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California Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Contracts for California on
Q: If a complaint with California Department of Insurance had been filed, will this toll the contractual statutory

period of an home insurance company ?

Neil Anapol
Neil Anapol
answered on Oct 12, 2021

Filing a complaint with the California Department of Insurance does not toll the contractual statute of limitations. However, the contractual statute of limitations is tolled during the time the claim is open. Therefore, the statute begins to run when the event triggering the claim occurs. It is... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for California on
Q: If insurance carrier denied insured's claim, by false interpretation and application of Buillding code, to deny claim,

Is it considered material misrepresentation and therefore fraud by insurance carrier? What is the prescriptive period to sue the insurance carrier?

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2021

A California attorney could advise best, but your post remains open for three weeks. Until you are able to have a meaningful and detailed consult with a local attorney, it sounds like an interpretation of law more than a representation. As to whether the interpretation is correct, that could be a... View More

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have a question about The Carmack Amendment.

I looked at the information in the link you sent. Thank you for responding.

First, I searched for "diminished", then for "only" in order to locate anything that states that property is only the physical article that was damaged and nothing else that is commonly also... View More

Leon Bayer
Leon Bayer
answered on Sep 29, 2021

The Carmack Amendment is a 1906 revision to the Interstate Commerce Act of 1877, which regulates the relationship between shipping companies and the owners of goods under shipment. The Carmack Amendment limits the liabilities of these shipping companies, known as carriers, to loss or damage of the... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: My son was robbed at gun pt at an LA cafe serving food at tables outside. Should their insurance cover his loss?

The cafe owner said he would check with his insurance about covering the loss and he said his insurance would not cover the loss because it occurred outside, yet the cafe serves patrons outside all the time…

John Karas
John Karas
answered on Sep 15, 2021

This is not a insurance bad faith matter. You're not the insured and lack standing to sue the cafe's insurer.

You can sue the owner for negligence insofar as failing to provide security. However, unless the amount stolen from you exceeds $10,000, you would have to file the...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My insurance underwriter wants me to update wiring in a 120 yo home.

I bought a home in Pennsylvania recently, and there is some residual knob and tube wiring. My insurance underwriter did not do any inspection (due to covid), but is now threatening to drop coverage based on my disclosure.

I have had the home inspected multiple times, all of whom said that... View More

John Karas
John Karas
answered on Aug 24, 2021

This is a question to pose to an insurance bad-faith attorney in Pennsylvania.

Q: The Worker's Compensation Atterney I hired settled my PD claim w/o my consent

I told him no i wanted full disclosure of my claim and need to ask the judge for some of my $125,642 award i was put as permanet and stationary way to early by my PTP when still getting my right hand,fingers,thumb,wrist from pulling radial nerve out of my bicept from jobsite fall ,and my back and... View More

Neil Pedersen
Neil Pedersen
answered on Jul 13, 2021

You have not asked a question.

This Q&A board is not a place to solicit an attorney to work for you. It is a place to get general legal guidance.

Speak to your attorney about this. You cannot be forced to sign a settlement that you do not agree with. However before you walk...
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2 Answers | Asked in Insurance Bad Faith, Personal Injury and Workers' Compensation for California on
Q: a corrupt doctor had my supportive care ended, the lawyer and insurance co were complicit ! I have documentation please

Please help, the attorney made false pleadings to the judges, the doctor did not even see me for 10 minutes and never examined me.

the recent laws changed helped them to squash my pleadings. I've gone as far as I can . they made so many lies that can be proven with electronic files.... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 9, 2021

MORE INFO NEEDED.

YOU NEED A LAWYER THAT IS WILLING AND CAPABLE OF HANDLING THIS MATTER ON A CONTINGENCY......IT IS NOT MY FIRM AS WE DON'T DO THAT KIND OF MATTER.

MOST LAWYERS DO NOT WANT TO THROW THEIR OWN MONEY AT LITIGATION THAT MAY BE STALE?

