California Insurance Defense Questions & Answers

Q: Am I legally required to have insurance on property if I didn't even know that I inherited it?

1 Answer | Asked in Insurance Defense for California on
Answered on Nov 16, 2018
Gerald Barry Dorfman's answer
Unless there is a loan or mortgage on the property (or some other contract) which requires insurance, there is usually no legal requirement to have insurance. If a land owner does not have insurance, they are responsible for the risks associated with ownership. One such risk is the risk of being sued, even if they are not ultimately found at fault. If they are at fault for an injury, they will be responsible for all damages awarded to the injured party. It is not clear from the question...

Q: I received a letter from a insurance company that said i owed $4,000 dollars in damages from a car that was a trade in

2 Answers | Asked in Car Accidents, Contracts, Insurance Bad Faith and Insurance Defense for California on
Answered on Nov 14, 2018
William John Light's answer
You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle. https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome

However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to do to prove that you do own it. I would question it in writing how it intends to prove your ownership of a vehicle that you sold in 2012. The plaintiff has the burden of proof, not you. I would give...

Q: What legal body regulates the insurance industry? Is it state law or some federal entity?

1 Answer | Asked in Insurance Defense for California on
Answered on Oct 30, 2018
Timur Akpinar's answer
The California Department of Insurance oversees the insurance industry in your state. It has counterparts in other states.

Tim Akpinar

Q: My insurance company is refusing to defend me in a lawsuit. Are they allowed to do that?

1 Answer | Asked in Insurance Defense for California on
Answered on Oct 10, 2018
Timur Akpinar's answer
I don’t practice in California, but your question hasn’t been picked up in four weeks. A fundamental reason for purchasing insurance is so that the carrier will defend you against claims by parties alleging that they have been harmed by you. A consultation with an attorney in your state should enable you to determine what your recourses are in this matter. Have the policy available so that the attorney could review it.

Tim Akpinar

Q: I have document s of of former landlord who fordury marriage certificate and life insurance over10idenitys

1 Answer | Asked in Business Law, Insurance Defense, Land Use & Zoning and Mergers & Acquisitions for California on
Answered on Jul 15, 2018
Thomas A. Grossman's answer
You have not explained what is going on, nor what you want to be answered.

Q: If i buy life insurance, then kill myself after 2 yrs or longer will they pay out the policy .

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Answered on Jun 15, 2018
William John Light's answer
It depends on the language of the policy. You would have to read it, or have an attorney read it. This is a very poor idea. Please reach out to a mental health counselor, your pastor/priest, and/or family members. Suicide causes immense pain for your loved ones.

https://suicidepreventionlifeline.org/

Q: How do challenge the jurisdiction?

1 Answer | Asked in Traffic Tickets, Constitutional Law and Insurance Defense for California on
Answered on Apr 24, 2018
Dale S. Gribow's answer
though more info is need.................as a rule jurisdiction lies with the location of the act.

this is the same problem OJ had with his vegas arrest.

he wanted case back in LA but no dice and his custody was there too and not in Calif

Q: How do I carry out challenging the jurisdictions of the court after first appearance

1 Answer | Asked in Traffic Tickets and Insurance Defense for California on
Answered on Apr 24, 2018
Dale S. Gribow's answer
more info is needed

you do not do.....your lawyer does.

either a private lawyer or a public defender.

share your reasoning for wanting to change jurisdiction.

however, jurisdiction lies with the location of the crime........not your residence...........OJ had the same issues with his arrest in Vegas.

Q: We believe a client has made a fraudulent claim against us about an injury on the property

1 Answer | Asked in Insurance Defense for California on
Answered on Apr 13, 2018
Gerald Barry Dorfman's answer
If you have liability insurance, talk to your insurer about it. They will probably not assign you an attorney until a lawsuit is filed, but should be advising you. If you do not have insurance, you should retain an attorney immediately. Mistakes made early in the process can really come back to bite you later.

Q: SR-22 rec'd from my insurance says "limited to driving vehicles registered in my name" - can i drive my parents cars?

2 Answers | Asked in Consumer Law, Criminal Law, Car Accidents and Insurance Defense for California on
Answered on Mar 1, 2018
William John Light's answer
If you live with your parents you should be a named insured to operate their vehicles. Check with your parent's agent to confirm coverage for you if/when you drive.

Q: How long does it take attorneys to write up settlement release forms?

