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California Insurance Bad Faith Questions & Answers
1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on
Q: My Root Canal Dentist overcharged me 15 months ago. Am I entitled reimbursement plus interest?They earned interest on it

I told my dentist I had a Root canal dentist I knew was in the plan but they insisted I go to their guy who was their sister office; it turned out he was not in the plan and they tried to make me pay the full amount. I appealed and my dental plan paid the claim. It was then that we discovered... View More

Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

There is a law on the books since 2017 that says if you are being treated by a provider under a plan and get additional treatment from a non plan provider that the non plan provider must take the amount allowed by the plan. Consult with an attorney about this and google this for the California law... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: Who's at fault for not properly secure/protect appliances that were taken out kitchen after water burst?

Insurance company or water mitigation company who I hired? Water mitigation company wrapped up appliances and set them outside in backyard. However, insurance company never told me that I could have asked the mitagation company to put them into a storage locker while the repairs were done.... View More

Neil Anapol
Neil Anapol
answered on Apr 14, 2022

Both the mitigation company and the insurance company are responsible. The mitigation company because they should have known not to leave appliances wrapped in plastic in your backyard. Thus, they negligently caused the property damage. The insurance company has a duty under the insurance... View More

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Elder Law and Insurance Bad Faith for California on
Q: If I was overcharged for a root canal 15 mos. ago Am I entitled to reimbursement plus interest? They earned interest.

I wanted to go to my root canal dentist who was in the plan but they insisted i go to their sister office; as it turned out he was nor in the plan and i had to appeal to get them paid.

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2022

A California attorney could advise best, but your question remains open for three weeks. Nationwide, claimants do sometimes include interest in filing arbitrations for health care services (I cannot speak for California rules with AAA or other arbitration forums). But as a practical matter, it... View More

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Small Claims for California on
Q: Ice and snow fell on my vehicle at a business causing damage and their insurance saying not at fault. What can I do?

I was at a drive through coffee shop in Flagstaff, Arizona. It was warming up that morning and the ice and snow melted and slid off the business’ roof which ended up landing on top of my hood causing damage.

I filed a claim with their insurance (Chubb) and they came back and denied my... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

You may have a bad faith claim for denial of your claim, but it will likely depend on the terms in the business insurance policy. However, even if the insurance policy won't cover your loss, you may still be able to sue the business for negligence for your damages, but you will likely need to... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Small Claims for California on
Q: California State Witness statement/ testimony

California State

I sent an email last week to the insurance company asking for the full testimony/statement of the witness and what he exactly said with the specific time and specific and date of the testimony after the insurance company closed the case based on that statement and ignored... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2022

MORE INFO IS NEEDED.

IS IT YOUR INS CO? IF SO THEY HAVE AN OBLIGATION TO COOPERATE.

IF THE OTHER SIDE, THEY WILL PROBABLY SUGGEST YOU STATEMENTIZE THE WIT YOURSELF.

MAKE AN APPOINTMENT WITH A LOCAL PI LAWYER.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: How long can the insurance company wait for witness to respond?

I was involve in accident where my the rear left side of my car was hit by another car(truck) after I took a left turn and enter the TWLT area where the accident occurred inside that area between the two yellow lanes, I have all the images to prove that. No injuries occurred we didn't file a... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 6, 2022

The issue is often how much weight to give to the wit testimony. However, remember the car turning LEFT is usually presumed to be at fault ...absent other evidence.

It sounds like the damage is minimal and thus filing in small claims may get you some immediate response.

Remember you...
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1 Answer | Asked in Bankruptcy, Contracts and Insurance Bad Faith for California on
Q: Can a general liability insurance policy under a corporation be claimed as an asset in a personal bankruptcy?

