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Insurance Bad Faith Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Idaho on
Q: It’s been nine months since I filed a homeowners insurance claim for 2 partial loss home fires. They sent an adjuster ov

Over nine months ago. Now I guess my adjuster quit and they closed my file even though my contractor was communicating back and forth with the adjuster that quit and they want to start over from square one and send a new adjuster over to evaluate the damage. Isn’t there a time limit on how long... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Oct 24, 2022

"Bad faith," 2 words that lawyers enjoy bantering about and insurance companies loathe hearing. But, in Idaho, to show "bad faith," you must show that the insurance company's payment or treatment was "intentional" or based on gross negligence. Courts are fair... Read more »

1 Answer | Asked in Contracts and Insurance Bad Faith for Oregon on
Q: Is it legal for my car insurer to make me pay to insure my boyfriend after adding him to my policy without permission?

My boyfriend does not drive my car and is not a owner of the car in any way. The only reason he has his license is for work. My insurer added him to my policy after stating that "you did not verify so we added him anyway". Their website clearly states that he is classified as a... Read more »

Brad  Holbrook
Brad Holbrook PRO label
answered on Oct 24, 2022

I understand your concern about being "forced" to add someone to your policy, especially when it's your own car and the other person DOES NOT drive your car. However, you can imagine the insurance company's concern that he still could have access to your keys and there is a... Read more »

1 Answer | Asked in Insurance Bad Faith for Colorado on
Q: Recently an insurance company set me a letter stating that I was the beneficiary of a life insurance policy. It was the

It was the the policy I had for my now deceased husband . We got divorced -- Mar 2018. He wanted the policy back -- I didn't argue. BUT apparently he DID NOT change the beneficiary -- its still me. This ins co has been requesting a lot of stuff, and I have provided it, and they keep... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2022

A Colorado attorney could advise best, but your question remains open for four weeks. One option is to look into a consult with a Colorado attorney who handles life insurance claims. If you have the basis for a claim, which is something that an experienced attorney could better understand after... Read more »

2 Answers | Asked in Insurance Bad Faith, Products Liability and Car Accidents for California on
Q: Under California insurance law how long does the insurance company have to settle a claim? What article # is this law?

Trying to find the article number if it is a real law.

William John Light
William John Light
answered on Oct 24, 2022

If you are talking about an insurance company for another person who might be liable to you for damages caused by an accident, the insurer can dispute its insured's liability, and the extent of the damages, until there is a settlement or a final judgment.

If you are talking about your...
Read more »

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Indiana on
Q: Can I sue my insurance company for false statements? Denied appeal. Civil rights law.
Tim Akpinar
Tim Akpinar
answered on Nov 1, 2022

An Indiana attorney could advise best, but your question remains open for two weeks. It could be difficult for ANY attorney to advise based on these brief facts. If you reached out to law firms, they're going to ask about the substance of the statements, the damages caused, your evidence, etc.... Read more »

1 Answer | Asked in Insurance Bad Faith for Michigan on
Q: Do I have to pay for a ambulance trip if the city services never filed a claim with my insurance company?

Sued by a local city in Michigan for an Ambulance trip. That was never billed to insurance. But billed to my insurance on many other trips before and after this one. Was told that the time period to submit passed and I owed them, even though they never filed a claim to begin with. Even though they... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2022

A Michigan attorney could advise best, but your question remains open for two weeks. Until you're able to discuss with a local attorney so far as state-specific provisions go, in general, the provider has an obligation to submit bills to the insurance carrier on time. The patient has an... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Can an insurance company claim “betterment” on a comprehensive policy for a stolen catalytic converter in Ca?

Part was stolen over 2 months ago, still don’t have use of my vehicle. Can’t afford replacement out of pocket.

Spoke to supervisor at my insurance company, says I will need to pay for the new part because catalytic converters are parts subject to routine replacement; like batteries and... Read more »

Neil Anapol
Neil Anapol
answered on Oct 20, 2022

I agree with you. Its not betterment. A catalytic converter does not depreciate because the useful life is essentially as long as the useful life of the car. Do you have anything in writing from the insurance company taking this position?

One approach would be sue the insurance company...
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1 Answer | Asked in Insurance Bad Faith for Texas on
Q: My insurance company has denied my claim for water damage from a broken sewer line under my house

They have denied the claim based on a line in the contract that says they will not cover water damage resulting from the release "from within any portion of a plumbing or automatic fire protective sprinkler system that is either: below the surface of the ground, or within or below the slab or... Read more »

John Michael Frick
John Michael Frick
answered on Oct 12, 2022

What is covered by your particular homeowners policy depends on the language of the policy. There are a few different forms of HO insurance available and approved for use in Texas.

The ISO HO 00 03 policy as amended by the Special Provisions-Texas endorsement does not include coverage for...
Read more »

1 Answer | Asked in Insurance Bad Faith and Contracts for Tennessee on
Q: I started getting dental implants and then my insurance said they would not pay for the rest of the procedure.now Inplan

And no teeth do I have a case? I can't keep walking around like this.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

Your insurance policy must be read verbatim in conjunction with your treatment plan. Are the implants covered or not? You will need an attorney to examine the contract and facts. Bad Faith in TN is not very much, so concentrate on Breach of Contract, possibly even in General Sessions.

1 Answer | Asked in Business Law, Civil Litigation and Insurance Bad Faith for California on
Q: Can Auto Club be held responsible for the theft of my car under liability when it was stolen in their care, custody, con

They want me to claim it on my personal policy but it happened because they told me to leave it with the keys after an accident and it would get picked up. It wasn’t picked up. It was stolen

James R. Dickinson
James R. Dickinson
answered on Oct 9, 2022

More information is needed. Speak with a local attorney regarding this. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for California on
Q: How are fences destroyed by wildfire covered under CA law regarding fences?

