Get free answers to your Insurance Bad Faith legal questions from lawyers in your area.
answered on Nov 3, 2017
There are a number of different legal theories that can result in a finding of "Bad Faith". The jury instructions are linked below:
https://www.justia.com/trials-litigation/docs/caci/2300/2330.html
https://www.justia.com/trials-litigation/docs/caci/2300/2331.html... View More 
Homeowners Insurance company is asking for a lot. They want me to create a spreadsheet of thousands of items, describe each of them, document their age and put a value on it. This will take months of full-time work. I am wondering if I can just ask for a percentage less of what they owe and not... View More
answered on Oct 13, 2017
Unfortunately, that won't do it, although you may be able to handle the necessary paperwork in a way that takes a lot less time than you anticipate. The amount of coverage really doesn't determine the amount of your claim, except to put a cap on it. Of course, if you have $400K in... View More
auto claim, truck registered to my wife
answered on Sep 27, 2017
Impossible to say. You haven't described the nature of your insurance claim, the type of policy, the reason for the denial of coverage, or what your wife told the agent (adjuster?).
later sue?
answered on Sep 19, 2017
Probably not. You had plenty of opportunity to consult with an attorney before you even made a claim, before you entered negotiations, before you signed. Anything is possible, though. Speak to some PI attorneys in your area to discuss the particular facts.
The cement block wall has been leaning for many years but only until top cover fell off was it discovered that they were never filled with mortar or rebar. The plans and permits show it should have been filled. One contractor I met with mentioned the original contractors "tail... View More
answered on Sep 2, 2017
No. There is a 10 year statute of limitations on latent defects. Also, although the wall deviated from plans, it would be hard to argue that a wall that lasted 60 years was defective.
I was told that my insurance company will not pay for a post chemotherapy treatment Pet Scan to ascertain the status of my potential condition following my rectal cancer treatment. Instead they are proposing to do a CT scan and only look for tumors. I was originally told that a PET scan was the... View More
answered on Sep 1, 2017
Go ahead with the CT scan but keep pressing your treating doctor to prescribe the PET scan. Build all the medical evidence you can which justifies the need for the PET scan. Insurer's are required to pay for medically necessary treatment.
I obtained a quote for homeowners insurance in June. The insurer's agent told me the policy provided "building code upgrades" coverage that was not subject to any policy limit and that the property qualified for a discount related to the roof type. After purchasing the policy, I... View More
answered on Aug 29, 2017
You have to file a lawsuit for rescission. However, a pro rata refund may be appropriate because you have the benefit of the policy coverage from the date of purchase through the date of cancellation. Even though you don't want it. Rescission would mean that you were uninsured from former... View More
The ligament was non viable and removed.Spent 4 days in hospital after 30 days of previous surgery. Dr retired 1 month afterwards and there wasn't any type of referral. It has been almost a year and the Dr and insurance have requested 6 speciation referrals. 4 of the 6 were denied and I was.... View More
answered on Aug 23, 2017
You need a medical malpractice attorney to review your records and consult with an expert surgeon to evaluate whether you have a case. No one can help you on the internet. Start making calls. Consultations by phone are free.
how normal/popular is corporate-owned life insurance (when an employer wants to insure himself in case his employee dies)? Should I be concerned about anything if my employer asks for such insurance? Or is it something "normal" nowadays?
answered on Aug 10, 2017
In general, it's nothing to be concerned about. https://en.wikipedia.org/wiki/Corporate-owned_life_insurance
"Notice and Consent Requirements
The Employee must, prior to the issuance of the insurance contract:
Be notified in writing that the employer intends to... View More
My roof mounted bike and cargo box were damaged when a tech tried to take my car through the car wash. Several bike shops determined the bike was not repairable. l travel full time and am in another state, the dealership's new service manager just asked me to have the bike shipped to them... View More
answered on Aug 3, 2017
If someone is paying you fair market value for the bike, then they should get the bike. That's what happens when your car gets totaled by an insurance company, for example. The property should be surrendered upon receipt of the money, not before. As for time, you have three years from the... View More
Lets suppose I enter a plea agreement that dismisses a hit-and-run charge.. However, my insurance company paid the hit-and-run claim or the personal injury claim.. Will my driving record be affected?
answered on Aug 3, 2017
Your driving record will show a collision resulting in bodily injury. It is entirely your insurer's right to determine whether to pay a claim and how much to pay, even if it affects your driving record.
