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California Insurance Bad Faith Questions & Answers
2 Answers | Asked in Insurance Bad Faith for California on
Q: Who is responsible for cost of repair and damages to my floor durring demo work on an insurance claim? Contractor/ Insur

Demo work was performed by a insurance picked contractor and damages to my tile were made. insurance is fighting hard not to pay and contractor really not responding. what do i do?

James L. Arrasmith
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answered on Jan 2, 2024

In California, when damages occur during contractor work, especially under an insurance claim, the responsibility for repair costs generally falls on the party at fault, which could be either the contractor or the insurance company. If the contractor caused the damage, they might be liable for... View More

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2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Can I go after an insurance company for claims + damages? Do I have any legal appeal or recourse.

My company lost $70,000 worth of finished product last year after two power outages (one due to weather, one due to construction by LADWP), which caused our finished product to thaw and then refreeze, thus altering its quality.

The insurance company determined with flawed inspections that... View More

James L. Arrasmith
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answered on Dec 24, 2023

In California, if you believe an insurance company has acted in bad faith by unfairly denying a legitimate claim, you have the right to pursue legal action against them. This can include not only the value of the actual loss (the $70,000 worth of product), but potentially additional damages if the... View More

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1 Answer | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Legal Malpractice for California on
Q: n El 2021 tube un accidente De auto. El auto que me golpeo fue rentado por Getaround y tuve cirujias y solo ofresen 50k
James L. Arrasmith
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answered on Dec 14, 2023

En California, si estuvo involucrado en un accidente automovilístico en 2021 con un vehículo alquilado en Getaround y sufrió lesiones que requirieron cirugía, la compensación que ofrece el seguro puede ser un asunto complejo. La oferta de $50,000 que mencionaste puede estar relacionada con los... View More

2 Answers | Asked in Insurance Bad Faith for California on
Q: My truck was stolen while rented on turo. Turo’s insurance came back with a low settlement. Truck has not been recovered

Turo did not go through the proper verification process for the person who rented my truck. This guy created his profile using a picture of an ID from another country. I called turo before handing this man my keys to raise my concern and ask them if he had been verified. They said he was approved... View More

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2023

Based on the high value of the truck at $145K, you may want to consider consulting with an attorney. If you are not able to come to an agreement after diligently presenting comparable market value vehicles, an attorney could advise on additional options. Try to arrange a quick free consult to... View More

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2 Answers | Asked in Insurance Bad Faith for California on
Q: My truck was stolen while rented on turo. Turo’s insurance came back with a low settlement. Truck has not been recovered

Turo did not go through the proper verification process for the person who rented my truck. This guy created his profile using a picture of an ID from another country. I called turo before handing this man my keys to raise my concern and ask them if he had been verified. They said he was approved... View More

James L. Arrasmith
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answered on Dec 11, 2023

In California, if you're dissatisfied with the insurance settlement offered by Turo for your stolen truck, you have the right to challenge it.

First, gather all relevant documentation, including the original value of the truck, the amount you paid, any enhancements or special features,...
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2 Answers | Asked in Insurance Bad Faith for California on
Q: Can a pet insurance raise the annual fee over 100% based on a dogs age, especially when grand fathered in to a plan?

Dog has been with Nationwide since a puppy (now is 7). Renewal notice for WHOLE PET WITH WELLNESS PLAN (a plan that no longer exists, but dog is grandfathered in) went up from $184 to $424 a month.

