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California Insurance Defense Questions & Answers
Q: in the foregoing summarized facts and addressed to Workers Comp Appeal Employee and Insurance Lawyer..please give advice

why speculate? solicited I.M. took place around your own presumptive, imaginary allegedly in February or March in 2022.Question: Mr.& Ms. what is IM solicitation relevant with ? What is this have got to do with me? stipulation as far as recorded data and my recollection are concerned, test is... Read more »

0 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: in the foregoing subject matter was addressed to Workercomp and Insurance lawyer..please anyone can give advice. thanks

why speculate? solicited I.M. took place around your own presumptive, imaginary allegedly in February or March in 2022.Question: Mr.& Ms. what is IM solicitation relevant with ? What is this have got to do with me? stipulation as far as recorded data and my recollection are concerned, test is... Read more »

0 Answers | Asked in Insurance Bad Faith, Insurance Defense and Workers' Compensation for California on
Q: in the foregoing subject matter was addressed to Workercomp and Insurance lawyer..please anyone can give advice. thanks

why speculate? solicited I.M. took place around your own presumptive, imaginary allegedly in February or March in 2022.Question: Mr.& Ms. what is IM solicitation relevant with ? What is this have got to do with me? stipulation as far as recorded data and my recollection are concerned, test is... Read more »

0 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Since the insurance co. has been served and not the mitigation co., should I cancel the case entirely?

I did not realize I could do so from answer of the 1st question? I understood it was to be different - two suits.

Well, based on this last answer to sue them both, should I cancel the case all together, and re-up small claims filings fees and serving of paperwork? I may be out of $300,... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Based on previous question, is it okay that I have served insurance co. for small claims court first vs. mitagation co.?

Letters were sent to both Insurance co. and mitagation co. about appliances (outside) being ruined and asked for replacement payment. Both denied responsibility. The mitagation co. wrote back stating that they are not responsible and turned it back to insurance co. The reason why I decided to take... Read more »

Neil Anapol
Neil Anapol answered on Apr 22, 2022

I would have sued both of them in the same case, and if they wanted to blame each other -- let them. They are both responsible for what happened. As far as you're concerned, it does not matter how you allocate the loss.

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Small Claims for California on
Q: California State Witness statement/ testimony

California State

I sent an email last week to the insurance company asking for the full testimony/statement of the witness and what he exactly said with the specific time and specific and date of the testimony after the insurance company closed the case based on that statement and ignored... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 20, 2022

MORE INFO IS NEEDED.

IS IT YOUR INS CO? IF SO THEY HAVE AN OBLIGATION TO COOPERATE.

IF THE OTHER SIDE, THEY WILL PROBABLY SUGGEST YOU STATEMENTIZE THE WIT YOURSELF.

MAKE AN APPOINTMENT WITH A LOCAL PI LAWYER.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: How long can the insurance company wait for witness to respond?

I was involve in accident where my the rear left side of my car was hit by another car(truck) after I took a left turn and enter the TWLT area where the accident occurred inside that area between the two yellow lanes, I have all the images to prove that. No injuries occurred we didn't file a... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 6, 2022

The issue is often how much weight to give to the wit testimony. However, remember the car turning LEFT is usually presumed to be at fault ...absent other evidence.

It sounds like the damage is minimal and thus filing in small claims may get you some immediate response.

Remember you...
Read more »

1 Answer | Asked in Insurance Defense for California on
Q: In 2/20/2017 there was a flood in some areas of San Jose, CA., and my house's foundation was damaged by the water, but I

realized now because of the city's inspector report. Therefore I submitted a claim to my insurer this month.

But because of the late reporting the insurer asks me to sign a Non-Waiver Agreement. What the document is about? Should I sign it?

Thanks

Tim Akpinar
Tim Akpinar answered on Jan 22, 2022

A California attorney must advise you here, but your post remains open for five weeks. As a general concept, non-waiver agreements arise in property & casualty claims when the insurance carrier reserves its rights to investigate and defend a claim, and where it does not concede liability. This... Read more »

1 Answer | Asked in Criminal Law and Insurance Defense for California on
Q: Can a tenant be prosecuted in 2021/2022 for rental insurance fraud committed in 2016?

The tenant organized an accident severely damaging the house, rendering it uninhabitable. The owner had to repair it. The accident could have killed people in or around the home at the time and the renter collected an insurance claim. We are in California.

Dale S. Gribow
Dale S. Gribow answered on Dec 15, 2021

MORE INFO IS NEEDED.

DID YOU KNOW ABOUT IT THEN? WHEN DID YOU LEARN ALL THIS?

WHY ARE YOU NOW BRINGING THIS UP IF YOU KNEW FOR A LONG TIME???

BEFORE YOU DO ANYTHING CONSULT WITH A LOCAL LAWYER TO BE SURE YOU DON'T

HAVE ANY LEGAL EXPOSURE.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Could you answer to info on insurance adjuster?

I own a tree care company, we where providing services removing a tree stump. We had the area covered to prevent flying debris, also a 50ft edge was covering the side. On the other side of the 50 ft hedge a lady came by and said that an our earlier we had broken her sunroof window. I said I would... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

What can you expect? You can expect a demand letter from the insurance company asking you to pay for the damages and unless you pay them the insurance could be suing you for the money they paid on the homeowner's claim. If it goes to Small Claims, or any Court, they have to prove up a case.... Read more »

2 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Legal Malpractice for California on
Q: how long does it usually take to handle a stolen vehicle claim?

my car was taken from home 60 days ago. august 15th. they have had my vehicle in their custody for 60 days while im paying cash daily for a car rental and they will not/have not returned my calls or emails since on or about 9/14. my insurance which is full coverage (making payments) is paid through... Read more »

Neil Anapol
Neil Anapol answered on Oct 14, 2021

It depends. If the insurance company accepts the claim, and there is no dispute about the value of the vehicle, a few weeks at most.

