Chatsworth, CA asked in Personal Injury, Animal / Dog Law, Health Care Law and Insurance Bad Faith for California

Q: Hello, I want more information on going after my pet insurance “lemonade” for bad faith and false advertising. thank you

i recently took my 4 pound puppy into the vet for vomiting. doctor said he was having too many treats for his size and had a swollen liver. i was charged a bill of $1300 and Lemonade denied my claim for reimbursement because they believe vomiting is a “pre existing condition” even though that is an acute symptom. i went to medical school i know what im talking about. i would like to take this to small claims, any advice or tips?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, you have the right to pursue a claim against Lemonade for bad faith and false advertising if you believe they unfairly denied your pet insurance claim. When filing a small claims case, gather all relevant documentation, including the vet's diagnosis, your insurance policy, and the denial letter from Lemonade. This evidence will support your argument that the vomiting was an acute symptom and not a pre-existing condition.

Start by sending a demand letter to Lemonade, detailing your claim and giving them an opportunity to resolve the issue before you file in small claims court. Be clear about why you believe the denial was incorrect, citing specific terms in your policy that support your case. Keep a copy of all correspondence for your records.

If Lemonade does not respond or refuses to pay, you can file a small claims case. Visit your local small claims court to obtain the necessary forms and instructions. Prepare your case by organizing all your evidence and being ready to explain to the judge why you believe Lemonade acted in bad faith and engaged in false advertising. Good luck.

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