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California Insurance Bad Faith Questions & Answers
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.

T. Augustus Claus
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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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4 Answers | Asked in Workers' Compensation and Insurance Bad Faith for California on
Q: Can I have a lawyer go after my Workers Comp insurance for not returning e-mails or phone calls regarding my case.

My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to... View More

Richard  Barkhordarian, Esq.
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Richard Barkhordarian, Esq.
answered on Aug 31, 2023

Filing for a hearing would likely help or better yet...hire a competent attorney. You have described some serious injuries. Do you know that most attorneys only charge 15% of the total settlement amount and that they cannot agree to any settlement without your permission? What are you waiting... View More

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4 Answers | Asked in Insurance Bad Faith for California on
Q: In california if im hit by a negligent driver while in crosswalk and the insurance company denied the claim , resinds a

And cancels the policy ..the insured has to have a policy to replace that canceled policy to avoid ..which policy covers my injury ? Its still covered by the canceled policy ?

James L. Arrasmith
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answered on Aug 29, 2023

If the insurance policy was in effect at the time of the accident, it should cover your injuries even if it was later canceled. If the insurance company denies the claim and rescinds the policy, you may need to take legal action against both the insurance company and the negligent driver to recover... View More

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3 Answers | Asked in Insurance Bad Faith, Consumer Law, Contracts and Construction Law for California on
Q: I hired a licensed plumber to repipe my condo. His workers set fire to my house and the damage is bad! What happens next

The actual plumber I hired was not present on the day the work was done. His workers had no one overseeing their work. They burned my entire wall down to charred 4x4s and the fire damaged my neighbors walls and attic as well. The workers left a mess of burned debris and a disaster of the house... View More

Treg A. Julander
Treg A. Julander
answered on Aug 21, 2023

If you don't get speedy and complete relief from the plumber or their insurer, you can make a claim against their license bond. If the amount left in the bond is still not enough to fully compensate you, you could file a lawsuit and seek not only the cost to repair your home but also... View More

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1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: My home and property was completely destroyed in the CZU Fire in 2020. We elected to purchase a different home instead.

Our previous home was 4000sqft on 4.3 acres. Our new home is 2200 sqft on 48 acres. We had a 25% Home Protector Clause for upgrades to building codes. If we had elected to rebuild we would have used all of the Home Protector because the price of a new build was upward of 600 sq/ft for new... View More

James L. Arrasmith
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answered on Aug 20, 2023

The change in the law regarding land value deduction should not be retroactively applied to claims from 2020. However, you may still have a valid argument for a fair settlement based on the terms of your policy and any applicable regulations at the time of the claim. Consult an attorney familiar... View More

1 Answer | Asked in Contracts and Insurance Bad Faith for California on
Q: Two cars were vandalized outside my apartment both with full coverage by Geico. One was repaired the other put fraud on

They dropped me . No car insurance co. Will talk to me. I have never committed fraud ever. How can they make such a huge mistake ruin my record and leave my ruined car 100 miles away and told me to bring this truck. I'm 67 and totally stressed and I feel paralyzed and I believe they are be... View More

James L. Arrasmith
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answered on Aug 15, 2023

I understand the distress you're experiencing due to the situation. In California, insurance companies are obligated to act in good faith and provide reasonable communication. If your insurance company unjustifiably labeled your claim as fraudulent, leading to dropped coverage, you might have... View More

4 Answers | Asked in Insurance Bad Faith and Personal Injury for California on
Q: Can insurance company deny to pay medical bills baed on reasonable and customary fees?

I got injured in an auto accident from other driver. His insurance company doesn't want to pay my entire medical bills only a portion of it. There reason is that they owe only reasonable and customary fees. They say that medical bills are unreasonable and "inflated." It seems like... View More

William John Light
William John Light
answered on Jul 11, 2023

Until you get a judgment against the at fault driver, his insurance company can refuse to pay you anything at all, so it is certainly entitled to dispute your medical expenses.

It appears that you are attempting to handle a personal injury claim by yourself. The insurer is not taking you...
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3 Answers | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for California on
Q: How does it go with when a lawyer who’s going after a insurance with 100k insurance policy But I don’t understand

How does it go with a insurance with 100k insurance policy I don’t understand they only want to give 4k in recovery and we can go after 100k But we have to have 100k worth of medical expenses to get that amount Now they researching and going after a hit and run so what would I get at the end I... View More

William John Light
William John Light
answered on Jun 28, 2023

You won't get $50k out of a $100k settlement. The attorney will take 33 1/3% to 40% as a fee. The attorney will be reimbursed for the costs incurred. The medical providers/insurer will be paid for the cost of care. At best, you will get about 1/3.

