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Insurance Bad Faith Questions & Answers
2 Answers | Asked in Insurance Bad Faith and Health Care Law for California on
Q: Whom do I seek help from when I have an insurance coverage problem with Kaiser, beyond Kaiser grievance and DMHC?

My teen daughter needed a long-term RTC. I informed Kaiser (K.) of her need for this level of care, though I did not specifically ask for it. (I did not know K. offered that level of care.) When my daughter's K. clinician walked her through our chosen RTC's website, the K. clinician... View More

James L. Arrasmith
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answered on Apr 9, 2024

In California, if you have exhausted the internal grievance process with Kaiser and the complaint process with the Department of Managed Health Care (DMHC), you have a few additional options to seek help for your insurance coverage problem:

1. Contact the California Department of Insurance...
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1 Answer | Asked in Insurance Bad Faith for Ohio on
Q: My insurance company falsified my mileage on a total loss claim and when confronted about it they cut contact altogethe

I provided proof that they falsified my mileage and asked if they were going to low ball me on my car value now. Ever since then they cut contact with me altogether. Probably waiting for my attorney at this point.

Progressive

So now I suppose I have to sue them?

Nothings been signed yet.

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2024

An Ohio attorney could advise best, but your question remains open for a week. Suing is always an option on any claim. But maybe first look into what caused the mileage error, and if they will work toward resolution of the claim with you based on corrected odometer readings. If the claim is PD... View More

0 Answers | Asked in Personal Injury and Insurance Bad Faith for Alabama on
Q: Why doesn't the defendants homeowners policy pay restitution the defendent has lived with mother 23 years and she was ne

She was negligent in bed but knèw what was happening in her home

1 Answer | Asked in Insurance Bad Faith, Civil Litigation, Landlord - Tenant and Small Claims for Mississippi on
Q: As a Pro Se Litigant in a smalls claim case. Defendant has hired an attorney he has filed a motion seeking Act (11-55-1)

I need know should I file a rebuttal?

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Mississippi attorney could advise best, but your question remains open for a week. Only a local attorney could advise meaningfully on local laws. But as a general point that applies nationwide, until you are able to consult with a local attorney, motions do warrant a response (and generally... View More

0 Answers | Asked in Civil Litigation, Insurance Bad Faith and Insurance Defense on
Q: what do i do about a default judgment resulting in revocation indefinitely of DL? I have proof of auto ins.

geico vs me, I didnt show up because my mail was being intentionally kept from me, upon learning about a default judgement my mother died then covid came and I had no money for an attorney to help me sort things out, it has taken 3 years and a lot of research to build my defense and gather proof of... View More

0 Answers | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Texas on
Q: Fraudulent Health Insurance enrollment by HealthSherpa

So I haven’t been able to file my taxes since January 2024 because the IRS rejected it stating that I’m supposed to have a form from healthcare.gov because I have a marketplace insurance with a company called Oscar insurance. I was confused because I’ve always had my employer’s... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More

1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: If a insurance company and the attorney is aware the party is committing fraud, could they be held accountable?

I have a case where the defendant is clearly being untruthful. The insurance company is well aware of the fact. He is lying about the speed he was going and says he has a witness. The witness he claims to have is my witness, and the witness did not speak to the defendant. I have pointed this... View More

Tim Akpinar
Tim Akpinar
answered on Apr 6, 2024

A Georgia attorney could advise best, but your question remains open for a week. Any individual or entity could be accountable for committing fraud, but insurance carriers also reserve the right to take nothing at face value and to proceed with their own investigation and verification of... View More

0 Answers | Asked in Contracts and Insurance Bad Faith for Florida on
Q: Can I pursue legal action against an indoor storage facility that never notified me of my unit being compromised?

My storage unit at my indoor storage facility was broken into, significant of items of value were stolen but I was not notified of the compromise. I had not accessed my unit for almost 1-year. Upon arriving I immediately noticed the lock had been changed. The front desk stated that a little over 1... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Florida Homeowners claims questions:

House suffered a pipe burst that sat for 24 hours. Home flooded 1” during that time. Back half of the first story is affected.

Are my personal property contents covered?

