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California Insurance Bad Faith Questions & Answers
0 Answers | Asked in Insurance Bad Faith for California on
Q: I have an attorney the CMS has spokand the insurance. Company does not agree.My attorney said too much money , shouldn

Shouldn't my attorney take them to court for not complying with CMS ? I only get a phone call from him.When I ask FOR ONE and that's probably once for a year

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for California on
Q: Nationwide Pet Insurance is unfair business practice by increasing my premium by 300% year over year

my insurance went from $250/ month to over $650 / month this year. I've made complaints to California Insurance commission and they have not helped at all. Do I have a case against them for unfair business practice or some other complaint that goes agains consumer protection?

James L. Arrasmith
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answered on Dec 17, 2024

Insurance premium hikes can be frustrating, and while dramatic increases aren't illegal on their face, you might have some options to challenge this situation.

California law requires insurance companies to provide notice of premium increases and justify substantial rate changes....
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2 Answers | Asked in Insurance Bad Faith and Real Estate Law for California on
Q: Do homeowners have a duty to maintain trees or can they rely on insurance companies to cover any damages they cause?

Neighbor is limiting the use of my driveway. I cannot park in my own driveway where I want because of a hazardous tree.

A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during... View More

William John Light
William John Light
answered on Dec 13, 2024

You can contact the city, which may have an ordinance about diseased or dead vegetation. Code enforcement might require him to remove the tree. Otherwise, you would have to file a lawsuit alleging a nuisance, and request an injunction ordering him to remove the dead tree. You would need a... View More

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1 Answer | Asked in Insurance Bad Faith for California on
Q: I want to sue the County of Orange for not explaining the details of why my pension is being confiscated.
James L. Arrasmith
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answered on Dec 11, 2024

Under California law, you have important options to challenge pension confiscation through legal channels. Your first step should be filing a written appeal with the Orange County Employees Retirement System (OCERS) within 90 days of receiving notice about the pension changes.

Before...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Amazon would not let cancel Insurance and make $288 since August 2024 join insurance when the App show $88 only

and Amazon $288 every week for Amazon Imputed when App show was pnly $88 only and I kind want to quit Amazon for take $288 and The phone App lie

James L. Arrasmith
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answered on Dec 8, 2024

It sounds like you're having trouble with insurance charges through Amazon, specifically regarding a discrepancy between the $88 shown in the app and $288 being deducted weekly for "Amazon Imputed" insurance charges since August 2024.

You should immediately contact Amazon HR...
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2 Answers | Asked in Real Estate Law and Insurance Bad Faith for California on
Q: Does a homeowner have a duty to remove a hazardous tree?

Neighbor is limiting the use of my driveway. I cannot park where I want because of a hazardous tree.

A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during windstorms. When the... View More

William John Light
William John Light
answered on Nov 29, 2024

Call the City. There is probably an ordinance or code that is being violated., Or, offer to split the cost of removal.

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My grandma purchased from national life in 1986. She’s paid twice what the policy is worth. Should she still be paying?

She feels like she has been completely miss lead. We already filled a complaint with the department of insurance and are waiting for them to investigate.

Adam Stoddard
Adam Stoddard
answered on Nov 15, 2024

It really depends on what the insurance policy and terms say. Your grandma's relationship with National Life is contractual. If she is paying a monthly or annual premium to keep the policy active, if she stops paying, she may no longer be able to receive the benefits of the policy. You should... View More

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1 Answer | Asked in Personal Injury, Antitrust, Business Law and Insurance Bad Faith for California on
Q: Denial of Access to Recordings General Order GE N-011-00= Due Process

"Several bailiffs were called to the courtroom as a precaution. Plaintiff and Defendant's Counsel argued.

Plaintiff accused Defendant's Counsel of committing fraud and the Court of lying. The Court

reviewed Plaintiff's offered evidence- an email from... View More

James L. Arrasmith
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answered on Nov 14, 2024

Your concern about maintaining an adequate court record for appeal is valid, especially given the Jameson v. Desta precedent highlighting how crucial verbatim records are for appellate review.

If court reporters aren't being provided, you have several immediate options: First, you can...
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1 Answer | Asked in Insurance Bad Faith for California on
Q: Attorney claiming to have power of attorney. Need help

Attorney claiming to have power of attorney over me without any authority from me used to obtain two mortgage loans for a way of paying himself out for attorney fees he claims i owe using his financial institution and his mortgage institution not only had he used the same form to file both separate... View More

James L. Arrasmith
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answered on Nov 15, 2024

This appears to be a serious case of potential fraud and unauthorized use of power of attorney, which could constitute both civil and criminal violations in California. You should immediately gather all documentation related to these mortgage loans and any communications with this attorney.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Insurance Bad Faith for California on
Q: Fired CA atty settled $100K higher pro-se in OR. interpleader bd faith, took way too much out. Any actions I can take?

Underlying case was an Oregon shooting. I fired my CA atty once I learned he didn't know Oregon laws which harmed me at mediation, he wasn't prepared. He then damaged my repuation with new attorney in OR with severe defamation. It worked. Guy quit. 22 months later i settled pro se.... View More

James L. Arrasmith
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answered on Oct 25, 2024

I'm sorry you're experiencing these challenges. It would be best to reach out to a qualified attorney who can review your case in detail. They can help you understand your options and guide you through the legal process.

