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California Insurance Bad Faith Questions & Answers
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

1 Answer | Asked in Personal Injury, Civil Rights, Identity Theft and Insurance Bad Faith for California on
Q: What are the laws for car ownership in CA? My grandma took my car and she won't tell me where it's at I need it back

My grandma who went with me and offered to be a co signer so I can purchase a car with my own money $5,000 and she OFFERED TO ADD ME TO HER INSURANCE and than after three days she went and got a loan to pay for car she also took my name off the papers ownership she did this without my knowledge... View More

James L. Arrasmith
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answered on Jul 18, 2024

In California, if you purchased the car with your own money and your name was initially on the ownership papers, any change to the title or ownership should have required your consent and signature. If your grandmother removed your name from the ownership documents without your knowledge, this... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I booked a car shipment on uShip and bought insurance from them, but they are not replying after a huge accident. Help!

I booked a car transport service and while being towed it was totalled by a semi that fell asleep behind the wheel. Our own insurance doesn't cover it because we were not in the car and it looks like the semi's USDOT # is invalid so they might not be insured either. We are looking to get... View More

James L. Arrasmith
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answered on Jul 18, 2024

In California, if you're experiencing a lack of response from the insurance company provided through uShip, you should first document all your communications with them, including emails, calls, and any responses or lack thereof. This documentation is essential if you need to escalate the... View More

2 Answers | Asked in Criminal Law and Insurance Bad Faith for California on
Q: I tried to but it not a question It's against car insurance bad faith claim No accident happen
Tim Akpinar
Tim Akpinar
answered on Jul 11, 2024

Bad faith claims could be difficult - there are various grounds for bad faith. An attorney would be able to advise more definitely after reviewing the file and communications - and whether it would be cost effective to pursue. Good luck

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1 Answer | Asked in Insurance Bad Faith for California on
Q: My policy has a Cash Value Rider, can insurance company force conversion to paid-up insurance non forfeiture option?

My policy had a Cash Value Rider included. Been paying for 15 years but lapsed beyond grace period due to a move where mail forwarding was missed. Reinstatement application was declined. Does this mean I, policy owner, can request refund of premium paid towards policy? Insurance company is forcing... View More

James L. Arrasmith
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answered on Jun 19, 2024

I can provide some general information about life insurance policies with cash value riders and non-forfeiture options, but please note that the specific details and your options will depend on the terms of your individual policy and the laws of your state. It's best to carefully review your... View More

4 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: Can an insurance company ignore my request to settle a 998 offer? I am the defendant.

The insurance company I am under received a 998 offer , it is within my policy limits but they want me to continue to fight the case. I want to settle this case and allow my policy to pay it. Can they ignore my request ,drag this case out to trial? Even though I will suffer the most damage in the... View More

William John Light
William John Light
answered on May 28, 2024

The decision to settle or litigate belongs to the insurance company. If it exposes you to a judgment in excess of your policy limit, it might be responsible to pay the entire amount. You should probably send the adjuster a letter, certified mail, demanding that it, alone, be responsible for any... View More

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Had a total loss on my vehicle in 11/2023. It's been six months, no payment from Gap Insurance. What can I do?

All paperwork has been submitted and accepted from GAP insurance company-Smart AutoCare. They keep telling me its "processing". Meanwhile, I am still making payments on a vehicle I no longer possess. Please help.

James L. Arrasmith
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answered on May 24, 2024

Under California law, if your GAP insurance company is delaying payment without a valid reason, you have options to resolve the issue. First, document all your communications with the insurance company, including dates, times, and the names of representatives you spoke with. This record will be... View More

1 Answer | Asked in Contracts, Civil Litigation, Insurance Bad Faith and Securities Law for California on
Q: What would a cause of action be if an ins co rescinded changes an owners POA made w/out serving Notice of Rescission 1st

The ins company had to know or at very least became aware of the fact service of Notice of Rescission prior to exercising rescission is a California statutory requirement,"no Notice, no rescission." Americo was repeatedly asked to provide the citation, code or case law relied on to... View More

James L. Arrasmith
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answered on May 22, 2024

Based on the information provided, it seems that the insurance company (Americo) rescinded changes made by the policy owner through a Power of Attorney (POA) without properly serving a Notice of Rescission as required under California law. This action by the insurance company could potentially give... View More

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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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

T. Augustus Claus
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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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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

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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