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California Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for California on
Q: My insurance company isn't trying to pay out my claim cause I'm on wrong policy

So how do I fix this problem

Neil Anapol
Neil Anapol answered on Nov 24, 2021

I'm going to need a lot more information to answer your question. Is it an auto claim? Whose policy are you on? Why are you on the wrong policy? Did the insurance company deny your claim? If so, what reason did the insurance company provide?

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Could you answer to info on insurance adjuster?

I own a tree care company, we where providing services removing a tree stump. We had the area covered to prevent flying debris, also a 50ft edge was covering the side. On the other side of the 50 ft hedge a lady came by and said that an our earlier we had broken her sunroof window. I said I would... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

What can you expect? You can expect a demand letter from the insurance company asking you to pay for the damages and unless you pay them the insurance could be suing you for the money they paid on the homeowner's claim. If it goes to Small Claims, or any Court, they have to prove up a case.... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: To what degree your insurance company with road side assistance are liable to assist you with your emergency brake down?

Formost insurance failed to provide assistance to me , an individual with disability, because I didn't have enough money to cover the towing, they first said $2000 out of pocket and then kept chang the number. In 4 instance. I was driving my RV from LA to san Francisco. I blow 3 tires, then... Read more »

Neil Anapol
Neil Anapol answered on Nov 15, 2021

Its impossible to answer that question without looking at the insurance policy. However, if you are correct that the insurance company breached the insurance contract by not providing roadside assistance, they owe you the cost of the service (whatever you paid the other provider to fix your tires... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: We were denied insurance claim on our RV was stolen when it was getting warranty work on it at Camping World.

Anderson California our insurance denied the claim to .

Neil Anapol
Neil Anapol answered on Oct 25, 2021

I would need more information to determine whether your insurer was justified in denying your claim. For starters, the insurer usually sends you a letter stating all of the reasons for its denial, and citing the applicable policy provisions. If there is some kind of exclusion that fits the facts... Read more »

2 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Legal Malpractice for California on
Q: how long does it usually take to handle a stolen vehicle claim?

my car was taken from home 60 days ago. august 15th. they have had my vehicle in their custody for 60 days while im paying cash daily for a car rental and they will not/have not returned my calls or emails since on or about 9/14. my insurance which is full coverage (making payments) is paid through... Read more »

Neil Anapol
Neil Anapol answered on Oct 14, 2021

It depends. If the insurance company accepts the claim, and there is no dispute about the value of the vehicle, a few weeks at most.

If the insurance company suspects fraud and asks for your examination under oath, it could take several months, and the insurance company might eventually...
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1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Probate for California on
Q: If I signed a settlement agreement , is it binding or is there any way possible to back out of the agreement?
Neil Anapol
Neil Anapol answered on Oct 13, 2021

Its impossible to answer that question without knowing more about what happened. Is it a settlement with your own insurer or a third party? Is there any way you can claim that you were fraudulently induced to sign the agreement? Was there a mutual mistake of fact that caused you to sign the... Read more »

1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: If a complaint with California Department of Insurance had been filed, will this toll the contractual statutory

period of an home insurance company ?

Neil Anapol
Neil Anapol answered on Oct 12, 2021

Filing a complaint with the California Department of Insurance does not toll the contractual statute of limitations. However, the contractual statute of limitations is tolled during the time the claim is open. Therefore, the statute begins to run when the event triggering the claim occurs. It is... Read more »

1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on
Q: If insurance carrier denied insured's claim, by false interpretation and application of Buillding code, to deny claim,

Is it considered material misrepresentation and therefore fraud by insurance carrier? What is the prescriptive period to sue the insurance carrier?

Tim Akpinar
Tim Akpinar answered on Oct 9, 2021

A California attorney could advise best, but your post remains open for three weeks. Until you are able to have a meaningful and detailed consult with a local attorney, it sounds like an interpretation of law more than a representation. As to whether the interpretation is correct, that could be a... Read more »

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have a question about The Carmack Amendment.

I looked at the information in the link you sent. Thank you for responding.

First, I searched for "diminished", then for "only" in order to locate anything that states that property is only the physical article that was damaged and nothing else that is commonly also... Read more »

Leon Bayer
Leon Bayer answered on Sep 29, 2021

The Carmack Amendment is a 1906 revision to the Interstate Commerce Act of 1877, which regulates the relationship between shipping companies and the owners of goods under shipment. The Carmack Amendment limits the liabilities of these shipping companies, known as carriers, to loss or damage of the... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: My son was robbed at gun pt at an LA cafe serving food at tables outside. Should their insurance cover his loss?

The cafe owner said he would check with his insurance about covering the loss and he said his insurance would not cover the loss because it occurred outside, yet the cafe serves patrons outside all the time…

John Karas
John Karas answered on Sep 15, 2021

This is not a insurance bad faith matter. You're not the insured and lack standing to sue the cafe's insurer.

You can sue the owner for negligence insofar as failing to provide security. However, unless the amount stolen from you exceeds $10,000, you would have to file the...
Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My insurance underwriter wants me to update wiring in a 120 yo home.

I bought a home in Pennsylvania recently, and there is some residual knob and tube wiring. My insurance underwriter did not do any inspection (due to covid), but is now threatening to drop coverage based on my disclosure.

I have had the home inspected multiple times, all of whom said that... Read more »

John Karas
John Karas answered on Aug 24, 2021

This is a question to pose to an insurance bad-faith attorney in Pennsylvania.