I ASSUME IF THIS WAS A...
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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for California on
Q: is there a whistleblower reward available for reporting insurance fraud in california?

a business is allowing a doctors office to “recruit” patients on its premises. one of the managers is receiving a referral bonus (cash) for every employee that goes and has any procedure (bonus is from the dr office not from the employer). on top of that the doctors office offering new... View More

William John Light
William John Light
answered on Apr 22, 2021

Insurance fraud is a crime, so contact the police. You can also contact the Medical Board, which licenses and disciplines physicians. dca.ca.gov/consumers/complaints/medbd.shtml

You can also retain an attorney to file your own lawsuit against the medical providers under the Insurance...
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1 Answer | Asked in Insurance Bad Faith for California on
Q: What can we do when our Travel Protection insurance claim was denied after giving proof of being sick with Covid?

Our 20th anniversary Kauai trip was planned for 4/01 - 4/08. All back up documentation was given to Red Sky Travel Insurance, including the "Attending Physician Statement" but I was still denied reimbursement. Red Sky Travel Insurance company replied with "after testing positive... View More

William John Light
William John Light
answered on Apr 19, 2021

You will have to explain why the insurance company was wrong. Its math appears to be correct.

1 Answer | Asked in Insurance Bad Faith for California on
Q: Is it better to get hit with a lawsuit or try and pay Subrogation claim?

There was an accident that happened over 2 years ago and I received a call saying that I have a Subrogation claim against my a claim agency called Recovery Partners. They're saying that I have to pay $6500 or they'll file a Lawsuit against me.

William John Light
William John Light
answered on Mar 24, 2021

You can negotiate the amount, or negotiate payments, or file bankruptcy, or hire an attorney to defend a lawsuit, etc., etc. Which is the best option would require a lot more information.

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: Car insurance said that they will not be responsible to cover my at fault collision. Are they able to refuse?

They called me 4 days after I reported that I was in a collision and informing them that I was at fault. They said that they will cancel my policy and will not cover the accident because I did not report my 15 yr old brother as a household member and he was in the vehicle at the time of the... View More

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

YOU NEED TO MAKE AN APPT WITH A LOCAL PI LAWYER TO DISCUSS THE MERITS OF A BAD FAITH ACTION AGAINST THEM. HAVE YOUR POLICY READY FOR THE LAWYER TO READ.

INS CO'S WILL LOOK FOR ANY REASON TO NOT PAY AND CLAIM YOU LIED OR DID NOT DISCLOSE ALL NECESSARY INFO REQUESTED.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Is a nursing home allowed to make changes to a residents insurance to meet the needs of the facility without consent?

A nursing home has made changes to my mom's insurance. My mom had Medicaid through the state of CA which was Health plan of San Joaquin. As of April 2020 , HPSJ was dropped and now she only has Straight Medicaid. I only found out after receiving bills from her Doctors telling me She owed for... View More

William John Light
William John Light
answered on Feb 8, 2021

Any answer to this question would require a lot more information: medical records of your mom's condition in April 2020, documents showing the Home's authority to act on your mom's behalf, documents from HPSJ showing how the change in service was accomplished, research showing... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: Hello I want to know how much I have to pay a lawyer fee if I avail the services of a counsel against insurance company

My Insurance is not giving me any amount after settlement.

William John Light
William John Light
answered on Jan 14, 2021

Your post says you are in Las Vegas. If your case is in Las Vegas, you need to ask Nevada attorneys. There are several really good ones in Las Vegas, who will be able to advise you.

1 Answer | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for California on
Q: My dentist refuses to abide to the insurance in-network contract and has charged me more than the allowance for braces.

