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Questions Answered by Neil Anapol
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 California on
Q: Been 30 days since Auto Insurance approved a claim but not paid out, what happens now? California

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... Read more »

Neil Anapol
Neil Anapol
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... Read more »

1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: West coast insurance company is refusing to pay claim. It is a covered repair . What can I do? Need car back

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... Read more »

Neil Anapol
Neil Anapol
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... Read more »

1 Answer | Asked in Family Law and Insurance Bad Faith for California on
Q: I believe my father forged my signature to obtain a insurance policy pay out as well as power of attorney over me

What kind of lawyer would I need for this case

Neil Anapol
Neil Anapol
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.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Where can I find a lawyer for my auto insurance claim?

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... Read more »

Neil Anapol
Neil Anapol
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,... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Based on previous question, is it okay that I have served insurance co. for small claims court first vs. mitagation co.?

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... Read more »

Neil Anapol
Neil Anapol
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.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Who's at fault for not properly secure/protect appliances that were taken out kitchen after water burst?

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.... Read more »

Neil Anapol
Neil Anapol
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... Read more »

1 Answer | Asked in Consumer Law, Federal Crimes, Insurance Bad Faith and Small Claims for California on
Q: My car was stolen and my insurance company has done nothing to settle my claim since 4/16/21

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.

Neil Anapol
Neil Anapol
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... Read more »

2 Answers | Asked in Insurance Bad Faith for California on
Q: Would like to have a Bad Faith and Fair Dealings lawyer contact me

My Insurance Company breach our policy by refusing to thoroughly investigate Claims

Neil Anapol
Neil Anapol
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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Q: How close is the initial settlement offer to the final from an insurance company? Like night or day?
Neil Anapol
Neil Anapol
answered on Jan 11, 2022

There are way too many variables to be able to answer that question. However, if you are talking about an insurance claim, the insurance company has a duty to conduct a reasonable investigation and pay the undisputed amount. Therefore, settlement offers should be reasonably close to what the... Read more »

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1 Answer | Asked in Criminal Law and Insurance Bad Faith for California on
Q: Is it too late to report renters insurance fraud that occured more than 3 years ago?

Can someone be convicted of rental insurance claim fraud (investigated and convicted) if the crime occured more than three years back? (Less than 10 years ago)

Neil Anapol
Neil Anapol
answered on Dec 20, 2021

The statute of limitation is actually four years. However, unless you have solid evidence, its unlikely that the authorities are going to take an interest in the case or investigate it.

2 Answers | Asked in Insurance Bad Faith, Car Accidents and Small Claims for California on
Q: Can I sue the at fault policy holders insurance company for bad faith IN small claims court? I believe I have cause.

Policy holder = Door Dash (door dasher was in route with food)

The question of who was at fault is not an issue. due to limited character space available, the following is not exhaustive.

(I believe) I have documented no less than 3 instances of bad faith practices, and potentially... Read more »

Neil Anapol
Neil Anapol
answered on Dec 17, 2021

There is no such thing as third party bad faith in California. The concept of bad faith only applies in first party situations in which your own insurance company unreasonably delayed, denied, or underpaid your claim. You would lose your small claims actions, and you would be forced to pay the... Read more »

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1 Answer | Asked in Insurance Bad Faith for California on
Q: My insurance company isn't trying to pay out my claim cause I'm on wrong policy

So how do I fix this problem

Neil Anapol
Neil Anapol
answered on Nov 24, 2021

I'm going to need a lot more information to answer your question. Is it an auto claim? Whose policy are you on? Why are you on the wrong policy? Did the insurance company deny your claim? If so, what reason did the insurance company provide?

1 Answer | Asked in Insurance Bad Faith for California on
Q: To what degree your insurance company with road side assistance are liable to assist you with your emergency brake down?

Formost insurance failed to provide assistance to me , an individual with disability, because I didn't have enough money to cover the towing, they first said $2000 out of pocket and then kept chang the number. In 4 instance. I was driving my RV from LA to san Francisco. I blow 3 tires, then... Read more »

Neil Anapol
Neil Anapol
answered on Nov 15, 2021

Its impossible to answer that question without looking at the insurance policy. However, if you are correct that the insurance company breached the insurance contract by not providing roadside assistance, they owe you the cost of the service (whatever you paid the other provider to fix your tires... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: We were denied insurance claim on our RV was stolen when it was getting warranty work on it at Camping World.

Anderson California our insurance denied the claim to .

Neil Anapol
Neil Anapol
answered on Oct 25, 2021

I would need more information to determine whether your insurer was justified in denying your claim. For starters, the insurer usually sends you a letter stating all of the reasons for its denial, and citing the applicable policy provisions. If there is some kind of exclusion that fits the facts... Read more »

2 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Legal Malpractice for California on
Q: how long does it usually take to handle a stolen vehicle claim?

my car was taken from home 60 days ago. august 15th. they have had my vehicle in their custody for 60 days while im paying cash daily for a car rental and they will not/have not returned my calls or emails since on or about 9/14. my insurance which is full coverage (making payments) is paid through... Read more »

Neil Anapol
Neil Anapol
answered on Oct 14, 2021

It depends. If the insurance company accepts the claim, and there is no dispute about the value of the vehicle, a few weeks at most.

If the insurance company suspects fraud and asks for your examination under oath, it could take several months, and the insurance company might eventually...
Read more »

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1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Probate for California on
Q: If I signed a settlement agreement , is it binding or is there any way possible to back out of the agreement?
Neil Anapol
Neil Anapol
answered on Oct 13, 2021

Its impossible to answer that question without knowing more about what happened. Is it a settlement with your own insurer or a third party? Is there any way you can claim that you were fraudulently induced to sign the agreement? Was there a mutual mistake of fact that caused you to sign the... Read more »

1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: If a complaint with California Department of Insurance had been filed, will this toll the contractual statutory

period of an home insurance company ?

Neil Anapol
Neil Anapol
answered on Oct 12, 2021

Filing a complaint with the California Department of Insurance does not toll the contractual statute of limitations. However, the contractual statute of limitations is tolled during the time the claim is open. Therefore, the statute begins to run when the event triggering the claim occurs. It is... Read more »

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