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California Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Defense for California on
Q: In 2/20/2017 there was a flood in some areas of San Jose, CA., and my house's foundation was damaged by the water, but I

realized now because of the city's inspector report. Therefore I submitted a claim to my insurer this month.

But because of the late reporting the insurer asks me to sign a Non-Waiver Agreement. What the document is about? Should I sign it?

Thanks

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2022

A California attorney must advise you here, but your post remains open for five weeks. As a general concept, non-waiver agreements arise in property & casualty claims when the insurance carrier reserves its rights to investigate and defend a claim, and where it does not concede liability. This... View More

1 Answer | Asked in Criminal Law and Insurance Defense for California on
Q: Can a tenant be prosecuted in 2021/2022 for rental insurance fraud committed in 2016?

The tenant organized an accident severely damaging the house, rendering it uninhabitable. The owner had to repair it. The accident could have killed people in or around the home at the time and the renter collected an insurance claim. We are in California.

Dale S. Gribow
Dale S. Gribow
answered on Dec 15, 2021

MORE INFO IS NEEDED.

DID YOU KNOW ABOUT IT THEN? WHEN DID YOU LEARN ALL THIS?

WHY ARE YOU NOW BRINGING THIS UP IF YOU KNEW FOR A LONG TIME???

BEFORE YOU DO ANYTHING CONSULT WITH A LOCAL LAWYER TO BE SURE YOU DON'T

HAVE ANY LEGAL EXPOSURE.

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

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 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 Defense for California on
Q: Insurance denied claim because driver was not listed on my policy, but they went ahead and paid for the other car's

damage and now 3 years later the insurance company is suing me for what they paid for other car's damage, am I responsible for this?

Maurice Mandel II
Maurice Mandel II
answered on Sep 21, 2021

Are you personally responsible for damage cause by an un-permitted driver of your car? Depends on what your policy says, but most likely yes. You should consult with a Personal Injury attorney near you and defend yourself against your own insurance company. Even if you are responsible you may be... View More

1 Answer | Asked in Contracts, Personal Injury, Insurance Defense and Small Claims for California on
Q: If loaner company knew I had a nonowners insurance policy does that mean they are held liable for any damage done tocar

They didn’t offer additional coverage, knew I had nonowners & loaned a vehicle. Vehicle was damaged & nonowner policy won’t cover it saying they should’ve never let me drive away with it. Am I responsible for the damages to the car? Or are they because of negligent entrustment?

Maurice Mandel II
Maurice Mandel II
answered on Sep 11, 2021

Normally "negligent entrustment" is when someone entrusts property to a third person who then injures you. Claiming to be the incompetent person to whom the property was entrusted is an interesting legal theory but it may not fly in court. You don't say how the car was damaged.

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.

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Defense for California on
Q: I accidentally let go of the brake in my car causing it to hit the gate of the parking structure, is that a hit and run?

The manager & owner of the apartment complex want to call the police and say it is a hit & run. I offered to pay for the repair, but they don't want to do it that way. What should I do?

Dale S. Gribow
Dale S. Gribow
answered on Aug 2, 2021

if while driving your car you cause damage you have to leave word on how to contact you.

Yes, technically it is a Hit and Run.

i assume your position is that you didn't see any damage and would not have known who to contact.......unlike hitting a car and leaving a note for the...
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2 Answers | Asked in Car Accidents and Insurance Defense for California on
Q: If I get into an accident while driving a company car while doing job duties will my personal insurance be affected?

I work for a self driving car company in the Bay Area and I got into an accident today where I was parking the company car during my shift and I accidentally backed up into a parked car. All collision procedures took place and I left a note on the car. There wasn’t much damage to either of the... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 13, 2021

Remember that insurance follows the car.....so the insurance for the car you were driving in, should control.

there is no law that you have to report the accident to your insurance co.

when it comes up for renewal, unless they ask, I would NOT volunteer the info.

if your ins...
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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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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 Contracts, Car Accidents and Insurance Defense for California on
Q: can an auto dealer be held liable for reporting new car purchase to buyer's insurance?
Yelena Gurevich
Yelena Gurevich
answered on Dec 14, 2020

liable for what? why wouldn't the dealer report the purchase to insurance to protect their interest?

3 Answers | Asked in Car Accidents, Insurance Defense and Small Claims for California on
Q: Should I sue or threaten to sue a company that is dragging their feet in an accident related insurance claim?

To summarize - I am a CA resident. On a trip to Wisconsin, my rental car was hit (while parked and unoccupied) by a driver for Loomis Armored. The company admitted fault and said they would reimburse the rental car company. I do not have collision insurance or insurance with the rental car company.... View More

William John Light
William John Light
answered on Dec 1, 2020

Your credit card company may offer free rental car insurance as part of your cardholder benefits. Find out and make a claim if possible.

Why would Loomis pay the rental car company? The rental car company was already paid by you. If Loomis owes anyone, it's you.

You have a...
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2 Answers | Asked in Insurance Defense for California on
Q: I had a dui in a vehicle that I was financing last year but my insurance company has the wrong date of the accident.

What can I do. I still owe 15 grand on it

Maurice Mandel II
Maurice Mandel II
answered on Nov 3, 2020

Your question "What can I do?" is not very clear. Seems like you have already done enough, drove while under influence and got into an accident. Not clear what additional advice you want. Don't drink and drive, is one thing you can do for the future, but you already messed up the... View More

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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 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 Defense for California on
Q: statue of limitations in California for auto insurance fraud
Maurice Mandel II
Maurice Mandel II
answered on Aug 6, 2020

The standard fraud SOL is three years.

Justia disclaimers below, incorporated herein.

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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