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Insurance Bad Faith Questions & Answers
0 Answers | Asked in Business Law, Insurance Bad Faith and Insurance Defense for Delaware on
Q: I used a shipping company to transport personal belongings worth around $10,000.

I used a shipping company to transport personal belongings worth around $10,000. The shipment, intended for overseas transport via sea container, was delayed multiple times, returned, and kept at their business office, where it was destroyed in a fire. The company is not offering full compensation.... View More

0 Answers | Asked in Products Liability, Car Accidents, Civil Rights and Insurance Bad Faith for Louisiana on
Q: I had a car that was wrecked and paid by insurance. I got a letter that said stop payments. Put it in my name gotsued

Has a car accident, insurance paid. Got a letter from sf that said do not make anymore payments. Put it in my name. I owned the car. 2 months later i got a letter that said i had about 5 days left to pay the full balance left on the car because the insurance company changed something. Sf sued... View More

1 Answer | Asked in Health Care Law, Immigration Law, Insurance Bad Faith and Tax Law for New Mexico on
Q: Marketplace health insurance plans for students on an f1 visa and their eligibility for an advance premium tax credits.

Hi, I wanted to ask if f1 students are eligible for an advance premium tax credits (APTC) while purchasing health insurance from marketplace. I have been enrolled in such a plan for a year now and have now been made aware that I am ineligible for APTC. I assume I have to payback the tax credits I... View More

James L. Arrasmith
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answered on Jan 16, 2025

Unfortunately, F-1 visa students are generally not eligible for Advance Premium Tax Credits (APTC) through the Health Insurance Marketplace, as these credits are limited to U.S. citizens and specific categories of lawfully present immigrants.

Since you received APTC while being ineligible,...
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0 Answers | Asked in Collections, Health Care Law and Insurance Bad Faith for Michigan on
Q: Can a medical provider bait me in for treatment with a low out of pocket quote and then bill me ten times the difference

I am disabled. I take 26 med daily and chemotherapy once per week. So my income is limited. About a year ago, my doctor wanted me to try a new infusion medication. I called the infusion center and gave them my insurance. I asked what my out of pocket costs would be per monthly treatment. Because... View More

0 Answers | Asked in Insurance Bad Faith and Insurance Defense for Kansas on
Q: My repair shop is requesting I sign over power of attorney for insurance claims. Why do they request this.

If I sign this and the insurance company totals my car, can the repair shop sign my vehicle title away and I loose my car? I feel like this is giving too much power over my property to the repair shop.

1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: I am pay for my company insurance out of my hourly wages and my company is taking money out of my fringe pay to pay

Their part of my insurance so I'm paying much more for the same insurance I get from other job without any fringe pay. This is also a federal grant paid job site in Illinois. Is this legal?

James L. Arrasmith
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answered on Jan 10, 2025

This situation raises some concerns about how your employer is handling insurance payments and fringe benefits. The practice of double-charging for insurance coverage - both through regular wages and fringe benefits - could potentially violate federal and Illinois labor laws, especially on... View More

1 Answer | Asked in Insurance Bad Faith for Iowa on
Q: Can owners force renters to get rental insurance in Iowa. We already have a deposit.
James L. Arrasmith
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answered on Jan 10, 2025

Yes, landlords in Iowa can legally require tenants to obtain renter's insurance as part of the lease agreement, even if you've already paid a security deposit. These are considered separate forms of protection - the deposit covers potential property damage, while renter's insurance... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law and Contracts for Florida on
Q: Can I sue my GAP car insurance

My car was totaled on 11/29 car insurance paid $5,805.18 to my car loan leaving a balance of $1,346 for GAP to pay out. They denied the claim for “Unrelated Previous damage”. We believe the denial claim is forged by my car loan company due to when we called the GAP company a representative said... View More

James L. Arrasmith
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answered on Jan 10, 2025

You can pursue legal action against your GAP insurance provider if you believe they wrongfully denied your claim. The fact that you received conflicting information - a denial letter citing "unrelated previous damage" versus a representative stating they're no longer paying claims -... View More

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Traffic Tickets for New York on
Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2025

You should let your insurance carrier handle the response. Make a copy of the summons and complaint and give the original to the insurance carrier with whom you had a policy in effect at the time of the accident. Do this immediately, as there is a short time window in which to respond. Keep a copy... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for South Carolina on
Q: OK so My Husband passed Sept 2023 and I received a letter from Farmers Insurance informing me of a Life Insurance Policy

an annuity policy in which i was the beneficiary - they sent me a packet of papers to fill out which I did and upon speaking to them many times all the way up to a supervisor and basically was beaten down and blown off repeatedly - I have all the paperwork and a record of all dates and times of... View More

James L. Arrasmith
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answered on Jan 10, 2025

I'm very sorry about the loss of your husband and the difficulties you're experiencing with this insurance situation. This must be an incredibly stressful time, especially while also helping your elderly mother.

