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California Insurance Bad Faith Questions & Answers
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

2 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Small Claims for California on
Q: whats the best legal advice for breaching a verbal agreement on an insurance claim?

i was in a minor collision with a lady that resulted in a verbal agreement between both parties to resolve the issue outside of insurance . She said, because her car was new and didn't want the value to go down it was in the best interest of both parties to pay her the damages directly.... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

This is not uncommon. If the other side is moving forward with an injury claim, you should be in touch with your insurance carrier to place them on notice of the accident. Good luck

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1 Answer | Asked in Insurance Bad Faith, Car Accidents and Small Claims for California on
Q: Property damage caused by non res./non-prop. owner & admitted fault; Insurance company paid but at depreciated value.

Housekeeper drove into/damaged 1 garage door; local companies recommend both doors be replaced. HK has admitted fault (to both property owner and insurance company); also have evidence via RING camera (which also indicates there are witnesses to accident); HK initially was going to pay out of... View More

James L. Arrasmith
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answered on Aug 7, 2024

You have a strong case to pursue the difference in small claims court. The housekeeper admitted fault, and you have evidence from the RING camera along with witness testimonies. The key issue is that the insurance company is only offering the depreciated value, while the actual cost to fix the... View More

2 Answers | Asked in Insurance Bad Faith for California on
Q: Can my insurance go against California Law if they are based in another state?

I live and work in California. I have a PPO through my job with Blue Cross Blue Shield of Michigan because the company is a chain with headquarters in Michigan, but with locations all over the US. I recently had to use an ambulance, and BCBSM says that I am responsible for the full bill because the... View More

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

I agree with my colleague. Insurance companies generally follow state regulations, even though most of them operate on a national level. You have already appealed the matter. One option may be to seek guidance from your state's department of insurance, which in most states, oversee compliance... View More

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2 Answers | Asked in Collections and Insurance Bad Faith for California on
Q: Can an insurance co. threaten to send you to collections and to ding your credit when they made a mistake and overpaid?

I have been going through cancer treatments and have been on long term disability. The insurance co. made a mistake and are now wanting me to pay back $13800.00 + dollars and have threatened me with collections. Can they ding my credit when we did not enter into a credit agreement with them?

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

Insurance companies can pursue overpayments. One option might be to discuss with your state's Department of Insurance in terms of your consumer protections and options, based on amount, nature, and timeline of overpayment. Good luck

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1 Answer | Asked in Personal Injury, Animal / Dog Law, Health Care Law and Insurance Bad Faith for California on
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... View More

James L. Arrasmith
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answered on Jul 18, 2024

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... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: car got totalled by getting transported. uShip insurance not replying

About 2 weeks ago our car was smashed by a semi truck driver who fell asleep behind the wheel, however he might be uninsured. The transport website uship is not replying to our insurance claim, what should I do?

James L. Arrasmith
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answered on Jul 18, 2024

In California, if your car was totaled during transport and the company or their insurer is not responding, there are several steps you can take. First, gather all documentation related to the incident, including the contract with uShip, any communication with them, and any police reports or... View More

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