4 Answers | Asked in Insurance Defense and Civil Litigation for California on
Answered on Feb 14, 2018
David Alan Wolf's answer
Once a case is settled, it may take several weeks to even a few months to get all of the paperwork signed and the bills / liens resolved. If there are no medical bills and there are no medical or other liens, the process can go a bit quicker. Also, the insurance company typically sends over the Release to the attorney. At times, the Release needs to be modified as there may be terms in the Release that were not agreed to at the time of the settlement. Have a phone conference with the...

Q: MY insurance denied my claim. How do I go about appealing the decision?

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Insurance Bad Faith and Insurance Defense for California on
Answered on Jan 22, 2018
John Karas' answer
Sounds like your insurance company doesn't believe you regarding the theft.

If you are unfairly denied the benefits under the policy, you sue the insurance company for bad faith.

Q: The insurance company is offering to settle my case but I’m not sure if their offer is reasonable. How do I know?

1 Answer | Asked in Insurance Defense for California on
Answered on Jan 12, 2018
Louis George Fazzi's answer
Add up all your out-of-pocket medical expenses, such as Dr. bills, pharmacy bills, and other expenses related to treating your physical injuries; add up the lost income you suffered resulting from the loss of time from work; calculate the value of the pain and suffering you have experienced; then add the sum of each of those components together and you will get a rough estimate of the value of your case. If the offer does not equal what you’re sum total is, then it is probably inadequate....

Q: Can I vacate or set aside a default Judgment that was entered 9 years ago, if I was not properly served?

3 Answers | Asked in Personal Injury, Civil Litigation, Collections and Insurance Defense for California on
Answered on Nov 22, 2017
Dale S. Gribow's answer
the answer would be face on the facts...........when you say properly what happened?

how were you served?

did you evade service?

did you move and not leave forwarding?

you can always make a motion to set aside and the judge based on the facts presented will decide whether to grant.

Q: Condo flooded by upstairs neighbor kitchen remodel.

2 Answers | Asked in Insurance Defense, Construction Law and Real Estate Law for California on
Answered on Nov 20, 2017
Gerald Barry Dorfman's answer
Not sure what your theory is against the HOA - if there is one, they can be included in a lawsuit. Otherwise, you can sue the upstairs neighbor (and their contractor since you've already uncovered who they are). The insurance companies have a duty to try and settle a loss after liability has become relatively clear, but if there are genuine disagreements about percentage of fault, you may need a lawsuit to iron those out.

Q: I just lost my home and everything I own due to the wildfires in Santa Rosa. Insurance company is asking for a lot!

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on
Answered on Oct 13, 2017
Gerald Barry Dorfman's answer
Unfortunately, that won't do it, although you may be able to handle the necessary paperwork in a way that takes a lot less time than you anticipate. The amount of coverage really doesn't determine the amount of your claim, except to put a cap on it. Of course, if you have $400K in coverage, own the home outright, and can demonstrate the value of the home vastly exceeds the policy limits, that could work. Then, you would not have to bother with a contents claim. So sorry for your loss.

Q: Ok I have counsel for defense in no fault no insur and no lic. Car accident. How will it play out

1 Answer | Asked in Car Accidents, Criminal Law, Insurance Defense and Personal Injury for California on
Answered on Oct 11, 2017
William John Light's answer
Ask your attorney. You are paying him. The rest of us are internet strangers to you. Why would you come to us?

Q: Insurance denied the claim based on the pictures they have from the police.My witness contradicts it.Do I have a case

1 Answer | Asked in Traffic Tickets, Car Accidents and Insurance Defense for California on
Answered on Oct 5, 2017
William John Light's answer
It depends on the witness and all of the facts. The insurer should talk to the witness if it hasn't already and make a determination. If the insurer's denial is final, you can sue the other driver in Small Claims court. Bring the photos, police report, estimate for repair of the damages, and bring the witness or bring a written statement from the witness, signed under penalty of perjury.

http://www.dca.ca.gov/publications/small_claims/court.shtml

Q: What do I do if insurance lawyers in a car accident suit reached out to me as the opposing party to discuss settlement

1 Answer | Asked in Insurance Defense for California on
Answered on Sep 19, 2017
Gerald Barry Dorfman's answer
Attorneys are forbidden by the rules of professional conduct from contacting people regarding a matter in which the person is represented by counsel. You should inform your attorney of this attempt.

Q: E age 15 was driving her grandfather's vehicle with permission and was involved in a T-bone collision .

2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for California on
Answered on Aug 24, 2017
William John Light's answer
If it's the adjuster for the insurer of the car she was driving, she has an obligation to cooperate. If it's the adjuster for the insurer of the other car, she should not give a statement without consulting with a Nebraska attorney. Regardless of which adjuster it is, if and when she speaks, she should tell the truth. Giving a false statement can be insurance fraud.

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