The insurance has already called them more than once to inform them that there is an allowance but still they are overcharging me. A financial agreement was signed and the dentists stated on the agreement that those were the allowed insurance and treatment charges but it was all a lie and fraud. My... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 28, 2020

You could file such a lawsuit, but IMO what you really have is a run of the mill breach of contract suit against the dentist. This really is not something to be excited about, and it is not going to go to the Supreme Court. You should write a calm and polite letter to the dentist with a copy of... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Libel & Slander and Personal Injury for California on
Q: A notice of suspension. (NOS) to Poppy Trails Trailer par pursuant health and safety code18510 & 18511 18870.11 18870.12

Health and safety code section 18510 18511 and or 18870.11 18870.12

Notices on dates January 1, 2016. October 25th 2018 and May 27th 2020 ordering you to renew your expired PTO or to be subject to the PTO suspension of civil penalties and criminal procedures penalties including dates on the... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 27, 2020

MORE INFO NEEDED.

I DO NOT BELIEVE THIS IS A NEGLIGENCE QUESTION.

I SUGGEST YOU CALL A CHINO LAWYER, AND FIRST WRITE OUT ALL THE FACTS IN DETAIL, SO THAT THE LAWYER IS NOT PLAYING SECRETARY.

1 Answer | Asked in Insurance Bad Faith for California on
Q: What is the law in CA re replacing car seats after an accident?

There was one occupied and one unoccupied child seat at the time of my car accident. Progressive says they will only pay $125 to replace the occupied seat. Is this acceptable per CA carseat laws? I was under the assumption they should be responsible for fully reimbursing the cost of both seats.... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 25, 2020

IMO the issue is not whether the seat was occupied, but whether it was damaged so as to make it dangerous to continue to use for a child's safety. You have asked several questions about this and Mr. Light told you what to do to go to small claims to obtain satisfaction, which is your best... View More

3 Answers | Asked in Insurance Bad Faith for California on
Q: Can I get my deductible back after a car accident, and my kids' car seats replaced?

I was involved in a minor car collision (5-10 mph) approx. 2 months ago. Progressive found me not at fault for the accident, and Geico also said their driver was not at fault. I already had to pay a $1,000 deductible to get my car fixed, but since it is now a word vs. word situation are there... View More

William John Light
William John Light
answered on Sep 25, 2020

Small Claims against the other driver is an option if you can prove s/he was at fault. You will need Progressive's consent to pursue the other driver since Progressive now owns part of the claim for property damage. You will need the receipt/estimate for repair, proof of payment of the $1k... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Do I have to release personal text messages to my insurance company for a claim?
William John Light
William John Light
answered on Sep 12, 2020

You have a duty to cooperate in your claim. What that entails depends on the nature of the claim and what they are asking you to release. If this is an auto claim and they want to know if you were texting and driving, it would make sense for the insurer to ask about text messages. In that case,... View More

1 Answer | Asked in Insurance Bad Faith and Health Care Law for California on
Q: My Dentist filed a fraud claim to both a insurance company and Medi-cal in California.

Although the money was paid back I lost the benefit from Medicare that allows this procedure only once every 5 years. This was not the first time this office has billed for more than services I received. I thought that I was only approved for a cleaning only to find out I was approved for a deep... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 28, 2020

Fraud has a 3 year statute of limitations from the date of discovery. Perhaps you should sue the dentist for fraud. You could even go to Small Claims if it is less than $10,000. You should definitely consult with a Dental Malpractice attorney in your area.

Justia disclaimers below,...
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5 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: I WAS IN A accident and their insurance is take full responibililty, do i let repair or take check and repair myself?

the insurance company gave me 2 opitions . take to their repair shop - get a rental , est and repair. only get rental if i take to their shop and get repaired there. 2nd opition is take my jeep to get est. - no rental and they issue me a check . that was all that was said please heplp

Louis George Fazzi
Louis George Fazzi
answered on Jul 28, 2020

Are you aware that you are asking this question of California attorneys? Most lawyers admitted to practice in the state of California may not be licensed to practice in Colorado, and consequently should not offer you advice based on California law.

Secondly, you did not indicate where the...
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