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California Insurance Bad Faith Questions & Answers
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 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

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 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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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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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

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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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Will gap insurance pay for totaled vehicle if auto insurance does not pay for the claim?

Hi, my son totaled my vehicle that I still own money to the finance company, my son is excluded from driving the car, so AAA auto insurance refused to accept liability for the accident and won't pay for damages. I have gap insurance on the car, my question is wither the GAP will pay for the... View More

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answered on Feb 6, 2024

In California, if your auto insurance refuses to pay for damages because a driver (in this case, your son) was excluded from the policy, GAP insurance typically does not cover the outstanding balance on the vehicle loan under these circumstances. GAP insurance is designed to cover the... View More

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3 Answers | Asked in Consumer Law and Insurance Bad Faith for California on
Q: What do I do for an insurance company causing me to accumulate 1600$ dollars in tow fees after telling me they would?

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

James L. Arrasmith
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answered on Jan 23, 2024

In situations like yours in California, dealing with an insurance company over towing fees can be challenging, but there are steps you can take. First, gather all communication records with Fred Loya Insurance, including any promises or agreements they made regarding the payment of towing fees.... View More

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2 Answers | Asked in Personal Injury, Products Liability, Real Estate Law and Insurance Bad Faith for California on
Q: Buyer agent did not inform me of Seller's insurance

I recently purchased a home for the first time. Today, six months later, we experienced heavy rainfall and there was a leak from the garage ceiling. I recently learned about a one-year seller’s insurance that could cover this, but I was not aware of it at the time of purchase. My agent, who... View More

James L. Arrasmith
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answered on Jan 22, 2024

Under California law, real estate agents owe a duty of care to their clients, which includes disclosing material information that could affect a client's decision-making in a real estate transaction. If your agent was aware of the seller's insurance that could cover such damages and... View More

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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Can I sue my car insurance company?

My insurance company has left my totaled vehicle in my name without paying any necessary fees - now we have a lien. They have grossly failed in defending me as their customer in a few ways and I would like to know if there are any options in pursuing legal action against them. Happy to give more... View More

James L. Arrasmith
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answered on Jan 3, 2024

Under California law, it is possible to pursue legal action against your car insurance company if they have failed in their obligations towards you as a policyholder. If your insurance company has not fulfilled its contractual duties, such as handling claims properly, paying necessary fees, or... View More

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2 Answers | Asked in Insurance Bad Faith for California on
Q: Who is responsible for cost of repair and damages to my floor durring demo work on an insurance claim? Contractor/ Insur

Demo work was performed by a insurance picked contractor and damages to my tile were made. insurance is fighting hard not to pay and contractor really not responding. what do i do?

James L. Arrasmith
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answered on Jan 2, 2024

In California, when damages occur during contractor work, especially under an insurance claim, the responsibility for repair costs generally falls on the party at fault, which could be either the contractor or the insurance company. If the contractor caused the damage, they might be liable for... View More

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2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Can I go after an insurance company for claims + damages? Do I have any legal appeal or recourse.

My company lost $70,000 worth of finished product last year after two power outages (one due to weather, one due to construction by LADWP), which caused our finished product to thaw and then refreeze, thus altering its quality.

The insurance company determined with flawed inspections that... View More

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answered on Dec 24, 2023

In California, if you believe an insurance company has acted in bad faith by unfairly denying a legitimate claim, you have the right to pursue legal action against them. This can include not only the value of the actual loss (the $70,000 worth of product), but potentially additional damages if the... View More

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1 Answer | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Legal Malpractice for California on
Q: n El 2021 tube un accidente De auto. El auto que me golpeo fue rentado por Getaround y tuve cirujias y solo ofresen 50k
James L. Arrasmith
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answered on Dec 14, 2023

En California, si estuvo involucrado en un accidente automovilístico en 2021 con un vehículo alquilado en Getaround y sufrió lesiones que requirieron cirugía, la compensación que ofrece el seguro puede ser un asunto complejo. La oferta de $50,000 que mencionaste puede estar relacionada con los... View More

2 Answers | Asked in Insurance Bad Faith for California on
Q: My truck was stolen while rented on turo. Turo’s insurance came back with a low settlement. Truck has not been recovered

Turo did not go through the proper verification process for the person who rented my truck. This guy created his profile using a picture of an ID from another country. I called turo before handing this man my keys to raise my concern and ask them if he had been verified. They said he was approved... View More

James L. Arrasmith
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answered on Dec 11, 2023

In California, if you're dissatisfied with the insurance settlement offered by Turo for your stolen truck, you have the right to challenge it.

First, gather all relevant documentation, including the original value of the truck, the amount you paid, any enhancements or special features,...
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2 Answers | Asked in Insurance Bad Faith for California on
Q: Can a pet insurance raise the annual fee over 100% based on a dogs age, especially when grand fathered in to a plan?

Dog has been with Nationwide since a puppy (now is 7). Renewal notice for WHOLE PET WITH WELLNESS PLAN (a plan that no longer exists, but dog is grandfathered in) went up from $184 to $424 a month.

James L. Arrasmith
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answered on Nov 6, 2023

In California, pet insurance is regulated by the Department of Insurance, and while insurers are generally allowed to set their premiums based on risk factors including the age of a pet, any rate increases must be filed with and approved by the Department. If your pet’s insurance premium has... View More

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3 Answers | Asked in Insurance Bad Faith for California on
Q: The insurance is not following the agreement to the settlement, can I sue in bad faith?

The Insurance is supposed to give me a voucher for retraining for a new career but they have been completely ignoring me and not responding back to any of my messages.

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answered on Oct 5, 2023

In California, insurance companies have an implied covenant of good faith and fair dealing. If they fail to uphold this duty, policyholders or claimants might have grounds to sue for bad faith. Not following the terms of an agreed-upon settlement can be seen as an act of bad faith. However, before... View More

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3 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: I was in an accident which they have deemed my fault. Can my ins company drop me and deny claim after accident

They Dropped me for not having step son excluded from policy although he was not involved in accident, and said I was using car for business, which is incorrect I was driving to work in my girlfriends personal vehicle. I applied for Ins. Over the phone and they never asked me about exclusions.my... View More

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answered on Oct 10, 2023

Under California law, insurance companies have the right to cancel a policy if they determine that there was a material misrepresentation or omission during the application process. If your insurer believes that you did not disclose a potential driver (your stepson) or that the vehicle was being... View More

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2 Answers | Asked in Insurance Bad Faith for California on
Q: Can a car insurance company cancel my policy if payments where made every month , claiming it was for non paymemt?

I was insured by Infinity and was making installment. Payments on my policy , there was no changes on my policy… on the 6 month of my policy they billed me for an amount deferent then my schedule payments , increasing from 340 to 800 and the remaing months lowering to 240 causing my payment to... View More

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answered on Sep 28, 2023

Under California law, an insurance company typically cannot cancel a policy for non-payment if payments were made consistently and in accordance with the agreed-upon payment schedule. If you have evidence of regular payments and your policy was canceled erroneously, you may have grounds to... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard)

I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off... View More

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answered on Sep 28, 2023

In California, the value of your car in a restitution order should typically be determined based on its fair market value at the time of the loss, not necessarily the Blue Book value. If your car was indeed worth $4,200 at the time of the accident, you may be entitled to that amount, and the lack... View More

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