Ask a Question

Get free answers to your Insurance Defense legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: How besides the truth how dose one defend against an auto insurance Exclusion Clause?
Peter N. Munsing
Peter N. Munsing
answered on Sep 19, 2016

You get your policy. Don't have it? Ask. You consult a member of CAOC--they give free consults In the meantime don't give statments to the other insurance. Get a hold of the police report. Some exclusions are not proper under state law. Others are misapplied. Not knowing your case a... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: Insurance company demanding $900 back that was given to us in THEIR mistake

My parents were involved in a car accident for the first time. Two children were in the crash so the insurance shortly sent them checks for the car seats. My parents received a $100 check for one of the car seats & a $900 check. Since it was the first automobile accident they had been involved... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 7, 2016

If someone else was involved they have an injury claim and should get a free consult with a member of CAOC.

Basically, the company overpaid. Assumoing its their insurance a court would give them the amoujnt less cost of car seats--your parents would otherwise be "unjustly...
View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for California on
Q: My daughter has recently been denied a hip replacement (she is 35) how can you help?

Her hip was damaged during a previous surgery, after which she had 2 hip scopes by that surgeon, who had to re-tack her labrum. During the 2nd hip scope he decided to shave the hip bone and now she has hip dysplasia and suffers from severe pain day and night. Her insurance company had denied a... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2016

Chances are there isn't a good legal solution but a political one--you have to work with the Medical Society, patient organizations and your state and federal representatives to get support for regulations that limit the insurer's right to overule the decisions of specialists. In the... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: Insurance doesn't wanna pay damages caused by accident. Other driver admitted guilt at the scene.

Small claims court or potentially more due to insurance bad faith. Insurance said" what he told you at the scene doesn't matter...what matters is what he tells us" I have audio evidence

Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2016

What really matters is how the cop wrote it up. Suggest you contact a member of caoc.org--they give free consults.

What they did isn't bad faith but perhaps a violation of an unfair insurance practices act.

1 Answer | Asked in Insurance Defense and Personal Injury for California on
Q: What are the personal, gym, and insurance liabilities if a trainer is not CPR/First Aid certified?

As a Fitness instructor, more specifically a CPT and CrossFit coach, I recently found out that some of my fellow co-workers do not have a CPR/First Cert from an accredited source. I was wondering what the liability given something happens would be to our gym, in terms of personal liability, gym... View More

David Alan Wolf
PREMIUM
David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2016

For any type of tort or personal injury case, there are four elements to be established: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages. Certainly, a trainer should be licenses and trained according to industry standards, state laws, and local laws. If there is a training or... View More

1 Answer | Asked in Insurance Defense for California on
Q: Do we need to go to probate court?

2 sisters have financial poa and 2 sisters have medical poa for 94 yo mom in California. Sisters with financial poa refuse to pay agreed upon hourly wage for caregiver hired by sisters with medical poa.

Adam Studnicki
Adam Studnicki
answered on Jul 30, 2015

Not clear what the question is. A local probate lawyer can assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.