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California Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Defense for California on
Q: What's the next step? I'm a contractor that just got a letter from a client about a "supposed" construction defect?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

Review it with a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: Can I sue an at fault driver's insurance for new parts?

I was hit by another driver. The dealership will only honor my lease if it is repaired there. The other driver's insurance is saying they will only pay for aftermarket parts, and not the new ones the dealership will use. Can I sue them for the difference?

William John Light
William John Light
answered on Jul 5, 2017

Ask the dealer for the lease language that says you must repair the vehicle at its shop. If that is indeed a requirement, then get it fixed there. If the other driver's insurance won't pay, sue in Small Claims court. You cannot be forced to purchase aftermarket parts, regardless of its... View More

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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: How to dispute a bill when a clinic changes doctor and doesn't inform that new dr doesn't accept insurance

Wife went to eye doctor, checked with insurance about clinic, checked with clinic about insurance everything okay. First visit to doctor was okay, insurance paid their portion we paid ours, 2nd visit clinic did procedure on wife, they had a different doctor do it. No one at the clinic informed us... View More

William John Light
William John Light
answered on Jun 15, 2017

You can always negotiate. However, you do owe for the service, regardless of insurance.. The insurance info is usually posted in the doctor's office. Wouldn't hurt to check.

1 Answer | Asked in Insurance Defense for California on
Q: What laws govern insurance companies - is it federal law?
Ali Shahrestani,
Ali Shahrestani,
answered on May 16, 2017

There are federal and state laws that apply. What type of issue do you have? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Defense for California on
Q: Can my insurance deny my claim ?

I am being charged with a DUI but not yet convicted. I have a criminal defense attorney defending my case who might get the charges dropped or lowered. My insurance has denied my claim in regards to my policy which states: While the insured auto is being used in the commission of a crime .This... View More

Louis George Fazzi
Louis George Fazzi
answered on Mar 10, 2017

Your question is loaded with issues, but not a lot of background information about the claim itself.

The short answer is: it depends. What kind of claim did you make? For car repairs? Something else?

Insurance policies have many parts to them. There are first the insuring clauses....
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Can an insurance company deny a claim so insurer can fix the damage themselves to avoid paying the deductible?

I live in a HOA, recently while raining my roof leaked and caused lots of damage. I called the property insurance company to file a claim. Today I received an email for the HOA stating that the insurance company advised them they had a $5,000 deductible and it would be in their best interest to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

Are the repairs you're being asked to make your contractual duty to the HOA, and are such repairs logically required to be completed so that the roof can be fixed? Or is there no physical causal connection between the two? More details are necessary to provide a professional analysis of your... View More

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: Can an auto insurance company make you pay more than your deductible after a wreck?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Were you found to be at fault? Did your insurance coverage apply to your liability? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More

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1 Answer | Asked in Insurance Defense and Consumer Law for California on
Q: My vehicle was stolen, do i need an attorney present to be examined under oath by insurance attorneys at their office

I've already given two seperate recorded statements and one written, this claim has gone on for months and today i recieved notice from the insurance company's attorneys that im scheduled to be examened under oath at their law office, i need advice

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

It's a good idea to have a lawyer. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Car Accidents and Insurance Defense for California on
Q: I helped my x finance a car. added her to my insurance policy. on the 24 of october she called me saying that her car

was involved in an arson whereby her car was lt on fire along with two other in a parking lot in anaheim. she called the police and called the insurance company. since that time she hasn't been very informative. what consequences am I facing. she has been paying the car payment through her... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 22, 2016

Unless you are on the loan as cosigner, you aren't on the hook for anything. If your car insurance didn't have comprehensive, then you could be out a car, unless the fire was the fault of the lot owner.

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...
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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
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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...
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