We are looking for lawyers who specialize in bankruptcy law and insurance coverage law to help us figure out our situation. In short, we had a contractor building a new custom home for us, abandon our job, file for bankruptcy and move out of state taking money with them that was intended for... View More

William John Light
William John Light
answered on Feb 14, 2022

Yes, it's an asset. You need to request relief from bankruptcy to proceed against the limits of the insurance policy. Also, the contractor's insurance policy does not provide coverage for shoddy work. It does provide coverage if your property is damaged by shoddy work, e.g., you have... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: My car was stolen and my insurance company has done nothing to settle my claim since 4/16/21
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2022

A California attorney could advise best, but your question remains open for two weeks. You could ask your insurance company what is causing the delay, whether it is due to awaiting information, an ongoing investigation, or other reason. You could also reach out to attorneys who handle auto theft... View More

2 Answers | Asked in Insurance Bad Faith, Personal Injury, Consumer Law and Contracts for California on
Q: A detaler sold me a car I found out it had two vin numbers when I crashed and found out no insurance was on it

I bought insurance at the dealer thru the geico dealer service agent the dealer verified with geico I had full coverage gave me a paper showing comp and collision. now they say I never had collision dealer said geico is wrong and don't listen to them but car is still not getting fixed I think... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 13, 2022

It sounds like you might be able to hold someone responsible. You should sit down with an attorney to discuss possible options.

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1 Answer | Asked in Consumer Law, Federal Crimes, Insurance Bad Faith and Small Claims for California on
Q: My car was stolen and my insurance company has done nothing to settle my claim since 4/16/21

My business has gone down hill because I DO NOT HAVE TRANSPORTATION. I paid for the highest package and never received one ounce of what their contract stated. This is fraud and I need an attorney asap. I am in San Diego but my insurance agent is in Beverly Hills.

Neil Anapol
Neil Anapol
answered on Feb 2, 2022

I suspect there is more to the story, but basically you have probably have an insurance bad faith claim against the insurance company, not the agent. I would contact the adjuster and/or the adjuster's supervisor and find out why they have not settled your claim. Sometimes, the resolution of... View More

2 Answers | Asked in Insurance Bad Faith for California on
Q: Would like to have a Bad Faith and Fair Dealings lawyer contact me

My Insurance Company breach our policy by refusing to thoroughly investigate Claims

Neil Anapol
Neil Anapol
answered on Jan 21, 2022

What is your question? If you are asking if you have a case, I would need the entire story. Failure to investigate, by itself does not make for a bad faith case. There has to be damages caused by the insurance company's unreasonable claims handling.

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Q: How close is the initial settlement offer to the final from an insurance company? Like night or day?
Yelena Gurevich
Yelena Gurevich
answered on Jan 11, 2022

It depends... on the facts, the injuries, the adjuster, the insurance company, the status of your case, and even the attorney representing you. No random lawyer can answer a question like this without specific details. Consult with an attorney or several attorneys to get a better idea of the... View More

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1 Answer | Asked in Criminal Law and Insurance Bad Faith for California on
Q: Is it too late to report renters insurance fraud that occured more than 3 years ago?

Can someone be convicted of rental insurance claim fraud (investigated and convicted) if the crime occured more than three years back? (Less than 10 years ago)

Neil Anapol
Neil Anapol
answered on Dec 20, 2021

The statute of limitation is actually four years. However, unless you have solid evidence, its unlikely that the authorities are going to take an interest in the case or investigate it.

2 Answers | Asked in Insurance Bad Faith, Car Accidents and Small Claims for California on
Q: Can I sue the at fault policy holders insurance company for bad faith IN small claims court? I believe I have cause.

Policy holder = Door Dash (door dasher was in route with food)

The question of who was at fault is not an issue. due to limited character space available, the following is not exhaustive.

(I believe) I have documented no less than 3 instances of bad faith practices, and potentially... View More

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

MORE INFO NEEDED.

SET UP AN APPT TO GO OVER YOUR POTENTIAL CASES WITH A PI LAWYER.

IF IT IS BAD FAITH IT WOULD HAVE A LOT MORE VALUE THAN THE $10,000.

CHANCES ARE BAD FAITH WOULD BE HARD TO PROVE AND... IF YOU WON ...THE OTHER SIDE WOULD APPEAL AND THEN THEY CAN HAVE LAWYERS...
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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... View 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.... View 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... View 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... View 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... View 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... View 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... View More

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