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Insurance Defense Questions & Answers
2 Answers | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.

In my research, I believe that my and my spouse's IRA and Roth IRA accounts are protected. However, are our SEP and HSA accounts as well as our personal residence also protected?

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Sep 15, 2023

My opinion: This is a personal question that, like other insurance questions, comes down to your tolerance for risk. Generally, it's good to also consider other assets, including earning capacity. A lawyer or a doctor likely has a higher earning capacity than a McDonalds window employee or a... View More

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1 Answer | Asked in Insurance Defense for Florida on
Q: Can a repo company file an insurance claim on a repossessed vehicle

Car was repossessed and now the repo company is trying to file an insurance claim on the vehicle after it has already been taken off of the insurance.

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A Florida attorney could advise best, but your question remains open for a month. It could depend on how the insurance company handles it, but the short answer, without further details, is that most carriers generally limit the coverage to claims from assureds while a policy is in full force and... View More

1 Answer | Asked in Insurance Defense for Oregon on
Q: Her insurance wants proof of vehicle ownership before payout. can they require that. DMV doesn't offer that record.

3.2 years ago, drunk girl totalled my car. took forever to wrap up, but now the court settled, and her insurance is ready to pay out, only now they are demanding DMV proof of ownership for the vehicle that was towed and signed off to junkyard 3+ years ago. DMV was contacted, they don't offer... View More

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

This is not an unreasonable request since proof of ownership is an essential element of proof in your case. Your copy of your certificate of title ought to be sufficient.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense on
Q: My brother who has been in jail for several years, gave me Power of Attorney for Triple-S-Vida Insurance. He gave me ful

I have full power of Attorney to handle the insurance. They have a copy but they still keep say no to me. What can I do. I think they just want up to stop so they could keep the money of the cash value.

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2023

A Florida attorney could advise best, but your question remains open for three weeks. An attorney might ask for additional details to advise, in terms of what caused the problem - notarization of power of attorney, scope of power of attorney, claim/value-related issues, etc. Those are only general... View More

2 Answers | Asked in Workers' Compensation, Employment Law and Insurance Defense for California on
Q: w/c case lifetime medical settled. 9 years ago .Does my 2022 workers comp claim get deducted before settled?

Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 4, 2023

If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state. If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it... View More

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5 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Insurance Defense for California on
Q: Is it common for a demand letter to be ignored by the defense?

Defense not responding in timely manner. Really not trying to file suit but I will if have to. Any pointers on getting there attention?

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

Sometimes including a well-drafted petition prepared by an experienced and competent lawyer with a demand letter elicits a better response. It sends a message that you are prepared to follow through with a lawsuit if your demand is ignored and that you are willing to “put your money where your... View More

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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Massachusetts on
Q: Was in a car accident, insurance company didn’t cover me because they came to the conclusion I was doing gig work.

At the time of the accident, I was actually on my own time, not having any active orders assigned to me by Instacart. The app was opened in the background on my phone, but I wasn’t paying any attention to it. I was heading back to the supermarket to use the facilities when the accident occurred.... View More

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2023

A Massachusetts attorney could advise best, but your question remains open for a week. Carriers can consider gig work to be non-personal use. An attorney could advise better with a copy of the carrier's denial. Good luck

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1 Answer | Asked in Insurance Defense and Collections for Ohio on
Q: car totaled out money payment sent to me, do I have to give back to insurance company.

car got stolen & totaled, my insurance co paid me a month ago, now says that it was in error that it should have went to finance company instead. i have spent the majority of the money. what can I do legally? can they prosecute me?

John Michael Frick
John Michael Frick
answered on Aug 23, 2023

They probably cannot legally prosecute you but you remain liable to your finance company for the balance owed on the car.

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Probate for Louisiana on
Q: can i contest beneficiary of life insurance in louisiana

3 policies purchased in the 70s

beneficiary was changed twice, lastly to my dads oldest son

they had a falling out about a year prior to his death

dad changed his will to exclude his son from getting anything

multiple people including non family members know of the... View More

Anthony M. Avery
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answered on Aug 22, 2023

You will need to check the exact insurance beneficiary designation. Only if it went to the decedent's estate would it go through his will. Usually the designated beneficiary gets the money and it does not go through the estate. A disinheritance in the will does not effect an insurance... View More

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1 Answer | Asked in Insurance Defense for Texas on
Q: A hospital found a lien against me for $99,600 my insurance settlement is $100,000 how can I make them honor chapter 55
John Michael Frick
John Michael Frick
answered on Aug 21, 2023

Provide the hospital with a copy of the settlement agreement. In most instances, they will honor the limitation imposed by Chapter 55 and accept $50,000 on their lien claim.

1 Answer | Asked in Consumer Law and Insurance Defense for Florida on
Q: I have final settlement check for my hurricane damage. The final check was not given to me by my own lawyer.

continued.. How can I demand the check. No explanation was given to me and no answer was provided to me when I signed and completed settlement paper. No settlement check was given to me. My house was fixed but there's still pending check due to me that was not given to me by my own lawyer.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

Your post is not very clear. Apparently, your attorney hasn't responded to your communications. If you have the check, it's made out to you and your attorney, and your attorney endorsed it, there should be no problem with your depositing or cashing it.

