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Texas Insurance Bad Faith Questions & Answers
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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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

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

2 Answers | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: I'm looking for a Lord to Sue my Insurance Company. Because on december twenty first I was in an accident and they

Denied my insurance claim on December 21st I was in car accident to make a long story. They wanted me to pay $2000 that put me homeless. I have no money right now. And the work that we needed to be done on my car. Hamp it on the side that the action is happening. And a refuse that 9 to 2 times... View More

John Michael Frick
John Michael Frick
answered on Jan 31, 2024

Our justice of the peace courts have jurisdiction over small claims where the amount in controversy does not exceed $20,000. The principal advantage of small claims court is that you do not need an attorney to file a lawsuit. Since you "have no money right now," this is probably your... View More

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: If you get into an accident and one person is at fault, is it necessary for both people to exchange insurance?

If you have a link to a source that answers this question or supports the answer, it would be super helpful.

Joel Gary Selik
Joel Gary Selik
answered on Jan 19, 2024

Yes both must exchange information. For example consider Texas Transportation Code Chapter 550

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Insurance will lapse because car company lied about when I could Pay. Change of story what to do next?

I was told I had until the end of the December to pay off balance to get back on track for January. They did not hold up to that. They billed me for $992. They then told me that they had no jurisdiction over what billing did and I needed To pay or my policy would be closed. Is there something to do... View More

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2024

A Texas attorney could advise best, but your question remains open for two weeks. Until you are able to speak with a local attorney, you could contract your state's Department of Insurance. Nationwide, these entities deal with consumer-related insurance matters. Good luck

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Hi..you guys have subrogation claims attorneys?..in this case is against me.

Can I receive a subrogation claim from an insurance company regarding a car accident with no any police report.? I think in this case both drivers had fault

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2024

A Texas attorney could advise best, but your question remains open for a week, and it suggests you might be under the impression this is a law firm or attorney referral service. This site doesn't provide attorneys. It's only a Q & A forum.

If you need an attorney, you're...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: I bought a 2018alibu after a few years I had an accident in Oct of 2022. The insurance company took 4 months for them

To get it into their car parson to look at it. Then that person deemed it totaled. I missed the parent im November and now gap won't pay for the rest of the gap even though I paid the rest till February of ,2023 . Can they do that on both the insurance company takin so long to get me in and... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Under the Texas Prompt Payment Statute, insurance companies have a fixed amount of time to accept or reject a claim from a policyholder, or to request additional information. In the latter case, they have 15 days from the date that they receive the requested information. Failure to comply can... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: All state insurance reported 16 claim on me which i find out when.run background via lexis Nexis for 1

Upon asking about the claim from all state all they saying you call when i ask for documentation invoice for me to beleive also valid non valid as per texas laws adjuster need to inform his clients 15 to 35 days fail to do fail to give me give me any information so i say refuse and if their so no... View More

Tim Akpinar
Tim Akpinar
answered on Nov 29, 2023

A Texas attorney could advise best, but your question remains open for a week. From the limited facts of the post, it's a little difficult to figure out exactly what took place here. If you have pending claims against you, Allstate as your carrier should be assigning a claim representative or... View More

1 Answer | Asked in Employment Law and Insurance Bad Faith for Texas on
Q: My job told me to go home 2 days ago due to problems with some of the insurance policies I’ve sold.

They have yet to speak to me in the past 2 days or follow up with any of my phone calls. I have a commission check of 21k waiting that hasn’t been paid out to me.

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2023

A Texas attorney could advise best, but your question remains open for a week. Until you're able to consult with a Texas attorney, you could ask your company what the problem is. If you do consult with an attorney here, they're going to want to know that. Good luck

2 Answers | Asked in Insurance Bad Faith for Texas on
Q: Can I sue another drivers insurance company for damages that the other driver caused ?

In Colorado law

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

No. Like most US states, neither Colorado nor Texas allow direct actions against another person’s liability insurance company

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2 Answers | Asked in Insurance Bad Faith and Personal Injury for Texas on
Q: Can a insurance company just stop paying an open claim if you lost your insurance.