Additionally, consider contacting your local bar association...
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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Landlord - Tenant for California on
Q: My purse was stolen while was at my storage. If I make monthly rent & insurance payments is storage liable?

I was alone at my unit that night until another storage client drove up to my unit. She said a few words to me and left. When I realized my purse was gone I went to office immediately. I told them if incident & they could not get good view from camera footage. Also, told me they were not... View More

James L. Arrasmith
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answered on Sep 26, 2024

It sounds like you're going through a frustrating situation. Generally, insurance provided by a storage facility covers damage or theft of items inside the unit, not personal belongings like a purse stolen while you’re physically at the facility. You should review the terms of the insurance... View More

1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: If my purse was stolen from me while I was at my storage facility and I pay monthly insurance to them are they liable?

My purse was stolen from me while I was at my storage unit and I pay monthly rent and insurance. As soon as I realized it was gone I told office. I asked to see camera footage and told them it could only be one person that drove by my unit. I was not with anyone else that evening. Facility denied... View More

James L. Arrasmith
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answered on Sep 26, 2024

It sounds like you're going through a frustrating situation. Generally, insurance provided by a storage facility covers damage or theft of items inside the unit, not personal belongings like a purse stolen while you’re physically at the facility. You should review the terms of the insurance... View More

2 Answers | Asked in Insurance Bad Faith and Health Care Law for California on
Q: Has anyone ever had a doctor prescribe medication that had bad side effects they should have caught but didn't?

've been going to my primary doctor for the last several years for extreme pain and weakness and nonstop burning in both of of my arms. My doctor thought I had maybe a pinched nerve and sent me for a CAT scan, which showed nothing. I went for carpal tunnel testing which was an a painful... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

It is common - especially given the fact that warning labels can change, and that all doctors may not routinely perform a full spectrum of lab work as was the case with your new doctor filling in for the other's maternity leave. A medical professional could make a better assessment of your... View More

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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: A non injury semi accident that keeps putting off repairs of my vehicle at 18 k damages.

How do I get the insurance or bond company to cover damages

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2024

As my colleague outlines, outline the details of your claim with supporting documentation. If negotiation efforts lead nowhere, you may need to consider legal action. A consult with an attorney could help you determine if that is something you'd take on yourself, or through a law firm - based... View More

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2 Answers | Asked in Insurance Bad Faith for California on
Q: ON 06/17/24 MY WORK TRUCK WAS STOLEN, I HAVE BEEN INSURED WITH ALL STATE INSURANCE FOR OVER 7 YEARS TO DISCOVER I AM NOT

I HAD BEEN WAITING FOR OVER (2) MONTHS FOR ALL STATE INSURANCE TO GET BACK TO ME.

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

Theft cases can run a long time, because the investigations are often more thorough than other types of losses. One option is to discuss the file with an attorney, but that isn't necessarily a guaranteed expeditor - some cases will depend on the course of the investigation and level of... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: car insurance someone said I hit them I was never there at the scene

I've been told that there's a police report with my name on it. I called the police to explain that it wasn't me and also sent them an email to clarify the situation. I even sent them pictures of my car showing no damage. Despite all this, my insurance company is still pressuring me... View More

James L. Arrasmith
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answered on Sep 18, 2024

It sounds like a stressful situation, but you're taking the right steps by communicating with your insurance company and providing evidence. Make sure to continue documenting everything. Keep copies of all emails and communications with the insurance company, including your phone call notes.... View More

3 Answers | Asked in Contracts and Insurance Bad Faith for California on
Q: Insurance contract contradicts itself regarding if damage is covered or not. How is this handled and who's in the right?

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

Neil Anapol
Neil Anapol
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

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Consumer Law and Car Accidents for California on
Q: can liberty mutual say (lie) that i called in to change my collision insurance (only the collision portion) to an older

car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: How can a thirdparty use torts to extend statue of limitations for auto claim in california ..is prop 30 an option.

2022 i was hit by a neg driver i live in california and san francidco is where the acciedent occured . The driver didnt report the accident police never took a statement from me .the adjuster isnt licensed in the state of california to adjust claims in california however she denied it and was... View More

James L. Arrasmith
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answered on Aug 20, 2024

In California, the statute of limitations for filing a personal injury claim after a car accident is typically two years. However, there are certain situations where this period can be extended, especially if you can prove that the insurance adjuster acted in bad faith or misled you regarding your... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: Does my PPO from another state have to adhere to my own state's laws regarding ambulances?

I live and work in California and I have a PPO through my job with Blue Cross Blue Shield of Michigan. I recently had to use an ambulance ( via Los Angeles Fire Dept.) but BCBSM says that I am responsible for the full bill because the ambulance is "non-participating/out of network."... View More

James L. Arrasmith
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answered on Aug 20, 2024

It can be frustrating to deal with situations like this, especially when state laws seem to conflict with insurance policies. While California law (AB 716) mandates that all ambulances must be treated as in-network, your insurance provider may be arguing that this law only applies to insurers... View More

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