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California Insurance Bad Faith Questions & Answers

1 Answer | Asked in Contracts, Health Care Law and Insurance Bad Faith for California on

Q: Which attorney or attorney group would be willing to initiate a class action suit against a health care provider?

In August 2018, a health care provider delivered through FedEx, a broken piece of CPAP medical equipment, which I was unable to use for my diagnosed sleep apnea. I was unsuccessful in getting the equipment returned until February 2019. Since November 2018 when I received the first billing... Read more »

Bruce Alexander Minnick answered on Jun 26, 2019

Regardless of how frustrating and expensive this travail has been for you, it has none of the required legal earmarks to support a simple lawsuit, let alone support a class action. Rather than search for a lawyer or law firm to help you bring fire and brimstone down upon the heads of all the... Read more »

4 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for California on


William John Light answered on May 18, 2019

Lack of insurance has nothing to do with who is at fault. If the other party is at fault, lack of insurance will only affect your ability to recover pain and suffering damages if you pursue a personal injury claim. You will only be able to recover economic damages (medical expenses, property... Read more »

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Business Law and Car Accidents for California on


This young guy hit my car CLEARLY at fault & admitted it. the insurance paper showed his policy had expired He told me that he would talk to his mother to get my car fixed. His mom is an insurance agent. the calls that were supposedly from a claim adjuster were not the # was from his moms office... Read more »

William John Light answered on May 18, 2019

Unclear if you are injured from a collision or just want property damage repaired. The remedy for establishing who is at fault in a collision is a lawsuit. If you want your property damage repaired, file in Small Claims. Bring photos of the damage, and of the scene. Bring copies of the... Read more »

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2 Answers | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for California on

Q: its regarding patient care , hospital already compensating for property being lost, but can i go with medical claim too

passed away person phone is at hand with sighs of unfair treatment

William John Light answered on May 14, 2019

There aren't any facts in your post to evaluate whether a malpractice claim is even possible. You will need to contact a malpractice attorney to discuss this in detail. Such claims cannot be evaluated over the internet.

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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on

Q: Guy cut me off while turning into driveway which caused me to fall and hit his car, driver made false insurance claim

Drive told Insurance that I hit his car while he was parked, I have witnesses that say otherwise, only thing is I have no bike insurance for bike nor a bike license, as I've owned it for a month, does this hurt me or what would happen?

In Barstow, California

William John Light answered on May 13, 2019

If you are hurt, contact a personal injury attorney to pursue a claim on your behalf. Since you were uninsured, you can only recover your economic damages - no pain and suffering.

If you have property damage only, file suit in Small Claims court. Bring your witnesses and...
Read more »

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on

Q: Under Insurance contracts required to conform to cal statues change insurance contract exclusion provision of ownership

Are Insurance contract, that state "all provisions of this contract amend to conform with statues of the state", and used an exclusions of "actual or beneficial ownership" to deny coverage, changed under cal statuary laws that define the transfer of the actual or beneficial owner as outlined under... Read more »

William John Light answered on Apr 10, 2019

No one can answer without reading the policy, knowing the facts underlying the claim, and reading the declination letter from the insurer. However, "actual ownership" under the meaning of the policy is probably the meaning set forth in Vehicle Code 5600(a).

A beneficial owner is occurs...
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1 Answer | Asked in Insurance Bad Faith for California on

Q: Filed a claim for MRSA 2011 that was approved, then 2014, 3 surgeries to save my arm from MRSA , denied my open claim

I filed a claim which was accepted. The MRSA continued, and I was treated for numerous infections until 3/2014, when I was hospitalized with MRSA SEPSIS. Hospitalized for 3 1/2 weeks in ICU, recovering from 3 emergency surgeries to save my infected arm. I reported my condition to my employer,... Read more »

Louis George Fazzi answered on Apr 6, 2019

You need a worker's compensation attorney immediately. You should have no problem finding one near your work.

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Insurance Bad Faith for California on

Q: I filed for a default judgement and was denied now it says demurrer motion to strike (twice) on minutes

I filed for default judgement the judgement was denied but the default was entered now on the minutes it says demurrer motion to strike is that from the defendents since it's on there twice what do I do still turn the new judgement or now fight the demurrer motion to strike how could they still... Read more »

William John Light answered on Mar 23, 2019

If the Default was entered, the Defendants couldn't file a Demurrer/Motion to Strike. I doubt that the Default was entered. You will probably need to Oppose the Demurrer/Motion to Strike.

1 Answer | Asked in Insurance Bad Faith for California on

Q: Interrogatories 4.1 and 4.2 The only insurance I have is HO and medical is my answer no?

I am the plaintiff in a suit against my former homeowners insurance for breach of contract and breach of implied covenant of good faith. Defense has served two sets same question, first set INCIDENT is " fire" and second set defines the suit above.

Louis George Fazzi answered on Mar 22, 2019

Shouldn't you be asking this question of your attorney? He or she should be assisting you in responding to the form interrogatories. These two form interrogatories ask for insurance or self insurance for liability, such as cases for car accidents. Specifically, the interrogatory seeks to know if... Read more »

1 Answer | Asked in Insurance Bad Faith for California on

Q: Policy holdivorcedd in Hawaii, resided in CA. Changed his beneficiary of Life Ins. We have counter claims

Deceased ex-wife married and divorced in Hawaii. Wife believes she had right to policy??

