got a call from fred loya, saying they would only pay 440$ for the tow... View More
answered on Jan 23, 2024
Fred Loya is by far the worst insurance company I have ever dealt with, and I have been practicing law for 35 years. I would not waste my time negotiating with them. Instead, file a small claims court lawsuit against the driver who hit your car (assuming the damages are $10,000 or less). You... View More
My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I... View More
answered on Jun 5, 2023
If you have collision coverage, make a claim on your own insurance and stop dealing with the other driver's insurer. Your insurer will total the car, pay you the fair market value, and then get the money back from the other driver's insurers including the deductible.
If you do... View More
I live in Ventura county, CA and got in an accident that was my fault but my insurance company isn’t paying anything out - not for my loss or the people I hit; they aren’t even returning my phone calls. What can I do? Can I sue for anything over the limit, I.e., for frustration or anything like... View More
answered on Apr 3, 2023
There are basically two possibilities. One is that there is a legitimate coverage issue that your insurance company is investigating. Usually, when that happens, the insurance company will let you know in writing that there may not be coverage, and therefore it will not pay your claim immediately... View More
from the commercial insurance servicing my fleet. However, they agreed to pay the claim but I have sense been getting the run around. I have left voice messages and sent emails I am unable to get a live person on the phone or anyone to respond. Any suggestions????
answered on Feb 23, 2023
It depends on how much time has passed since you first reported the claim, and whether you have complied with all of the conditions of the policy. Assuming you have done everything right, and more than 40 days have passed, your insurance company is engaging in bad faith. If the value of the claim... View More
Also they said we didn't file a report on time 24 hours of incident. We filed when we found out. ..
answered on Dec 23, 2022
Your testimony that your trailer was stolen is evidence that it was, so your insurance company is incorrect. You do have an obligation to file a police report within 24 hours after you discovered the theft, but obviously you cannot report what you don't know about.
It sounds like your... View More
answered on Dec 21, 2022
Some doctors do not want to get involved with disability claims, personal injury claims, or litigation and that is there choice. There is nothing you can do about it. Your only alternative is to go to a different doctor.
My insurance company had already found me 100% liable without the chp report being released
What type of lawyer handles this type of case?
answered on Nov 15, 2022
Its not clear what you are asking. Your insurance company has a duty to defend (retain a lawyer on your behalf) and indemnify you (pay any settlement or judgment up to the policy limit). If your insurance company is disputing coverage, you need an attorney who specializes in handling insurance... View More
Part was stolen over 2 months ago, still don’t have use of my vehicle. Can’t afford replacement out of pocket.
Spoke to supervisor at my insurance company, says I will need to pay for the new part because catalytic converters are parts subject to routine replacement; like batteries and... View More
answered on Oct 20, 2022
I agree with you. Its not betterment. A catalytic converter does not depreciate because the useful life is essentially as long as the useful life of the car. Do you have anything in writing from the insurance company taking this position?
One approach would be sue the insurance company... View More
I have been under investigation with Geico because they wanted me to prove that the hit and run occurred even though I have pictures of my car and a police report. A few days later someone mistakenly vandalized my car bashed in all the windows and slit all the tires and the police arrested the man... View More
answered on Mar 28, 2023
If you have uninsured motorist coverage, you may be able to recover medical expenses and pain and sufffering. Otherwise, you are out of luck unless the police catch the hit and run motorist, and he either has insurance or assets or both.
We lost our home in the Tubbs Fire on 10/09/17 in Santa Rosa, CA. Still dealing with Nationwide. They are saying the fence is under coverage "B", Other Structures. I am arguing the fence should fall under coverage "A", Dwelling because it was attached to the house on both sides.... View More
answered on Oct 10, 2022
Fences are always considered to be other structures. I don't know of any California cases that hold differently, and I suspect that the Texas case you cited has some unusual nuance to it that led to that result. Given that this fire occurred over five years ago, its hard to see how you could... View More
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... View More
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... View More
May 27th, 22 My car was hit by a drunk driver while parked. I reached out to their insurance for a settlement. It has been over 30 days since they approved the claim. However, they still haven't paid out. I have provided them with Photos, police report, and police documentation # to request... View More
answered on Jul 7, 2022
These time limits you speak of (California Code of Regulations section 2695.7 do not apply to third party claims. The at-fault party's insurance company can simply refuse to pay. If that happens, your only recourse would be to sue the at-fault party. This is why it is almost always a... View More
I took my car to pep boys because it’s belt was screaming. Had evaluation for 19.99 which I paid. Got estimates for $731. This is a covered repair and we had paid for extended warranty 3000. So call west coast, aka protective to get authorization. They told me I should take the car back to seller... View More
answered on Jun 17, 2022
Unfortunately, automobile warranties are not considered insurance and there is no way to sue the warranty company for bad faith. At most, you have a breach of contract claim worth $731. Give the warranty company a reasonable chance to authorize the repair. If they do not, your best bet would be... View More
What kind of lawyer would I need for this case
answered on May 31, 2022
You need an insurance coverage lawyer. You did not supply enough detail to get into the specifics of your case, but it sounds like you might have recourse against the insurance company if it paid out based on a forged document and you did not get the money.
I am looking for a lawyer to help me resolve my auto insurance claim. I got my car stolen last august and retrieved it the same month. My insurance refused to total the car out because they claimed it was fixable. It’s been 9 months and my car is still not repaired. I want to know if there is... View More
answered on May 27, 2022
Whether or not you have a bad faith case against your insurance company comes down to a lot of details you did not provide. If you do have a case, you should be able to recover the entire rental car costs (not just the 90 days) plus other damages including financial damage, emotional distress,... View More
Letters were sent to both Insurance co. and mitagation co. about appliances (outside) being ruined and asked for replacement payment. Both denied responsibility. The mitagation co. wrote back stating that they are not responsible and turned it back to insurance co. The reason why I decided to take... View More
answered on Apr 22, 2022
I would have sued both of them in the same case, and if they wanted to blame each other -- let them. They are both responsible for what happened. As far as you're concerned, it does not matter how you allocate the loss.
Insurance company or water mitigation company who I hired? Water mitigation company wrapped up appliances and set them outside in backyard. However, insurance company never told me that I could have asked the mitagation company to put them into a storage locker while the repairs were done.... View More
answered on Apr 14, 2022
Both the mitigation company and the insurance company are responsible. The mitigation company because they should have known not to leave appliances wrapped in plastic in your backyard. Thus, they negligently caused the property damage. The insurance company has a duty under the insurance... View More
My business has gone down hill because I DO NOT HAVE TRANSPORTATION. I paid for the highest package and never received one ounce of what their contract stated. This is fraud and I need an attorney asap. I am in San Diego but my insurance agent is in Beverly Hills.
answered on Feb 2, 2022
I suspect there is more to the story, but basically you have probably have an insurance bad faith claim against the insurance company, not the agent. I would contact the adjuster and/or the adjuster's supervisor and find out why they have not settled your claim. Sometimes, the resolution of... View More
My Insurance Company breach our policy by refusing to thoroughly investigate Claims
answered on Jan 21, 2022
What is your question? If you are asking if you have a case, I would need the entire story. Failure to investigate, by itself does not make for a bad faith case. There has to be damages caused by the insurance company's unreasonable claims handling.
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