We lost our home in the Tubbs Fire on 10/09/17 in Santa Rosa, CA. Still dealing with Nationwide. They are saying the fence is under coverage "B", Other Structures. I am arguing the fence should fall under coverage "A", Dwelling because it was attached to the house on both sides.... Read more »

Neil Anapol
Neil Anapol
answered on Oct 10, 2022

Fences are always considered to be other structures. I don't know of any California cases that hold differently, and I suspect that the Texas case you cited has some unusual nuance to it that led to that result. Given that this fire occurred over five years ago, its hard to see how you could... Read more »

1 Answer | Asked in Health Care Law and Insurance Bad Faith for New York on
Q: I was denied an MRI from Emblem health several times. New insurance now diagnosed with arthritis can I sue Emblem?

Emblem was my former insurance through my former employer. I suffer from hip pain. I was approved for an X-ray of my hip which showed normal. However the pain was severe. My PCP requested an MRI on my behalf several times, but Emblem denied the request each time. My coverage ended with Emblem on... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2022

I'm sorry for your ordeal. You ask if you could sue. I think it would be difficult to find a law firm to handle such a matter on a contingency basis. MRIs are often initially denied as a knee-jerk reaction in many instances. They are big-ticket items compared to other less-sophisticated... Read more »

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Arizona on
Q: I was in a motorvehicular accident in January and my claim is still open with no settlement offer/no end what can I do?

No updates in a timely manner. No one seems to care. My adjuster has changed 4 times. The vehicle still in shop with no contact from the shop. It’s been 10 months. I’m at a loss…

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 5, 2022

If you have not hired an attorney, then that is the next step. Please do so immediately.

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1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Illinois on
Q: If I have proof that my home insurance has violated our contractual agreement who would I need to speak to, to sue them.
Tim Akpinar
Tim Akpinar
answered on Oct 16, 2022

An Illinois attorney could advise best, but your question remains open for two weeks. You could speak with attorneys who handle property & casualty insurance matters. You could also reach out to general civil litigation law firms and ask if homeowners insurance falls under their area of... Read more »

2 Answers | Asked in Insurance Bad Faith for California on
Q: I had a knee replacement as a inpatient but was released that night. I've been trying to get my deductible back.

My doctor wrote a letter to the hospital that it was an outpatient surgery and to rebill ins. I've been fighting this for 16 months and keep getting the run around. Please advise if I have recourse. Thank you.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

A strongly-worded letter to the company letting them know that you will be suing them if they do not stop illegally trying to bill you should do the trick. Contact my office if you need assistance in drafting such a letter.

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Products Liability for Ohio on
Q: Do insurance companies have to pay for a rental vehicle or compensation if they fail to respond to a claim for 4 months?

I was in an auto accident 4 months ago.. The other man was at fault, but did not file a claim (I was just informed of this) for 4 months I have not had a reliable vehicle, nor have repairs been made by our insurance due to no collision policy. Our insurance did send the adverse carrier 4 demand... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Oct 7, 2022

Auto insurance is tricky. You don't have a claim against his insurance company. You have a claim against him. He has a claim against his insurance company if they refuse to pay you on his behalf. Your insurance company has no claim against anyone, because you did not have collision coverage.... Read more »

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Civil Litigation for California on
Q: California Seatbelt defense falsely being claimed by defense counsel

Filed in pro per civil unlimited against negligent driver that rear ended me and was cited for speeding at scene of accident. Went to hospital and have been treating for spinal injury. Defense counsel for Kemper responded to suit by claiming plaintiff, (myself) not wearing seatbelt. However, I was,... Read more »

William John Light
William John Light
answered on Oct 2, 2022

Defendants get to assert defenses. They have to prove them by a preponderance of the evidence. You are entitled to dispute the defenses. That happens at trial by testimony or other evidence. Since there has been no trial, you have no right to prevent the Defendants from claiming this defense.

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1 Answer | Asked in Personal Injury, Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: Is it legal for a landlord to have ones neighbors spy and follow them around. Neighbors who share walls document all?

I believe my landlord is colluding with my surrounding neighbors in order to gain information about the way I live so that they may navigate renters insurance the best way. For 6 months this has caused me extreme mental distress to the point where I tried to kill myself out of hopelessness and... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2022

Hard to see how someone else affects your renters insurance but nothing you have posted appears to be unlawful. Also is very hard to see why you would elect suicide over just moving elsewhere. You would likely be better served to focus your efforts on getting adequate counseling and care rather... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Car Insurance, and maintenance BAR lawyer

Hello,

My passenger airbag in my Honda deployed on the freeway. There was no accident, I’m not sure if it was a pot hole, bump, or malfunction. My insurance is blaming it on manufacturer, and vise versa. Now Allstate won’t pay Honda for the inspection and storage fees after “the jerk... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

Yes, I would advise that you contact a lawyer about your situation.

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Missouri on
Q: Health Insurance misleading or non-responsive to q's

My health insurance company continually refuses to answer direct questions I have re: claim denial. Specifically, what codes were used. In addition, they also provide false/misleading answers to questions re: claims, my policy. My Q: what laws could they potentially be violating with this tactic?

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. In terms of the codes you mention, the billing companies for the medical providers that treated you input those. You should be able to see those line-by-line on your bills, which you could request copies of from... Read more »

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