Greg Freeze answered on Mar 5, 2019

The question is a bit fragmented. My reorganization of the facts may be wrong, but I will try.

Husband ("H") and Wife ("W") got a divorce in Hawaii. H moved to California. H changed the beneficiaries on his life insurance policy. Then H died. W survived and believes she has a right to...
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2 Answers | Asked in Civil Litigation and Insurance Bad Faith for California on

Q: Insurance claim on my 2013 nissan altima that was stolen

i did a deposition on a stolen vehicle 55 days ago plus i had a attorney but the only thing that he does is set in on deposition's and i still have not heard anything and when i call all they will tell me is that they are waiting on there legal team to figure out what they are going to do and this... Read more »

Ali Shahrestani, Esq. answered on Jan 29, 2019

If you insurer is reviewing the matter, they should let you know when they're going to make a decision re: your claim. They have 40 days to accept or deny your claim from the time


Read more »

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Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?

Linda was a patient at Kaiser in Sacramento from Sept 24, 2017 till the beginning of June 2018. The beginning of June, Kaiser discharged Linda without my consent and without my knowledge to a care facility in Oakland, CA. Kaiser did not contact me about her discharge nor ask me where I wanted her... Read more »

William John Light answered on Nov 27, 2018

You should be asking Kaiser and the care facility in Oakland these questions.

2 Answers | Asked in Car Accidents, Contracts, Insurance Bad Faith and Insurance Defense for California on

Q: I received a letter from a insurance company that said i owed $4,000 dollars in damages from a car that was a trade in

this transaction was in 2012. what do i need to show that i do not own that car?

William John Light answered on Nov 14, 2018

You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle.

However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to...
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1 Answer | Asked in Insurance Bad Faith for California on

Q: If I leave my car unlocked so someone steals it, what is the worst thing that will happen if my insurance finds out?

William John Light answered on Oct 29, 2018

I have never seen a policy that requires you to lock your car as a condition of payment. How would the insurer prove that it wasn't locked? Do you even remember?

1 Answer | Asked in Insurance Bad Faith for California on

Q: Can I request an insurance pay-out after a car accident if I've already received some money from the person who caused

the accident?

Timur Akpinar answered on Oct 16, 2018

I do not practice in California, but your question remains open for four weeks. The underlying principle of insurance, in general, is to reimburse people for losses they sustain. Depending on the nature of the case and payment, carriers can offset their payment to reflect funds already received.... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Personal Injury for California on

Q: can a mental health clinic i was refered to send me away and tell me they cant help with suicidal thoughts?

I was suicidal ive been untreated postpartum for 2 years my brother commited suicide my mom died, ive been trying to get help but have failed up until now i have a good therpist prescribing my meds ive been off for 10 years. i needed help i was instigated and pushed away and i know its not right... Read more »

William John Light answered on Oct 6, 2018

Your question indicates that you are in Florida, but you asked your question in the California section. In California, if you are feeling suicidal, there are many options, including hotlines, personal physicians, the police and County Hospitals. If you are a danger to yourself, you can be... Read more »

1 Answer | Asked in Insurance Bad Faith for California on

Q: I have a rv trailer when I used it last summer everything was fine when I opened it this summer I have water damage.

my insurance company denied my claim due to wear and tear do I have a case?

William John Light answered on Sep 18, 2018

Impossible to say. You would need expert testimony from a vehicle appraiser or property damage estimator on the cause of the water damage and whether it was a maintenance issue or from a covered loss.

4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on

Q: If a driver hit and totaled my parked car, is her insurance company responsible for providing me a rental car?

While I was a work, a driver lost control of her vehicle, hit my parked car pushing it into other parked cars before she crashed into a building. I have been with out a car for almost 2 weeks and her insurance company is telling me that they can not help me out because her insurance coverage is... Read more »

William John Light answered on Aug 28, 2018

Her insurance company will pay for damages she caused, up to policy limits. If your damages exceed those limits, you can submit your claim to your own insurer (hopefully your purchased rental car coverage), or you can refuse payment from her insurer and sue her in Small Claims for the total amount... Read more »

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2 Answers | Asked in Business Law and Insurance Bad Faith for California on

Q: Someone just filed a lawsuit against my company, they claim while unloading heavy boxes, but we have proof it didnt happ

The day the supposed incident happened, we have him on camera never unloading a single box. We also have him on camera, walking out on the job, with no indication of injury. What can we do?

William John Light answered on Aug 26, 2018

Notify your insurance company. It will appoint an attorney to defend you and assert all appropriate defenses. Provide the video to the attorney.

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1 Answer | Asked in Contracts and Insurance Bad Faith for California on

Q: what is the statue of limitation if I want to take my insurance company to small claim court?

I had mortgage disability once with state farm,I had surgery in aug/2014 and became disable,then filed in my claim with the insurance company in oct/2014,and in jan/2015 the insurance company denied to pay because it was pre-existing condition,dose still the statute of limitation law allow me to... Read more »

Thomas A. Grossman answered on Aug 21, 2018

In most cases the statute of limitations on a claim against your own insurance company for bad faith is one year (one year from the date of the bad faith). Sometime, it can be two years depending on the facts. I am not sure if he Small Claims Court handles insurance bad faith cases, but you may... Read more »

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