From what you've described, there appear to be serious issues...
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2 Answers | Asked in Insurance Bad Faith and Estate Planning for Michigan on
Q: Do I have to pay the funeral home from insurance proceeds, if I sign the Financial Responsibility form
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 31, 2024

It is impossible to say without seeing what you’ve actually signed and if you haven’t signed anything yet, don’t do so without showing it to your local attorney first.

In general you need to pay if you’ve signed responsibly to do so, be it from insurance proceeds or your other...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Arkansas on
Q: AAA car insurance continued to charge my account for my ex-husband after I told them to take him off my policy. 2yrs

They said because I didn't tell them not to charge my account for his policy that my ex-husband has to pay me back. He won't even pay me my court ordered child support. I don't see how this is legal that AAA won't take responsibility for their mistake.

James L. Arrasmith
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answered on Jan 10, 2025

This situation sounds incredibly frustrating, and you're right to question the legality of AAA's actions. Insurance companies have a duty to follow through with policy changes when properly requested, and continuing to charge you for your ex-husband's coverage after you asked for his... View More

Q: Will Trump’s banishment of transgender care make orchiectomies readily available for men with testicular issues

I have testicular issues that can only be resolved by the removal of my testicles, while also aiding in my idea of a child-free life but my complications make a vasectomy unable to be performed according to my urologist

James L. Arrasmith
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answered on Jan 10, 2025

Your situation sounds complex, with multiple medical factors to consider. The inability to get a vasectomy due to complications, combined with your existing testicular issues, makes this a serious medical matter that deserves careful attention. It would be helpful to get detailed documentation from... View More

2 Answers | Asked in Contracts and Insurance Bad Faith for Florida on
Q: In Florida, what steps must be taken for a private Lessor to repo a vehicle from Lessee, they are in contract with?

contract for a vehicle where a family member was the holder of the vehicle's loan, the bank held the title. he was a lessor and lived in SC, where the car was licensed and registered. The Lessee lives in FL and was making loan and insurance payments to the Lessor. The contract specifically... View More

Erik A. Perez
Erik A. Perez
answered on Dec 27, 2024

In Florida, a lessor can repossess a car without prior notice to the lessee, provided that the repossession is conducted without breaching the peace. According to Florida law, Lessor’s right to possession of goods., a lessor has the right to take possession of the goods after a default by the... View More

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1 Answer | Asked in Insurance Bad Faith for California on
Q: I have an attorney the CMS has spokand the insurance. Company does not agree.My attorney said too much money , shouldn

Shouldn't my attorney take them to court for not complying with CMS ? I only get a phone call from him.When I ask FOR ONE and that's probably once for a year

James L. Arrasmith
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answered on Dec 21, 2024

It sounds frustrating dealing with both insurance issues and limited communication from your attorney. When CMS (Centers for Medicare & Medicaid Services) guidelines are involved, there can be complex negotiations between attorneys and insurance companies before deciding whether to take matters... View More

1 Answer | Asked in Insurance Bad Faith, Elder Law and Health Care Law for Maryland on
Q: Can a pharmacist withhold refilling a script due it has not been pre-approved by health insurance. Offered to pay out o

Offered to pay out of pocket since I was out of it and need it to sleep?

James L. Arrasmith
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answered on Jan 10, 2025

Yes, pharmacists can legally withhold filling prescriptions while waiting for insurance approval, even if you offer to pay out of pocket. This is because they must follow strict protocols and regulations regarding prescription medications.

However, there are options you might consider. You...
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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Ohio on
Q: Why would multiple home auto and healthcare insurance agencies contact me in one single day with no prior contact?
Tim Akpinar
Tim Akpinar
answered on Jan 1, 2025

An Ohio attorney could advise best, but your question remains open for two weeks. It's possible that the terms and conditions for a service/subscription/purchase/other transaction that you recently entered into contained provisions for sharing your info with third parties... unless it's... View More

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1 Answer | Asked in Civil Litigation and Insurance Bad Faith for California on
Q: Nationwide Pet Insurance is unfair business practice by increasing my premium by 300% year over year

my insurance went from $250/ month to over $650 / month this year. I've made complaints to California Insurance commission and they have not helped at all. Do I have a case against them for unfair business practice or some other complaint that goes agains consumer protection?

James L. Arrasmith
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answered on Dec 17, 2024

Insurance premium hikes can be frustrating, and while dramatic increases aren't illegal on their face, you might have some options to challenge this situation.

California law requires insurance companies to provide notice of premium increases and justify substantial rate changes....
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