Q: The Worker's Compensation Atterney I hired settled my PD claim w/o my consent

I told him no i wanted full disclosure of my claim and need to ask the judge for some of my $125,642 award i was put as permanet and stationary way to early by my PTP when still getting my right hand,fingers,thumb,wrist from pulling radial nerve out of my bicept from jobsite fall ,and my back and... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 13, 2021

You have not asked a question.

This Q&A board is not a place to solicit an attorney to work for you. It is a place to get general legal guidance.

Speak to your attorney about this. You cannot be forced to sign a settlement that you do not agree with. However before you walk...
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2 Answers | Asked in Insurance Bad Faith, Personal Injury and Workers' Compensation for California on
Q: a corrupt doctor had my supportive care ended, the lawyer and insurance co were complicit ! I have documentation please

Please help, the attorney made false pleadings to the judges, the doctor did not even see me for 10 minutes and never examined me.

the recent laws changed helped them to squash my pleadings. I've gone as far as I can . they made so many lies that can be proven with electronic files.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

MORE INFO NEEDED.

YOU NEED A LAWYER THAT IS WILLING AND CAPABLE OF HANDLING THIS MATTER ON A CONTINGENCY......IT IS NOT MY FIRM AS WE DON'T DO THAT KIND OF MATTER.

MOST LAWYERS DO NOT WANT TO THROW THEIR OWN MONEY AT LITIGATION THAT MAY BE STALE?

I ASSUME IF THIS WAS A...
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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for California on
Q: is there a whistleblower reward available for reporting insurance fraud in california?

a business is allowing a doctors office to “recruit” patients on its premises. one of the managers is receiving a referral bonus (cash) for every employee that goes and has any procedure (bonus is from the dr office not from the employer). on top of that the doctors office offering new... Read more »

William John Light
William John Light answered on Apr 22, 2021

Insurance fraud is a crime, so contact the police. You can also contact the Medical Board, which licenses and disciplines physicians. dca.ca.gov/consumers/complaints/medbd.shtml

You can also retain an attorney to file your own lawsuit against the medical providers under the Insurance...
Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: What can we do when our Travel Protection insurance claim was denied after giving proof of being sick with Covid?

Our 20th anniversary Kauai trip was planned for 4/01 - 4/08. All back up documentation was given to Red Sky Travel Insurance, including the "Attending Physician Statement" but I was still denied reimbursement. Red Sky Travel Insurance company replied with "after testing positive... Read more »

William John Light
William John Light answered on Apr 19, 2021

You will have to explain why the insurance company was wrong. Its math appears to be correct.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Is it better to get hit with a lawsuit or try and pay Subrogation claim?

There was an accident that happened over 2 years ago and I received a call saying that I have a Subrogation claim against my a claim agency called Recovery Partners. They're saying that I have to pay $6500 or they'll file a Lawsuit against me.

William John Light
William John Light answered on Mar 24, 2021

You can negotiate the amount, or negotiate payments, or file bankruptcy, or hire an attorney to defend a lawsuit, etc., etc. Which is the best option would require a lot more information.

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Car insurance said that they will not be responsible to cover my at fault collision. Are they able to refuse?

They called me 4 days after I reported that I was in a collision and informing them that I was at fault. They said that they will cancel my policy and will not cover the accident because I did not report my 15 yr old brother as a household member and he was in the vehicle at the time of the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 16, 2021

YOU NEED TO MAKE AN APPT WITH A LOCAL PI LAWYER TO DISCUSS THE MERITS OF A BAD FAITH ACTION AGAINST THEM. HAVE YOUR POLICY READY FOR THE LAWYER TO READ.

INS CO'S WILL LOOK FOR ANY REASON TO NOT PAY AND CLAIM YOU LIED OR DID NOT DISCLOSE ALL NECESSARY INFO REQUESTED.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Is a nursing home allowed to make changes to a residents insurance to meet the needs of the facility without consent?

A nursing home has made changes to my mom's insurance. My mom had Medicaid through the state of CA which was Health plan of San Joaquin. As of April 2020 , HPSJ was dropped and now she only has Straight Medicaid. I only found out after receiving bills from her Doctors telling me She owed for... Read more »

William John Light
William John Light answered on Feb 8, 2021

Any answer to this question would require a lot more information: medical records of your mom's condition in April 2020, documents showing the Home's authority to act on your mom's behalf, documents from HPSJ showing how the change in service was accomplished, research showing... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Hello I want to know how much I have to pay a lawyer fee if I avail the services of a counsel against insurance company

My Insurance is not giving me any amount after settlement.

William John Light
William John Light answered on Jan 14, 2021

Your post says you are in Las Vegas. If your case is in Las Vegas, you need to ask Nevada attorneys. There are several really good ones in Las Vegas, who will be able to advise you.

1 Answer | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for California on
Q: My dentist refuses to abide to the insurance in-network contract and has charged me more than the allowance for braces.

The insurance has already called them more than once to inform them that there is an allowance but still they are overcharging me. A financial agreement was signed and the dentists stated on the agreement that those were the allowed insurance and treatment charges but it was all a lie and fraud. My... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 28, 2020

You could file such a lawsuit, but IMO what you really have is a run of the mill breach of contract suit against the dentist. This really is not something to be excited about, and it is not going to go to the Supreme Court. You should write a calm and polite letter to the dentist with a copy of... Read more »

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