Does the Florida mold limit of $10,000 include contents as well as structure or are those separate limits that... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

The coverage categories and limits are stated in your insurance policy. Either it's plainly covered or not. Should be clear, and an insurance agent should be able to explain, but if not, schedule a legal consultation. Also, you state that a pipe leakage flood caused damage. If water itself... View More

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Can insurance retaliation

I car was hit by a car (not my fault. I have video evidence). The other party's insurance paid for the repairs. It was a minor scrape on the bumper. The insurance wanted to put aftermarket bumper but I refused and argued with them and they finally agreed to put OEM bumper on the car. But they... View More

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2024

A Texas attorney could advise best, but your question remains open for three weeks. At this point, you could try to arrange a consult with a local attorney - there's the possibility that what you assert to be a deliberate act could be argued by the carrier as oversight, or other unintentional... View More

0 Answers | Asked in Health Care Law and Insurance Bad Faith for Georgia on
Q: How to receive unearned health insurance premiums when the company terminates the policy?

I paid for the year for my health insurance. The company was bought out and the new company offered compatible coverage. My refund was $4100. I paid $7,000 for a new policy. They also overcharged $3,500 and the amount was posted from my bank account. I am owed over $7,000 for a refund. The company... View More

0 Answers | Asked in Car Accidents and Insurance Bad Faith for Utah on
Q: Car insurance won’t refer me to one of there recommended refer shops and won’t rent me a car.

My vehicle was in an accident, I was issued a rental vehicle while I looked for a repair shop and was dropped of at the shop before insurance adjuster told it need to be dropped off.

My car was in the shop but my rental time had reached the $1500 amount on my policy.

The repair... View More

0 Answers | Asked in Real Estate Law and Insurance Bad Faith for New Hampshire on
Q: I recently changed my homeowners insurance they added a name not associated with the house now they want to cancel

I changed my insurance because of cost. I was given a policy and it was paid for the year by mortage company. I notice that they added a name to my policy that was not associated with my home to give me that rate but I never asked for that or approved that the company did it on their own. When I... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: Good morning, I am trying to find a pro bono lawyer that can help me with an insurance case.

My son is 5 and he was diagnosed with Autism around 2 yrs old. We have had him enrolled in an ABA facility for therapy in which he was going 40 hrs a week, as directed by his physician . Recently my insurance company cut his hours in half. We appealed this and had a new assessment done and sent it... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2024

A Texas attorney could advise best, but your question remains open for a week. If you're seeking a pro bono attorney, one option would be to start with legal aid organizations about information and resources they might have. State and local bar associations might be another source of guidance.... View More

0 Answers | Asked in Health Care Law and Insurance Bad Faith for Maryland on
Q: AT&T eliminated our retiree Medicare health reimbursement accounts effective 01/01/2024. Any recourse, a lawsuit?

The “best” coverage now is the AT&T Group Medicare Advantage (PPO) Plus (UHC). There are copayments for nearly every medical expense and with zero reimbursement. Their plan dictates doctors, hospitals & all medical related matters. The new plan sends me round & around in circles to... 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

0 Answers | Asked in Car Accidents and Insurance Bad Faith for Washington on
Q: Permissive User, single vehicle accident, stated value policy, Vehicle owner's classic car destroyed, Same ins carrier

In my situation a classic car was wrecked, the damages were hidden (not completely disclosed to the owner at time of single car accident) and the permissive user attempted to fix the car but did not do so to standard. Both the car owner AND the permissive user have the same auto insurance carrier.... View More

1 Answer | Asked in Workers' Compensation, Insurance Bad Faith and Medical Malpractice for Pennsylvania on
Q: I was diagnosed with severe bilateral carpal tunnel by workmen's comp specialist went back to spine surgeon he felt my c

Cervical spine was why I had pain numbness in both hands ask about carpal tunnel he said he would address that after Anterior 567 fusion surgery? Never happened he then did a c3c4 mobi disc replacement.out at MMI? Still have sever numbness a pain and adjuster denying treatment for carpal tunnel?... View More

Glenn Neiman
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answered on Mar 22, 2024

As we so often say, you should consult with an attorney certified as a specialist in workers' compensation law (whether my firm or another of the fine attorneys on this board). If the doctor is saying the carpal tunnel syndrome is related to the work injury, there may need to be litigation to... View More

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