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California Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: What case can you note where a CA malpractice claim can be tolled?

Need to claim a letter date than death of my husband to start the clock on a malpractice case

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2023

A California attorney could advise best, but your question remains open for a week. It could sometimes be difficult to get accurate input in terms of a case citation on a public forum. Such settings can be issue and fact-specific (for example, the discovery rule, where applicable per a... View More

2 Answers | Asked in Insurance Bad Faith for California on
Q: Race Stereotype written letter from Blue Shield Medical Insurance .. That was written to me for a MD DR referral
James L. Arrasmith
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answered on May 9, 2023

It is important to remember that stereotypes based on race are harmful, offensive, and inaccurate. They have no place in our society, and it is crucial to address them when they occur.

If you have received a letter that includes race stereotypes from Blue Shield Medical Insurance or any...
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1 Answer | Asked in Health Care Law and Insurance Bad Faith for California on
Q: Looking to see if this is something even worth pursuing but I would like justice.

Managed care company . Needed specific radiation treatment recommended by neurosurgeon. Denied by insurance company, appealed. Reviewed by a "pediatrician" who agreed to not provide the treatment . Dragged their feet on authorizing my care. Reported them to the Department of Managed... View More

William John Light
William John Light
answered on May 4, 2023

Maybe. Whether it is worth looking at in detail depends on your injuries as a result of the delay or declination in coverage. Did the condition worsen? Did your recovery suffer? Do you have permanent injuries that you would not have had if the radiation had been approved in a timely manner?

2 Answers | Asked in Insurance Bad Faith for California on
Q: I need a lawyer from Northern California silicon valley area for cancellation of insurance from homelessness
James L. Arrasmith
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answered on Mar 1, 2023

To find a lawyer in Northern California, including the Silicon Valley area, you may want to consider the following options:

Referrals from friends and family: You may want to ask friends, family members, or colleagues if they know of any attorneys who specialize in insurance law or have...
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2 Answers | Asked in Insurance Bad Faith for California on
Q: I nee a Lawyer to represent me with a case with the insurance of the house

The information about it, it will be when the Lawyer will communicate with me.

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

You need to consult with a lawyer who is experienced in insurance bad faith matters. They will not contact you through this website.

Do a search and look for attorneys experienced in handling insurance bad faith matters involving homeowners insurance, then start contacting them....
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: My car insurance had me complete an examination under oath.

After I completed my euo, I felt like a messed up on some of the questions but the attorney that represented my insurance company said they will mail me a transcript of the euo what does that mean and I can revise it ? Is that true ?

Dale S. Gribow
Dale S. Gribow
answered on Oct 25, 2022

the first thing you should do is make an appointment with a local PI lawyer.

you should never deal with the ins co on your own....or do you have a lawyer.

whatever you said will be typed up and you can correct what is wrong........but the ins co has the right to bring that to the...
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1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for California on
Q: How are fences destroyed by wildfire covered under CA law regarding fences?

We lost our home in the Tubbs Fire on 10/09/17 in Santa Rosa, CA. Still dealing with Nationwide. They are saying the fence is under coverage "B", Other Structures. I am arguing the fence should fall under coverage "A", Dwelling because it was attached to the house on both sides.... View More

Neil Anapol
Neil Anapol
answered on Oct 10, 2022

Fences are always considered to be other structures. I don't know of any California cases that hold differently, and I suspect that the Texas case you cited has some unusual nuance to it that led to that result. Given that this fire occurred over five years ago, its hard to see how you could... View More

1 Answer | Asked in Business Law, Civil Litigation and Insurance Bad Faith for California on
Q: Can Auto Club be held responsible for the theft of my car under liability when it was stolen in their care, custody, con

They want me to claim it on my personal policy but it happened because they told me to leave it with the keys after an accident and it would get picked up. It wasn’t picked up. It was stolen

James R. Dickinson
James R. Dickinson
answered on Oct 9, 2022

More information is needed. Speak with a local attorney regarding this. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Car Insurance, and maintenance BAR lawyer

Hello,

My passenger airbag in my Honda deployed on the freeway. There was no accident, I’m not sure if it was a pot hole, bump, or malfunction. My insurance is blaming it on manufacturer, and vise versa. Now Allstate won’t pay Honda for the inspection and storage fees after “the jerk... View More

James L. Arrasmith
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answered on Oct 4, 2022

Yes, I would advise that you contact a lawyer about your situation.

2 Answers | Asked in Insurance Bad Faith for California on
Q: I had a knee replacement as a inpatient but was released that night. I've been trying to get my deductible back.

My doctor wrote a letter to the hospital that it was an outpatient surgery and to rebill ins. I've been fighting this for 16 months and keep getting the run around. Please advise if I have recourse. Thank you.

James L. Arrasmith
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answered on Oct 4, 2022

A strongly-worded letter to the company letting them know that you will be suing them if they do not stop illegally trying to bill you should do the trick. Contact my office if you need assistance in drafting such a letter.

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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,... View 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... View 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... View 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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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... View More

James L. Arrasmith
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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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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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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