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California Insurance Bad Faith Questions & Answers
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 Insurance Bad Faith for California on
Q: Can you please explain to me what I can do when my auto insurance policy rescinded on me for material misrepresentation?

My car was stolen and recovered back in June 2022 and my insurance companies underwriting team did their investigation and sent me a letter stating they rescinded on my policy for material misrepresentation for not disclosing all licensed drivers in my household on the policy application. I tried... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2022

A California attorney could advise best, but your question remains open for two weeks. These can be difficult cases. In insurance law, there is a universal doctrine of good faith in representations made by the policyholder to the carrier. Depending on the amount of the claim, it could be worth... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Greetings. I am cashing out a life insurance policy. Life insurance company is requiring a small estate affidavit?

The insurance company says they need an affidavit to determine the new owner of policy. The owner of policy was the Estate of my Father, C/O myself and the insured is my son. On the affidavit who should be listed as successor(s), both my Son & I or one of us?

Thanks for your time.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 23, 2022

The small estate affidavit is a non-probate procedure to more easily transfer assets. You should mirror the affidavit with the testamentary disposition.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My storage was burglarized Sunday. I immediately reported to P.D. and Management. I pay insurance yet they have no info?

My unit was broken into Sunday morning as this was viewed on their security camera footage following day. I immediately reported to P.D. and Management of storage and waited for someone to show Sunday when I was locked in overnight with no emergency number to call to get out. After explaining this... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 23, 2022

Demand that management give you the insurance company information. If not, you can sue and discovery that information during "discovery."

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for California on
Q: If after the sale of real or personal property what is the first action to file to prevent eviction or removal therefrom
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 23, 2022

Is the owner of the home selling it while you are a tenant? If so, you would not need to do anything right now, as the sale of the home carries with it the leasehold that you have.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Insurance denied are claim
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

If you believe the denial was wrongful or in "bad faith," which it appears you do given your question on this site, speak with an insurance litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: We bought our home (10mons), recently found a bad leak underneath bathtub, home insurance will not cover.

Can I contact Seller to repair/or cover the cost? We just detected this issue because this is a guest room and we hardly use it. until now and found it leaks underneath the bathtub per Fidelity home warranty inspection/assessment. They told us the home warranty will not cover this. Appreciate an... Read more »

Neil Anapol
Neil Anapol
answered on Aug 29, 2022

I cannot tell you whether your home warranty should have covered the problem without looking at the contract. However, you definitely have a potential case against the seller. The issue with the seller would be proving that he or she had knowledge of the leak. If there are is evidence of... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: What are my options if my auto insurance claim was denied without a thorough investigation?

I was in a car accident where a lady backed out of her driveway into me as I was driving by, so her bumper dragged across my entire passenger side and took off my mirror. I called my insurance agent, who told me I was to reach out to the other party's insurance, so I did, and waited till after... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Aug 26, 2022

contact a local PI lawyer................you were the victim.

any wits?

prepare a summary before you meet with the lawyer and bring pix

1 Answer | Asked in Insurance Bad Faith and Health Care Law for California on
Q: My husband had back surgery 1 year ago. Our insurance gave authorization but now have denied the claim. We have 67K bill

My husband has double insurance coverage. 1 policy through his work (Grossmont Union High School district) and 1 policy through my work (San Diego Unified School District). He went through my policy and was originally given authorization for the back surgery. Now the insurance company is sending us... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2022

A California attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys who handle health care claims. First, try to compile a complete file on the denial and its supporting documentation, such as EOBs. Also put together all the documentation... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for California on
Q: Serving a witness interrogatories and following with a deposition if they refuse signing an affidavit? Is this the way?

Motorcycle accident. Police wrote the witness statement wrong. There’s evidence on the report in terms of location.

William John Light
William John Light
answered on Aug 22, 2022

Non-parties don't have to answer interrogatories. The witness can sign a statement under penalty of perjury, if willing, or you can serve a deposition subpoena, hire a court reporter, give notice to the opposing party, and take the deposition of the witness. I would not recommend that you do... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Am I entitled to reimbursement if I had to purchase out of pocket to a medical supply company that is not in my network?

Because of a nation wide shortage of said medical device, I was forced to find this device on my own that was not within my Insurance network. If device wasn't obtained, I would have been placed out of work until device was obtained.