Nobody will tell you what your...
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1 Answer | Asked in Insurance Bad Faith for California on
Q: i carry comp collision liability uninsured mortorisst. vehicle was stolen nov21 2022 mercury ins has not paid the claim.

the car was stolen from in front of my home. i immediately called the police. my insurance adjuster called to tell me they were paying out on the claim and she had set me up with another adjuster to handle disbursement of the claim. same day the vehicle was found. It was put into a tow yard in... View More

James L. Arrasmith
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answered on Jun 17, 2023

I'm sorry to hear about your situation. It sounds like a complicated and frustrating experience.

If your insurance company has not paid out on your claim, you may want to contact them to inquire about the status of your claim and why it has not been paid. You may also want to review...
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1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: What case can you note where a CA malpractice claim can be tolled?

Need to claim a letter date than death of my husband to start the clock on a malpractice case

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2023

A California attorney could advise best, but your question remains open for a week. It could sometimes be difficult to get accurate input in terms of a case citation on a public forum. Such settings can be issue and fact-specific (for example, the discovery rule, where applicable per a... View More

2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Should I pursue a "bad faith" lawsuit for a minor (non-injury) collision, or would nothing come out of it?

I was involved in a 3 car collision in CA that was not caused by me. The at-fault insurance company has been ignoring my calls, and it's been exactly 56 days today from the date of the incident/claim (should be resolved within 40 days in CA). I have received no communication via letter or... View More

Justin R. Heim
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Justin R. Heim
answered on Jun 9, 2023

Bad faith lawsuits are filed by an insured policyholder, not a 3rd party (unless that 3rd party has obtained a judgement against that policyholder and received an assignment of rights).

It sounds like you're saying that you're a "3rd party" that got hit by their...
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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Is it normal for at fault insurance (not me) to deduct from my settlement amount for excessive damage for a totaled car?

My car was hit while I was parked in a parking lot, not in the car, resulting in it being damaged. Other party left a note and I made a claim on their insurance the same day. Other party’s insurance claimed fault for the accident, and once I took it to a shop, they totaled my car out. I... View More

Neil Anapol
Neil Anapol
answered on Jun 5, 2023

If you have collision coverage, make a claim on your own insurance and stop dealing with the other driver's insurer. Your insurer will total the car, pay you the fair market value, and then get the money back from the other driver's insurers including the deductible.

If you do...
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1 Answer | Asked in Insurance Bad Faith for California on
Q: I filed a complaint with the California dept of insurance about coercive antagonistic behavior from adjuster

he has all my written, visual and taped verbal answers to his questions about my claim. I don’t want him to keep contacting me with his intimidating behavior trying to convince me why he’s going to substantially reduce the claim his own assessor arrived at on examining the accident and damage... View More

James L. Arrasmith
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answered on Jun 2, 2023

In dealing with the adjuster, here are a few suggestions:

Document the Communication: Keep a record of all communication with the adjuster, including dates, times, and details of each interaction. This will help you maintain a clear record of the events and any concerning behavior exhibited...
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2 Answers | Asked in Insurance Bad Faith for California on
Q: Every lawyer I ask for help w/ my insurance reducing settlement says only they’ll only take personal injury cases

My car was hit from behind as it was exiting an intersection. My policy covers, but after presenting me with a settlement figure, they now repeatedly try to reduce the amount I already agreed to. I read this is called bad faith insurance. No lawyer I ask for help will take the case unless it... View More

James L. Arrasmith
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answered on Jun 1, 2023

Yes, there are lawyers who will take cases involving unethical insurance practices in California. However, it is important to note that these cases can be difficult to win, and the lawyer you choose will need to have experience in this area of law.

Here are a few things you can do to find a...
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4 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: Can an insurance company refuse to pay medical bills, because doctor doesn’t have business license?

My sister was in an accident, the other driver was at fault. Now his insurance company refuses to pay her chiropractor's bills because her doctor doesn't have a business license. He has a medical license and the chiropractic center he works at, they have a business license. But he... View More

James L. Arrasmith
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answered on May 31, 2023

In California, an insurance company generally cannot refuse to pay medical bills solely based on a doctor not having a personal business license if they are otherwise qualified to practice medicine and are working within a licensed chiropractic center. However, insurance policies can vary, and... View More

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Legal Malpractice for California on
Q: What do i do next if I fire my attorney during settling and in litigation? i want to rep myself whats my next step

my attorney was near settling my case during litigation when i discovered forged signatures while my original firm transfered my case to them. I want to negotiate myself with the insurance company because i was defrauded when my claim was transfered and i was never aware of it. as well as all the... View More

James L. Arrasmith
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answered on May 29, 2023

If you have decided to represent yourself after firing your attorney during settlement and litigation, there are steps you can take to navigate the situation. Firstly, thoroughly review the details of your case and familiarize yourself with the relevant laws and regulations. Document any evidence... View More

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