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California Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for California on
Q: Can a vehicle insurance company cancel you because you are homeless
James L. Arrasmith
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answered on Feb 28, 2023

No, a vehicle insurance company cannot cancel your insurance policy solely because you are homeless in California. The California Department of Insurance considers it discriminatory to cancel or refuse to issue a policy based on a person's housing status. Insurance companies in California are... View More

2 Answers | Asked in Business Law and Insurance Bad Faith for California on
Q: I am the owner of a transportation logistics business. One of my tractor/trailers was damaged and I am seeking payment

from the commercial insurance servicing my fleet. However, they agreed to pay the claim but I have sense been getting the run around. I have left voice messages and sent emails I am unable to get a live person on the phone or anyone to respond. Any suggestions????

Neil Anapol
Neil Anapol
answered on Feb 23, 2023

It depends on how much time has passed since you first reported the claim, and whether you have complied with all of the conditions of the policy. Assuming you have done everything right, and more than 40 days have passed, your insurance company is engaging in bad faith. If the value of the claim... View More

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1 Answer | Asked in Insurance Bad Faith for California on
Q: My vehicle was vandalized I filed a claim with my insurance

I took my car to get seen a body shop. They body shop took my car and said they could start the vehicle today. The insurance company then approved it 3 days later and by the next morning they declined it and was under investigation. No one is giving me anything answers. My car is now done. I sent... View More

James L. Arrasmith
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answered on Feb 20, 2023

If your vehicle was vandalized and you filed a claim with your insurance company, the insurance company has a duty to investigate your claim and determine whether it is covered under your policy. However, the length of time it takes to complete the investigation and make a decision may vary... View More

1 Answer | Asked in Insurance Bad Faith and Personal Injury for California on
Q: Can I sue my dentist for billing my cheap insurance instead of my primary insurance that would have covered the service

I had to pay out of pocket when my Denti Cal would have covered it. I found out they never even billed Denti Cal to cover it after saying they did but I was told I was denied. I paid a lot out of pocket that should have been covered

James L. Arrasmith
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answered on Feb 19, 2023

If your dentist billed your cheaper insurance instead of your primary insurance, and you had to pay out of pocket as a result, you may have grounds to sue the dentist for malpractice or negligence. If the dentist was aware of your primary insurance and failed to bill it, or if the dentist misled... View More

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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2 Answers | Asked in Car Accidents, Health Care Law and Insurance Bad Faith for California on
Q: i have paid to my union 50 thousands dollars for health and welfare got into accident n owe 40 k was coverd

Crashed a company vehicle and at the time I had worked over the years. Nearly 8 thousand hours. Nearly 50k has been payed for my health and welfare. From 2015-2018. These years I wasn't even covered. I have evidence of all this with documents. It's crazy to me that my credit has been... View More

William John Light
William John Light
answered on Jan 30, 2023

Unclear what you are asking about. If you were in a company vehicle, the company's auto insurance should have applied, including Medical Payments and Uninsured/Underinsured Motorist coverage (if the collision was the fault of another party). If you are asking about medical coverage, it would... View More

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1 Answer | Asked in Insurance Bad Faith for California on
Q: Can an Umpire in a California Insurance Code 2071 Appraisal suspend or terminate the Appraisal between the parties?

Umpire hasn't ruled on differences presented by each appraiser, yet he has suspended the appraisal and threatens to terminate it because the insured is unable to pay the umpires invoice for service up to just prior to the hearing.

Additionally, the invoice is being contested because... View More

Alexander C. Safarian
Alexander C. Safarian
answered on Jan 5, 2023

Under California Insurance Code Section 2071, an umpire appointed to participate in an insurance appraisal has the authority to suspend or terminate the appraisal process if necessary. The umpire may take this action if it becomes apparent that the appraisal process is not being conducted in... View More

2 Answers | Asked in Insurance Bad Faith for California on
Q: We were denied our insurance claim when our trailer was stolen. They said we couldn't prove it was stolen

Also they said we didn't file a report on time 24 hours of incident. We filed when we found out. ..

Ronnie Kashri
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Ronnie Kashri
answered on Dec 23, 2022

Whether your insurance company should or should not have denied your claim will depend upon numerous things such as the detailed facts of loss, the information provided to the insurance company, the insurance policy, and the law. It is difficult to tell based on the minimal information if the... View More

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6 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: What type of lawyer would handle disputes with insurance companies over car accident involving a fatality?
Dale S. Gribow
Dale S. Gribow
answered on Nov 22, 2022

a car accident lawyer, referred to as a Personal Injury Attorney.

call one local, though.

if there is an injury, and you were not at fault, most of us would accept the case on a contingency fee. That means the lawyer will only take a percentage of what he/she gets.

absent a...
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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: My car insurance company asked me to get an attorney because I have a claim against me in a fatal car accident.

My insurance company had already found me 100% liable without the chp report being released

What type of lawyer handles this type of case?

Neil Anapol
Neil Anapol
answered on Nov 15, 2022

Its not clear what you are asking. Your insurance company has a duty to defend (retain a lawyer on your behalf) and indemnify you (pay any settlement or judgment up to the policy limit). If your insurance company is disputing coverage, you need an attorney who specializes in handling insurance... View More

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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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2 Answers | Asked in Insurance Bad Faith, Products Liability and Car Accidents for California on
Q: Under California insurance law how long does the insurance company have to settle a claim? What article # is this law?

Trying to find the article number if it is a real law.

William John Light
William John Light
answered on Oct 24, 2022

If you are talking about an insurance company for another person who might be liable to you for damages caused by an accident, the insurer can dispute its insured's liability, and the extent of the damages, until there is a settlement or a final judgment.

If you are talking about your...
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1 Answer | Asked in Insurance Bad Faith for California on
Q: Can an insurance company claim “betterment” on a comprehensive policy for a stolen catalytic converter in Ca?

Part was stolen over 2 months ago, still don’t have use of my vehicle. Can’t afford replacement out of pocket.

Spoke to supervisor at my insurance company, says I will need to pay for the new part because catalytic converters are parts subject to routine replacement; like batteries and... View More

Neil Anapol
Neil Anapol
answered on Oct 20, 2022

I agree with you. Its not betterment. A catalytic converter does not depreciate because the useful life is essentially as long as the useful life of the car. Do you have anything in writing from the insurance company taking this position?

One approach would be sue the insurance company...
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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 R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

Speak with a local attorney who can assist you. [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.]

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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.

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