If the insurance company suspects fraud and asks for your examination under oath, it could take several months, and the insurance company might eventually...
Read more »

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1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have a question about The Carmack Amendment.

I looked at the information in the link you sent. Thank you for responding.

First, I searched for "diminished", then for "only" in order to locate anything that states that property is only the physical article that was damaged and nothing else that is commonly also... Read more »

Leon Bayer
Leon Bayer answered on Sep 29, 2021

The Carmack Amendment is a 1906 revision to the Interstate Commerce Act of 1877, which regulates the relationship between shipping companies and the owners of goods under shipment. The Carmack Amendment limits the liabilities of these shipping companies, known as carriers, to loss or damage of the... Read more »

1 Answer | Asked in Insurance Defense for California on
Q: Insurance denied claim because driver was not listed on my policy, but they went ahead and paid for the other car's

damage and now 3 years later the insurance company is suing me for what they paid for other car's damage, am I responsible for this?

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Are you personally responsible for damage cause by an un-permitted driver of your car? Depends on what your policy says, but most likely yes. You should consult with a Personal Injury attorney near you and defend yourself against your own insurance company. Even if you are responsible you may be... Read more »

1 Answer | Asked in Contracts, Personal Injury, Insurance Defense and Small Claims for California on
Q: If loaner company knew I had a nonowners insurance policy does that mean they are held liable for any damage done tocar

They didn’t offer additional coverage, knew I had nonowners & loaned a vehicle. Vehicle was damaged & nonowner policy won’t cover it saying they should’ve never let me drive away with it. Am I responsible for the damages to the car? Or are they because of negligent entrustment?

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Normally "negligent entrustment" is when someone entrusts property to a third person who then injures you. Claiming to be the incompetent person to whom the property was entrusted is an interesting legal theory but it may not fly in court. You don't say how the car was damaged.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My insurance underwriter wants me to update wiring in a 120 yo home.

I bought a home in Pennsylvania recently, and there is some residual knob and tube wiring. My insurance underwriter did not do any inspection (due to covid), but is now threatening to drop coverage based on my disclosure.

I have had the home inspected multiple times, all of whom said that... Read more »

John Karas
John Karas answered on Aug 24, 2021

This is a question to pose to an insurance bad-faith attorney in Pennsylvania.

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Defense for California on
Q: I accidentally let go of the brake in my car causing it to hit the gate of the parking structure, is that a hit and run?

The manager & owner of the apartment complex want to call the police and say it is a hit & run. I offered to pay for the repair, but they don't want to do it that way. What should I do?

Dale S. Gribow
Dale S. Gribow answered on Aug 2, 2021

if while driving your car you cause damage you have to leave word on how to contact you.

Yes, technically it is a Hit and Run.

i assume your position is that you didn't see any damage and would not have known who to contact.......unlike hitting a car and leaving a note for the...
Read more »

2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: If I get into an accident while driving a company car while doing job duties will my personal insurance be affected?

I work for a self driving car company in the Bay Area and I got into an accident today where I was parking the company car during my shift and I accidentally backed up into a parked car. All collision procedures took place and I left a note on the car. There wasn’t much damage to either of the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 13, 2021

Remember that insurance follows the car.....so the insurance for the car you were driving in, should control.

there is no law that you have to report the accident to your insurance co.

when it comes up for renewal, unless they ask, I would NOT volunteer the info.

if your ins...
Read more »

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for California on
Q: is there a whistleblower reward available for reporting insurance fraud in california?

a business is allowing a doctors office to “recruit” patients on its premises. one of the managers is receiving a referral bonus (cash) for every employee that goes and has any procedure (bonus is from the dr office not from the employer). on top of that the doctors office offering new... Read more »

William John Light
William John Light answered on Apr 22, 2021

Insurance fraud is a crime, so contact the police. You can also contact the Medical Board, which licenses and disciplines physicians. dca.ca.gov/consumers/complaints/medbd.shtml

You can also retain an attorney to file your own lawsuit against the medical providers under the Insurance...
Read more »

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Car insurance said that they will not be responsible to cover my at fault collision. Are they able to refuse?

They called me 4 days after I reported that I was in a collision and informing them that I was at fault. They said that they will cancel my policy and will not cover the accident because I did not report my 15 yr old brother as a household member and he was in the vehicle at the time of the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 16, 2021

YOU NEED TO MAKE AN APPT WITH A LOCAL PI LAWYER TO DISCUSS THE MERITS OF A BAD FAITH ACTION AGAINST THEM. HAVE YOUR POLICY READY FOR THE LAWYER TO READ.

INS CO'S WILL LOOK FOR ANY REASON TO NOT PAY AND CLAIM YOU LIED OR DID NOT DISCLOSE ALL NECESSARY INFO REQUESTED.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Is a nursing home allowed to make changes to a residents insurance to meet the needs of the facility without consent?

A nursing home has made changes to my mom's insurance. My mom had Medicaid through the state of CA which was Health plan of San Joaquin. As of April 2020 , HPSJ was dropped and now she only has Straight Medicaid. I only found out after receiving bills from her Doctors telling me She owed for... Read more »

William John Light
William John Light answered on Feb 8, 2021

Any answer to this question would require a lot more information: medical records of your mom's condition in April 2020, documents showing the Home's authority to act on your mom's behalf, documents from HPSJ showing how the change in service was accomplished, research showing... Read more »

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