I broke my right hand fingers in May and lost my Job in June and have been seeing a doctor and physical therapy to get my hand back and lost my insurance I'm July and they said thru don't have to cover any more medical treatment after July.

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

Yes, the insurance company can stop paying if you did not elect to continue your health insurance after losing your job. You do have 105 days from the date your employee health coverage ended to complete and submit your COBRA Election form with your premium payment. Your employee health coverage... View More

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2 Answers | Asked in Car Accidents, Insurance Bad Faith, Criminal Law, Family Law and Personal Injury for Texas on
Q: Can a person use a car accident photo as abuse and also use it in their settlement claim?
Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

It is unclear from your question whether any claim of child abuse has been lodged, and further, whether the photo somehow includes a child whose custody is at issue. Evidence takes many forms both in civil matters and in family law cases. If a photo is properly authenticated (taken at the time... View More

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2 Answers | Asked in Insurance Bad Faith for Texas on
Q: Is a "pollution exclusion" clause on an insurance policy an all encompassing clause with no exceptions?

Was wondering if this is an all encompassing clause? My house became contaminated by some sort of fumes related to criminal activity as some squatters/drug dealers moved into a nearby abandoned house and cooked up something that got into my vents and the whole house. I've dealt with the police... View More

John Michael Frick
John Michael Frick
answered on Jul 14, 2023

There are different types of pollution exclusion clauses, and various exceptions depending upon the type of clause in your policy.

One very common exception that may apply is the hostile fire exception. This often applies to smoke or fume damage when the source is an incident away from...
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2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: I was wondering what happens when an at fault insurer cancels their policy in the middle of a claim.

I called the at fault insurer and they said they can’t proceed my claim because they’re investigating the insurer’s coverage issue. What does this mean? Are there any next steps?

Joel Gary Selik
Joel Gary Selik
answered on Jul 5, 2023

Insurance cancelling after the incident occurs generally does not cancel the coverage for the incident.

What the insurer means is that the insured might not have had coverage at the time of the incident. This could be sue to failure to pay premiums or other violations of the insurance policy.

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: An insurance company denied the claim

I live in Texas and have an insurance from Texas as well. I was visiting my wife in Arizona and she got in accident driving my car. The insurance company asked me for proof of ownership of the vehicle I sent them a bill of sale for a full purchase date 02/08/2023 as I paid half of the price to my... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

I would send the insurance company a copy of your car title and registration, and ask it to reconsider.

A bill of sale can be easily falsified or manufactured, particularly if a relative is involved.

The actual certificate of title is what shows who the actual owner of a motor...
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1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Bad Faith and Small Claims for Texas on
Q: Does a replied to email hold has much validation has a certified letter dose in court in Texas?³

Stowers someone for over policy limits

John Michael Frick
John Michael Frick
answered on Jun 10, 2023

An email can be effectively used to transmit a Stowers demand to an opposing party’s insurance company.

The benefit of certified mail is you have clear documentation of delivery.

But you can also request a delivery or read receipt to an email. And often, the recipient will send...
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1 Answer | Asked in Insurance Bad Faith for Texas on
Q: After being involved in accident the opposing insurance co took my car to there lot and now refuses to pay black mail me

They sent me expired notice to get total loss vehicle it arrived 5:48.pm of day the letters expired and they are staring abandoned processing. They sent a letter saying total loss and getting approval for ACV check then waited 21 days to tell me no and get my vehicle off there lot and ok pay them... View More

John Michael Frick
John Michael Frick
answered on May 31, 2023

Your legal rights and responsibilities depend heavily on who was at fault in causing the collision and resulting damages. If there is no agreement on this fundamental point, you will need to file a lawsuit so that a judge or jury can make that determination.

Your insurance policy is a...
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1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Texas on
Q: How do you obtain salvage value in Texas?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

Total loss value in Texas is calculated using the National Automobile Dealers Association (NADA) guide to determine the listed retail value of the accident vehicle as of the date of loss.

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