James L. Arrasmith
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answered on Nov 6, 2023

In California, pet insurance is regulated by the Department of Insurance, and while insurers are generally allowed to set their premiums based on risk factors including the age of a pet, any rate increases must be filed with and approved by the Department. If your pet’s insurance premium has... View More

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3 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: I was in an accident which they have deemed my fault. Can my ins company drop me and deny claim after accident

They Dropped me for not having step son excluded from policy although he was not involved in accident, and said I was using car for business, which is incorrect I was driving to work in my girlfriends personal vehicle. I applied for Ins. Over the phone and they never asked me about exclusions.my... View More

James L. Arrasmith
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answered on Oct 10, 2023

Under California law, insurance companies have the right to cancel a policy if they determine that there was a material misrepresentation or omission during the application process. If your insurer believes that you did not disclose a potential driver (your stepson) or that the vehicle was being... View More

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3 Answers | Asked in Insurance Bad Faith for California on
Q: The insurance is not following the agreement to the settlement, can I sue in bad faith?

The Insurance is supposed to give me a voucher for retraining for a new career but they have been completely ignoring me and not responding back to any of my messages.

T. Augustus Claus
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answered on Oct 5, 2023

In California, insurance companies have an implied covenant of good faith and fair dealing. If they fail to uphold this duty, policyholders or claimants might have grounds to sue for bad faith. Not following the terms of an agreed-upon settlement can be seen as an act of bad faith. However, before... View More

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3 Answers | Asked in Insurance Bad Faith for California on
Q: The insurance is not following the agreement to the settlement, can I sue in bad faith?

The Insurance is supposed to give me a voucher for retraining for a new career but they have been completely ignoring me and not responding back to any of my messages.

James L. Arrasmith
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answered on Oct 10, 2023

In California, if an insurance company fails to uphold its obligations under an agreement or settlement, it may be considered acting in bad faith. Insurance companies have a duty to act in good faith and deal fairly with their insureds. If you have a written settlement agreement where the insurance... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard)

I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off... View More

James L. Arrasmith
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answered on Sep 28, 2023

In California, the value of your car in a restitution order should typically be determined based on its fair market value at the time of the loss, not necessarily the Blue Book value. If your car was indeed worth $4,200 at the time of the accident, you may be entitled to that amount, and the lack... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for California on
Q: Restitution hearing awarded me $14,000, $4200 was for vehicle. Her insurance says III get $2,200 w/ no title (junkyard)

I was hit from behind, car was destroyed, almost died. No one at the scene ever told me that there was a person charged. Found out 9 months later that they had found the person (that night). My life already went on, and it took 3 years to get a judge to award me compensation. The judge went off... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

That's a sizable penalty to base on absence of a title. Title should not ordinarily affect value - unless they are suspecting diminished value due to a salvage title. Pose this to your attorney if you are being represented and explore how long it would take and how much it would cost for... View More

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2 Answers | Asked in Insurance Bad Faith for California on
Q: Can a car insurance company cancel my policy if payments where made every month , claiming it was for non paymemt?

I was insured by Infinity and was making installment. Payments on my policy , there was no changes on my policy… on the 6 month of my policy they billed me for an amount deferent then my schedule payments , increasing from 340 to 800 and the remaing months lowering to 240 causing my payment to... View More

James L. Arrasmith
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answered on Sep 28, 2023

Under California law, an insurance company typically cannot cancel a policy for non-payment if payments were made consistently and in accordance with the agreed-upon payment schedule. If you have evidence of regular payments and your policy was canceled erroneously, you may have grounds to... View More

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4 Answers | Asked in Workers' Compensation and Insurance Bad Faith for California on
Q: Can I have a lawyer go after my Workers Comp insurance for not returning e-mails or phone calls regarding my case.

My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to... View More

Richard  Barkhordarian, Esq.
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Richard Barkhordarian, Esq.
answered on Aug 31, 2023

Filing for a hearing would likely help or better yet...hire a competent attorney. You have described some serious injuries. Do you know that most attorneys only charge 15% of the total settlement amount and that they cannot agree to any settlement without your permission? What are you waiting... View More

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4 Answers | Asked in Workers' Compensation and Insurance Bad Faith for California on
Q: Can I have a lawyer go after my Workers Comp insurance for not returning e-mails or phone calls regarding my case.