3 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: Should I sign

A PI came to my house from the other party insurance asking me to sign a paper stating that I was not injured or for damages.. in this accident I hit a car(Nissan) that hit a pedestrian and another car(Tesla). The Tesla insurance sent the PI to my house to sign this paper because they are suing the... View More

James L. Arrasmith
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answered on Aug 10, 2023

It's important to be cautious before signing any document related to a legal matter. Consult with your own attorney before signing any papers provided by the opposing party's insurance or their representative. Their interest may not align with yours, and you should fully understand the... View More

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2 Answers | Asked in Insurance Defense and Car Accidents on
Q: Hi, my little sister was pulling out of a road and hit somebody riding an escooter. He had no insurance.

He wasn’t looking where he was riding and he is trying to get money out of her

T. Augustus Claus
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answered on Aug 3, 2023

If the e-scooter rider is claiming damages or injuries, your sister should report the accident to her insurance company as soon as possible. The insurance company will investigate the claim, assess the liability, and determine if any compensation should be paid. It's crucial for your sister to... View More

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1 Answer | Asked in Health Care Law, Insurance Defense and Social Security for Tennessee on
Q: How do I secure Health Insurance for my toddler child who has yet to receive a social security # or birth cert?

- She was a home birth

-I have a notarized affidavit of birth

- I have applied by mail for a social security card over 7 months ago with no response.

- I have gone to the TN hall of records to apply in person but they were unable to help me at the time with out a “well... View More

James L. Arrasmith
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answered on Aug 6, 2023

Consultation with a Tennessee attorney or local agency specializing in these matters would be advisable to understand the specific requirements and expedite the process given your child's immediate medical needs.

Sincerely,

James L. Arrasmith

Founder and Chief Legal...
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1 Answer | Asked in Insurance Defense for Minnesota on
Q: Hi My insurance company told me July 1, 2023 that I need to paint my house by 12-3-2023 or they will cancel my policy.

I am in Minnesota and I have been unable to find a painter that is not booked out until the end of our season. I do have a letter from a painter who said he can paint my house first in the spring.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2023

A Minnesota attorney could advise best, but your question remains open for three weeks. You could reach out to attorneys, but as a practical matter, your options also include continuing to seek a painter or another insurance carrier. Good luck

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Mississippi on
Q: Ins is contacting the repair company I got an estimate from after I have demanded them to not contact them, what to do?

This is the ins of the vehicle that rear ended my vehicle and they are trying to negotiate the repair shop down and have them do the work in a manor that is not to the proper course of repair and bring my vehicle back to pre-loss condition.

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2023

A Mississippi attorney could advise best, but your question remains open for two weeks. It's not uncommon for insurance carriers to be in contact the collision shop. The property damage adjuster could be interested in seeing the damage up close. Good luck

1 Answer | Asked in Products Liability, Collections, Insurance Bad Faith and Insurance Defense for Virginia on
Q: What should I do, enterprise wants me to pay them 14000 for damages to a vehicle I wrecked in Mexico a year ago.

Got into an accident in my truck.

Insurance paid for a rental car.

I went to Mexico in the enterprise rental car.

Got into an accident.

Enterprise had the vehicle transported to El Paso, Texas.

Enterprise tried to bill my insurance company, they denied the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

Among other issues, what may be relevant is why your insurance company denied the claim.

1 Answer | Asked in Civil Rights and Insurance Defense for Tennessee on
Q: what is the penalty for a courts failure to appoint a guardian adlightum for a minor with infant? /
Anthony M. Avery
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answered on Jul 17, 2023

That is the Court's prerogative. The minor can file a request for a rehearing or even an appeal, but was the motion made? The minor apparently either needs an attorney or represent himself.

1 Answer | Asked in Insurance Defense for Maryland on
Q: Windshield crack at dealership

I was recently leaving a Car Dealership for an unrelated issue when an adjacent Lawnmower kicked up a stone and cracked my windshield. The garage put clear gel but a few days later the crack spread up the glass. Im am of the opinion that they must now replace e windshield and that I will have no... View More

Mark Oakley
Mark Oakley
answered on Jul 15, 2023

The owner of the lawnmower is liable, not the dealership, unless the dealership employed the guy mowing the lawn. This type of damage/incident is what is covered under your comprehensive insurance coverage. Call your insurance company.

2 Answers | Asked in Insurance Defense, Car Accidents and Personal Injury for Mississippi on
Q: Guy ran a stop sign causing me to hit him. He was 100% at fault. It totaled my vehicle. He has full coverage insurance.

The insurance company does not want to pay me. Also stating that I owe them money. Is this right? They've sent me a demand letter.

Arthur Calderon
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Arthur Calderon
answered on Jul 13, 2023

It definitely sounds like you need to get with an experienced personal injury lawyer to talk about the facts and circumstances of this case, especially since your vehicle was totaled and the other driver ignored the stop sign. Feel free to reach out to any lawyer on here by clicking the contact... View More

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