California Insurance Bad Faith Questions & Answers
Q: Policy holdivorcedd in Hawaii, resided in CA. Changed his beneficiary of Life Ins. We have counter claims
Greg Freeze's answer
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 the life insurance policy.
The missing document is the divorce decree or divorce judgment or whatever it might be called. If H was paying W spousal support, it's possible for a court to order...
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 the life insurance policy.
The missing document is the divorce decree or divorce judgment or whatever it might be called. If H was paying W spousal support, it's possible for a court to order...
Q: Insurance claim on my 2013 nissan altima that was stolen
2 Answers
| Asked
in
Civil Litigation and Insurance Bad Faith
for
California
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
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
See: http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cf
Which says in part:
"Section 2695.7. Standards for Prompt, Fair and Equitable Settlements
(a) No insurer shall discriminate in its claims settlement practices based upon the claimant's age,...
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
See: http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cf
Which says in part:
"Section 2695.7. Standards for Prompt, Fair and Equitable Settlements
(a) No insurer shall discriminate in its claims settlement practices based upon the claimant's age,...
Q: how can i get my wife moved from a Long Term facility in Oakland back to Sacramento where she lives?
1 Answer
| Asked
in
Health Care Law, Insurance Bad Faith, Medical Malpractice and Nursing Home Abuse
for
California
on
Answered on Nov 27, 2018
Answered on Nov 27, 2018
William John Light's answer
You should be asking Kaiser and the care facility in Oakland these questions.
You should be asking Kaiser and the care facility in Oakland these questions.
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
2 Answers
| Asked
in
Car Accidents, Contracts, Insurance Bad Faith and Insurance Defense
for
California
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
William John Light's answer
You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle. https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome
However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to do to prove that you do own it. I would question it in writing how it intends to prove your ownership of a vehicle that you sold in 2012. The plaintiff has the burden of proof, not you. I would give...
You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle. https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome
However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to do to prove that you do own it. I would question it in writing how it intends to prove your ownership of a vehicle that you sold in 2012. The plaintiff has the burden of proof, not you. I would give...
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's answer
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?
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?
Q: Can I request an insurance pay-out after a car accident if I've already received some money from the person who caused
Timur Akpinar's answer
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. This is a general premise; it would be best to consult with a California attorney to be certain of your rights and obligations.
Tim Akpinar
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. This is a general premise; it would be best to consult with a California attorney to be certain of your rights and obligations.
Tim Akpinar
Q: can a mental health clinic i was refered to send me away and tell me they cant help with suicidal thoughts?
1 Answer
| Asked
in
Health Care Law, Insurance Bad Faith and Personal Injury
for
California
on
Answered on Oct 6, 2018
Answered on Oct 6, 2018
William John Light's answer
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 confined in a psychiatric institution and given appropriate medications for a short period of time which can be extended in certain circumstances. I imagine that Florida is probably similar. Do not fixate...
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 confined in a psychiatric institution and given appropriate medications for a short period of time which can be extended in certain circumstances. I imagine that Florida is probably similar. Do not fixate...
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.
William John Light's answer
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.
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.
Q: If a driver hit and totaled my parked car, is her insurance company responsible for providing me a rental car?
4 Answers
| Asked
in
Car Accidents and Insurance Bad Faith
for
California
on
Answered on Aug 28, 2018
Answered on Aug 28, 2018
William John Light's answer
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 of your damages. Her insurer will still pay its policy limits, but you will have a judgment against her for the remainder. Whether or not you would ever recover on that judgment is unknown. She...
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 of your damages. Her insurer will still pay its policy limits, but you will have a judgment against her for the remainder. Whether or not you would ever recover on that judgment is unknown. She...
Q: Someone just filed a lawsuit against my company, they claim while unloading heavy boxes, but we have proof it didnt happ
2 Answers
| Asked
in
Business Law and Insurance Bad Faith
for
California
on
Answered on Aug 26, 2018
Answered on Aug 26, 2018
William John Light's answer
Notify your insurance company. It will appoint an attorney to defend you and assert all appropriate defenses. Provide the video to the attorney.
Notify your insurance company. It will appoint an attorney to defend you and assert all appropriate defenses. Provide the video to the attorney.
Q: what is the statue of limitation if I want to take my insurance company to small claim court?
Thomas A. Grossman's answer
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 have already gone past the statute of limitations. You can get information on filing small claims cases from the nearest Superior Court in your County.
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 have already gone past the statute of limitations. You can get information on filing small claims cases from the nearest Superior Court in your County.
Q: i am trying file small claim court, but can't find the representative for state farm insurance in CA, or the #entity?,
William John Light's answer
Check this:
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfileResults
Check this:
https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfileResults
Q: I got rear ended the insurance took fault and are getting me a rental, can i make them pay the deposit?
William John Light's answer
Depends whose insurance is paying. If it's the other party's, usually it requires you to pay those expenses upfront and then reimburses you at the end. If it's your insurance, ask the adjuster. Unclear if the deposit gets refunded to you or is applied to your rental charges.