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2022

A California attorney could advise best, but your question remains open for two weeks. Going strictly by the terms of the policy, it's possible you might not be entitled to reimbursement. No one here could know for certain. But these types of situations SOMETIMES have room for discretion on... Read more »

1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on
Q: What consumer laws where broken when my insurance decided my personal property was business use and didn’t cover my loss

My engineering hobby has turned into an expensive hobby. On Jan 17th 2022 the owner of the building where i rent removed the roof during the rainy season and lots of my equipment was ruined. The insurance company did not honor my claim calling my equipment business related. My insurance was not for... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 12, 2022

What I see from your fact pattern is you failed to protect the items knowing the roof was being removed OR there was no notice the roof was being removed and that puts the LL on the hook. On your issue re: your insurance, you can argue until the cows come home and you may win??? But, so far, as... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Been 30 days since Auto Insurance approved a claim but not paid out, what happens now? California

May 27th, 22 My car was hit by a drunk driver while parked. I reached out to their insurance for a settlement. It has been over 30 days since they approved the claim. However, they still haven't paid out. I have provided them with Photos, police report, and police documentation # to request... Read more »

Neil Anapol
Neil Anapol
answered on Jul 7, 2022

These time limits you speak of (California Code of Regulations section 2695.7 do not apply to third party claims. The at-fault party's insurance company can simply refuse to pay. If that happens, your only recourse would be to sue the at-fault party. This is why it is almost always a... Read more »

1 Answer | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Is non renewal of auto insurance like this allowed in California?

I had full coverage insurance. My policy was auto renewed last October and was on auto pay. I just found out they didn't renew it in April and have been without insurance for a couple months now and was involved in a fender bender (which is how i found out it was cancelled). I called to... Read more »

Ronnie Kashri
PREMIUM
Ronnie Kashri
answered on Jul 5, 2022

In order to answer the question, it requires more information such as if there was a broker/agent involved as well, the policy language, any autopay agreements, etc. However, I will say that an insurance company is obligated to provide notice of cancellation due to non-payment of premium, pursuant... Read more »

1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: West coast insurance company is refusing to pay claim. It is a covered repair . What can I do? Need car back

I took my car to pep boys because it’s belt was screaming. Had evaluation for 19.99 which I paid. Got estimates for $731. This is a covered repair and we had paid for extended warranty 3000. So call west coast, aka protective to get authorization. They told me I should take the car back to seller... Read more »

Neil Anapol
Neil Anapol
answered on Jun 17, 2022

Unfortunately, automobile warranties are not considered insurance and there is no way to sue the warranty company for bad faith. At most, you have a breach of contract claim worth $731. Give the warranty company a reasonable chance to authorize the repair. If they do not, your best bet would be... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: My question remains, has there been lawsuits charging insurance companies with murder or attempted murder?
William John Light
William John Light
answered on Jun 10, 2022

No one knows the allegations of every lawsuit filed, but the answer to your question is "no." Lawsuits do not allege murder or attempted murder. The closest you would get to that would be a count for wrongful death. Whether there is a lawsuit for wrongful death against an insurer that... Read more »

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for California on
Q: Why my car insurance won’t pay the rest of my hospital bill after accident?

I was in a accident, the other driver was found 100% at fault. My hospital bill was $52,000. I was able to negotiate with the hospital to take off $14,000 leaving me with $37,000. The person Who hit me only had a bodily injury of $15,000. I have under insured bodily injury of $25,000 with AAA. My... Read more »

John Karas
John Karas
answered on Jun 9, 2022

I suggest that you consult with an attorney or law firm that specialize in Insurance Bad Faith in your area.

Be aware that they may or may not take on your case against your insurer on a contingency fee basis because of the relatively modest UIM policy limits but if the insurer refuses to...
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Q: Has Workers Compensation in California been sued and charged for murder or attempted murder?

Workers Comp Adjusters attend physician/doctor appointments and direct medical care. Those directions and restrictions on medical care are serious enough to cause death.

E.g. not authorizing evaluation and treatment for a serious skull and brain injury that is known to cause death if left... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Jun 7, 2022

GET AN ATTORNEY! you cant fight back when you don't know the rules of engagement.

1 Answer | Asked in Family Law and Insurance Bad Faith for California on
Q: I believe my father forged my signature to obtain a insurance policy pay out as well as power of attorney over me

What kind of lawyer would I need for this case

Neil Anapol
Neil Anapol
answered on May 31, 2022

You need an insurance coverage lawyer. You did not supply enough detail to get into the specifics of your case, but it sounds like you might have recourse against the insurance company if it paid out based on a forged document and you did not get the money.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Where can I find a lawyer for my auto insurance claim?

I am looking for a lawyer to help me resolve my auto insurance claim. I got my car stolen last august and retrieved it the same month. My insurance refused to total the car out because they claimed it was fixable. It’s been 9 months and my car is still not repaired. I want to know if there is... Read more »

Neil Anapol
Neil Anapol
answered on May 27, 2022

Whether or not you have a bad faith case against your insurance company comes down to a lot of details you did not provide. If you do have a case, you should be able to recover the entire rental car costs (not just the 90 days) plus other damages including financial damage, emotional distress,... Read more »

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