So Dr retired and my primary care Dr, insurance case manager and the Surgeon they referred me to will not tell me exactly what happened or what is next. They all absolutely refused. I know have to where a brace and use a cane and have a pain level at a constant 4-5 and spikes to 10 almost daily.... View More
answered on Jul 20, 2017
The fact that your surgeon retired does not preclude you from pursuing a malpractice claim against him. If you want to find out if you have a viable malpractice claim, you should have your records reviewed by a medical doctor. Only an MD can tell you whether there was a breach in the applicable... View More
I was hit by another driver. The dealership will only honor my lease if it is repaired there. The other driver's insurance is saying they will only pay for aftermarket parts, and not the new ones the dealership will use. Can I sue them for the difference?
answered on Jul 5, 2017
Ask the dealer for the lease language that says you must repair the vehicle at its shop. If that is indeed a requirement, then get it fixed there. If the other driver's insurance won't pay, sue in Small Claims court. You cannot be forced to purchase aftermarket parts, regardless of its... View More
CALIFORNIA Pi case two questions:
I asked for $10,000 and my passenger $6,000. My attorney said that the defendant's attorney offered me $8,500. I asked my attorney to try and settle for $10,000. I didn't hear back from her until she mailed me the defendants settlement agreement.... View More
answered on Jun 28, 2017
Once a lawsuit has been filed, you are entitled to learn of the Defendant's policy limits through discovery. Have your attorney serve some form interrogatories which contain that question.
If the defense attorney changed the settlement agreement to something to which you did not... View More
If the Suits Against Us provision states the policyholder has X years, would that time limit extend if the loss relates to a state of emergency?
answered on Jun 21, 2017
I don't think so. Typically, the statute of limitations begins to run when the injury is suffered. In some circumstances, the statute is tolled until such time as the plaintiff discovers or has reason to discover the cause of injury.
Sections 351 through 356 of the California Code... View More
Wife went to eye doctor, checked with insurance about clinic, checked with clinic about insurance everything okay. First visit to doctor was okay, insurance paid their portion we paid ours, 2nd visit clinic did procedure on wife, they had a different doctor do it. No one at the clinic informed us... View More
answered on Jun 15, 2017
You can always negotiate. However, you do owe for the service, regardless of insurance.. The insurance info is usually posted in the doctor's office. Wouldn't hurt to check.
We'd like more in terms of a settlement than is being offered, are we allowed to sue even though we're not the policy holder?
answered on Jun 2, 2017
If you qualify under the wrongful death statute, you may sue for wrongful death. You only have to be a policy holder if you are a beneficiary under an insurance policy and want to sue the insurance company directly. Otherwise, if you are suing for wrongful death, you sue whoever caused the death... View More
And Why did they keep it effective another 24 hours to bill me then to insult my intelligence by lying to me telling me not covered
answered on May 13, 2017
Have a lawyer review your insurance contract and related communications. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
stolen between 12-8 am my insurer said it was canceled at 12:01am May 6 we went ahead with plains at AAA retitling it could my insurance cover this loss
answered on May 12, 2017
Whose insurance covered the car at the time of the theft? Was there a written contract between you and the buyer? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
I bought a car added it to my insurance 10 days later my neighbor bought the car on the evening of the fourth we agreedmeet at AAA at 10 am to retitle in the early morning hours it was stolen My insurance carrier told me it was covered through May 6 at12:01they refuse
answered on May 12, 2017
Whose insurance covered the car at the time of the theft? Was there a written contract between you and the buyer? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More
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