Depends whose insurance is paying. If it's the other party's, usually it requires you to pay those expenses upfront and then reimburses you at the end. If it's your insurance, ask the adjuster. Unclear if the deposit gets refunded to you or is applied to your rental charges.
Q: CA. My Ins. total car based on their $ value my shop is less by 1100.00 they denied bid. Ca. law gives choice of shop.
William John Light's answer
There is no bright line in CA as to a total loss. Usually, it is at 75% of the actual cash value of the car. You painting the care yourself doesn't mean that the cost of painting isn't included in the cost of repairs. It still has to be painted. You currently at 68% of ACV, and it probably goes over 75% once paint is included. Further, with an estimate of 68%, there are frequently additional damage that will be discovered during the course of repair, pushing the cost even higher. In other...
There is no bright line in CA as to a total loss. Usually, it is at 75% of the actual cash value of the car. You painting the care yourself doesn't mean that the cost of painting isn't included in the cost of repairs. It still has to be painted. You currently at 68% of ACV, and it probably goes over 75% once paint is included. Further, with an estimate of 68%, there are frequently additional damage that will be discovered during the course of repair, pushing the cost even higher. In other...
Q: My health insurance cancelled my policy in the middle of treatment, Can i sue them? how can i get a probono?
William John Light's answer
Contact some ERISA attorneys to discuss your case. It's a pretty specialized area of law. You won't get an answer on Justia.
Contact some ERISA attorneys to discuss your case. It's a pretty specialized area of law. You won't get an answer on Justia.
Q: hello my car experienced some water damage while at the dealership and my vinyl, upholstery and window are damaged.
2 Answers
| Asked
in
Car Accidents and Insurance Bad Faith
for
California
on
Answered on Jul 21, 2018
Answered on Jul 21, 2018
William John Light's answer
If you have comprehensive insurance coverage, it will pay to repair the damage, minus your deductible. If not, you will probably have to sue the dealership for the property damage. Bring before and after photos, and estimate/receipts for repair.
If you have comprehensive insurance coverage, it will pay to repair the damage, minus your deductible. If not, you will probably have to sue the dealership for the property damage. Bring before and after photos, and estimate/receipts for repair.
Q: MY TTD BENEFITS STOPPED FOR NO REASON.I HAVE OFFICIAL PROOF THAT SHES WRONG. CAN I FILE A CLAIM AGAINST MY EMPLOYER ..?
1 Answer
| Asked
in
Employment Law and Insurance Bad Faith
for
California
on
Answered on Jul 14, 2018
Answered on Jul 14, 2018
William John Light's answer
If there is "no reason", how can "she" be wrong? To be wrong, "she" must have had a reason. It makes no sense.
You need to consult with a workers compensation attorney. Do a Google/Bing/Yahoo search for your area and make some calls; or, talk to your HR Dept.
If there is "no reason", how can "she" be wrong? To be wrong, "she" must have had a reason. It makes no sense.
You need to consult with a workers compensation attorney. Do a Google/Bing/Yahoo search for your area and make some calls; or, talk to your HR Dept.
Q: When am I able to go after money from the other person's insurance?
William John Light's answer
If someone else is at fault, you are free to make a claim to their insurance at any time within the statute of limitations. If you cannot negotiate a resolution, you can file suit against the at fault person within 2 years of the date of the collision (assuming your case is an auto accident).
If someone else is at fault, you are free to make a claim to their insurance at any time within the statute of limitations. If you cannot negotiate a resolution, you can file suit against the at fault person within 2 years of the date of the collision (assuming your case is an auto accident).
Q: If i buy life insurance, then kill myself after 2 yrs or longer will they pay out the policy .
1 Answer
| Asked
in
Insurance Bad Faith and Insurance Defense
for
California
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
William John Light's answer
It depends on the language of the policy. You would have to read it, or have an attorney read it. This is a very poor idea. Please reach out to a mental health counselor, your pastor/priest, and/or family members. Suicide causes immense pain for your loved ones.
https://suicidepreventionlifeline.org/
It depends on the language of the policy. You would have to read it, or have an attorney read it. This is a very poor idea. Please reach out to a mental health counselor, your pastor/priest, and/or family members. Suicide causes immense pain for your loved ones.
https://suicidepreventionlifeline.org/
Q: What if you feel that you are a victim of a practice that was using you medical insurance for profit.
1 Answer
| Asked
in
Insurance Bad Faith, Medical Malpractice, Public Benefits and Personal Injury
for
California
on
Answered on Jun 5, 2018
Answered on Jun 5, 2018
Dale S. Gribow's answer
NEED MORE INFO
YOU MAY WANT TO CHANGE DOCTORS AND THEN REPORT THIS DOCTOR TO LAW ENFORCEMENT AND MED BOARD IF YOU HAVE THE EVIDENCE
NEED MORE INFO
YOU MAY WANT TO CHANGE DOCTORS AND THEN REPORT THIS DOCTOR TO LAW ENFORCEMENT AND MED BOARD IF YOU HAVE THE EVIDENCE
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