My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 1, 2023

There is no penalty for an adjuster not answering you. But it guarantees you are going to hire a lawyer. An experienced attorney can elect a physician outside the network when she shows there are no available specialists inside the network. Sounds like you really need a Pain Management... View More

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4 Answers | Asked in Workers' Compensation and Insurance Bad Faith for California on
Q: Can I have a lawyer go after my Workers Comp insurance for not returning e-mails or phone calls regarding my case.

My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to... View More

James L. Arrasmith
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answered on Sep 2, 2023

Under California law, if your workers' compensation insurance is not responding to your legitimate inquiries, you can indeed seek legal assistance to ensure that your rights under the workers' compensation system are upheld. Failing to respond to claimant inquiries in a timely manner may... View More

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4 Answers | Asked in Insurance Bad Faith for California on
Q: In california if im hit by a negligent driver while in crosswalk and the insurance company denied the claim , resinds a

And cancels the policy ..the insured has to have a policy to replace that canceled policy to avoid ..which policy covers my injury ? Its still covered by the canceled policy ?

James L. Arrasmith
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answered on Aug 29, 2023

If the insurance policy was in effect at the time of the accident, it should cover your injuries even if it was later canceled. If the insurance company denies the claim and rescinds the policy, you may need to take legal action against both the insurance company and the negligent driver to recover... View More

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4 Answers | Asked in Insurance Bad Faith for California on
Q: In california if im hit by a negligent driver while in crosswalk and the insurance company denied the claim , resinds a

And cancels the policy ..the insured has to have a policy to replace that canceled policy to avoid ..which policy covers my injury ? Its still covered by the canceled policy ?

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2023

Addendum - policy issues aside, since the accident occurred four weeks ago, it might be worthwhile looking into whether video footage is available. If the coverage-related issues are overcome, video could be useful in the analysis of the claim on its merits, it the claim evolves to that point. Good... View More

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1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: My home and property was completely destroyed in the CZU Fire in 2020. We elected to purchase a different home instead.

Our previous home was 4000sqft on 4.3 acres. Our new home is 2200 sqft on 48 acres. We had a 25% Home Protector Clause for upgrades to building codes. If we had elected to rebuild we would have used all of the Home Protector because the price of a new build was upward of 600 sq/ft for new... View More

James L. Arrasmith
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answered on Aug 20, 2023

The change in the law regarding land value deduction should not be retroactively applied to claims from 2020. However, you may still have a valid argument for a fair settlement based on the terms of your policy and any applicable regulations at the time of the claim. Consult an attorney familiar... View More

3 Answers | Asked in Insurance Bad Faith, Consumer Law, Contracts and Construction Law for California on
Q: I hired a licensed plumber to repipe my condo. His workers set fire to my house and the damage is bad! What happens next

The actual plumber I hired was not present on the day the work was done. His workers had no one overseeing their work. They burned my entire wall down to charred 4x4s and the fire damaged my neighbors walls and attic as well. The workers left a mess of burned debris and a disaster of the house... View More

Treg A. Julander
Treg A. Julander
answered on Aug 21, 2023

If you don't get speedy and complete relief from the plumber or their insurer, you can make a claim against their license bond. If the amount left in the bond is still not enough to fully compensate you, you could file a lawsuit and seek not only the cost to repair your home but also... View More

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1 Answer | Asked in Contracts and Insurance Bad Faith for California on
Q: Two cars were vandalized outside my apartment both with full coverage by Geico. One was repaired the other put fraud on

They dropped me . No car insurance co. Will talk to me. I have never committed fraud ever. How can they make such a huge mistake ruin my record and leave my ruined car 100 miles away and told me to bring this truck. I'm 67 and totally stressed and I feel paralyzed and I believe they are be... View More

James L. Arrasmith
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answered on Aug 15, 2023

I understand the distress you're experiencing due to the situation. In California, insurance companies are obligated to act in good faith and provide reasonable communication. If your insurance company unjustifiably labeled your claim as fraudulent, leading to dropped coverage, you might have... View More

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