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Georgia Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can a life insurance company refuse to pay a benefit if the policy was in effect at the time of death

The ins.co has said payments had lapsed but was reinstated and paid up at time of death. But also are claiming that they were given false information about the facts of deceased health. The policy was over 7yrs old and the person who was handling finance issues was not beneficiary.

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. The short answer is yes, they can deny a claim. And there can sometimes be worthwhile grounds on which to challenge a denial. Not to evade a simple answer here, but a Georgia attorney who handles litigation of life... View More

1 Answer | Asked in Insurance Bad Faith and Personal Injury for Georgia on
Q: 2010 Georgia Code TITLE 33 - INSURANCE CHAPTER 4 - ACTIONS AGAINST INSURANCE COMPANIES § 33-4-7 -

Section d.. I need more clarity about the unnamed party..

It’s almost 60 days no response and liability was already accepted 100%.

Michael W. Horst
Michael W. Horst
answered on Dec 5, 2021

Section (d) discussing the "unnamed party" pertains to the insurance company for the person who caused the damages to your property.

In other words, since the insurance company failed to make a good faith effort to settle with you, your next step is to file a law suit against...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Georgia on
Q: Do I have to provide the defendant with my evidence when they’re served?

I filed a claim online against an insurance company, and provided evidence with my claim. The claim was accepted and now I’m seeking a process server to serve the register agent of this business.

My question is when I have the person served do I have to also provide them with the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 27, 2021

Why don't you have a lawyer representing you? Is this a case of supposed no insurance by the at fault driver?

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Georgia on
Q: Is a carshield repair contract considered insurance in the state of Ga? If not does the state regulate them?

Ok. Apparently the question wasn't clear to some people. It isn't a question of is it auto insurance. If is a question of is that contract legally considered insurance against mechanical failures(I have heard the term "policy" used and they have "adjusters")? Also... View More

Cory D. Raines
Cory D. Raines
answered on Aug 19, 2021

CarShield offers protection plans and warranties to their members and is not insurance. Their coverage extends to only to automobile repairs. Although having CarShield may be a good thing, it does not provide coverage for injuries damage caused by accidents. Therefore you should have insurance.... View More

1 Answer | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can a lawyer request this from an employer, without any specific reason given?

Can a lawyer ask for your insurance coverages without specific reason given? He has a client that was injured on a job site. The lawyer sent this out to over 24 companies. Nobody has heard of this person. There weren’t any injury reports for any trades on that job.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. From your description, it's possible the lawyer did an intake interview with an injury claimant but was unable to ascertain details as to property owner or applicable insurance. If they're doing this to... View More

2 Answers | Asked in Car Accidents, Consumer Law and Insurance Bad Faith for Georgia on
Q: I was in an accident, the police officer could not determine who was at fault (although it was evident).

I took this to small claims court to prove that I was not at fault and won my case. This accident happened in 2019 and I was diagnosed with cancer a month afterwards.

I had to request several contingencies due to radiation, chemotherapy, physical therapy and recovery time. During this time... View More

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2021

They're going to try and scare you into accepting a lower amount of money by threatening to appeal.

You need an Attorney who will represent you in the appeal. Otherwise they will appeal the case a demand a jury trial.

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1 Answer | Asked in Insurance Bad Faith and Car Accidents for Georgia on
Q: What court in Georgia do I file bad faith against an insurance company?

I wasn’t driving my vehicle when it was in an accident, however the police report listed the driver of the other vehicle at fault. I put the property damage claim in with her insurance and in two days it was denied without any kind of investigation, I wrote a demand letter it was rejected. My... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

You file your bad faith claim in the court where you live or the court where the insurance company maintains an office.

You can file a complaint with the insurance commissioner.

If the sheriffs cant find the liable person you can in most states arrange for service by publication....
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1 Answer | Asked in Civil Litigation, Small Claims and Insurance Bad Faith for Georgia on
Q: How can I collect my small claims settlement properly?

How can I collect my small claims settlement properly? This was a from a car accident in 2019 was put on continuance due to my being ill and then the courts were closed due to COVID19.

I won my case in court (finally) and have not heard from the defendant's insurance company or lawyer... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 28, 2021

Congratulations on your success in Magistrate Court. Winning is one thing. Collecting is another. Unfortunately, you have found this to be the situation in your case. Worse, there is no way at all any of us can provide any assistance to you. We always have to adapt our actions to the needs of... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Divorce for Georgia on
Q: We have a court order stating my ex is required to provide insurance for our kids. He quit his job-lost kids insurance.

He lives in Ky, I live in GA. He says he has to use my income to get our kids Medicaid and put it in my name, but he would pay premium. Is this considered him providing insurance for kids?

Note: he’s failed to abide by the court order in all terms.

Should I just file contempt... View More

Homer P Jordan IV
Homer P Jordan IV
answered on May 27, 2021

If he’s not following court orders then you should file for contempt. Consult with an attorney who can help you address these issues legally.

3 Answers | Asked in Insurance Bad Faith, Car Accidents and Small Claims for Georgia on
Q: Can I still file a lawsuit for property damage against insured if their adjuster sent a check that I didn’t agree to?

Hello I put in a claim with at fault insurance for damages to my car, they deny me in 2 days. Almost 2 months later they change it to 60%, I reject it because their client was fully at fault. A year later the person that was driving my car wins his personal injury claim for $25k, six months after I... View More

Chris White
Chris White
answered on Mar 30, 2021

Call me for a free consultation (434) 660-9701

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1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: My insurance company reversed a check on my totaled car, can they do that after 90 days of the check being deposited?

I deposited the check on September 29 and they reversed the check January 7th. There is a whole lot more pertaining to this event, but I am wondering if they can do that after 90 days

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Feb 17, 2021

It is very unusual for a check payment to be reversed after such a long period of time. We would need additional information to determine why this may have occurred.

1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: Greetings who handles bad faith homeowners insurance claims for a home in Coweta Co Georgia?

My sons had a water pipe break on the second floor of their home, causing major interior damage. A restoration company had done the demo work, finishing just before Christmas. Due to lack of response from the insurance co., nothing else has been done since (today is Feb. 17th). What can be done... View More

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Feb 17, 2021

Our office handles insurance claims throughout Georgia and Florida. Two months is more than enough time for the insurance company to have made their initial determination of coverage. We are happy to speak further with you on your rights to pursue payment for this claim.

Ellaretha...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Is it my right to see my deceased fathers will and insurance policy?

My father passed away and his wife refuses to let me see his will and insurance policy. My father left me something and I would like to know what it is.

Tim Akpinar
Tim Akpinar
answered on Jan 4, 2021

A Georgia attorney could advise best, but you await a response for four weeks. I'm very sorry for the loss of your father. At this point, you could repost your question and add the categories Probate and Estate Planning. Not all questions are picked up, but you might have better chances of a... View More

1 Answer | Asked in Health Care Law and Insurance Bad Faith for Georgia on
Q: Can a hospital billing office refuse to contact an insurance company directly over a problem with the claim?

So my father had surgery in March to reverse is ileostomy, and the insurance company says that the provider listed on the claim was incorrect. They want the hospital billing office to contact them directly. However, the billing office simply says "we don't do that". So we are stuck... View More

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2020

A Georgia attorney could answer best, but your post remains open for three weeks. Until you are able to consult with a local attorney, one of the things you could look into is the correct information for the provider. Although any large hospital has its inhouse billing/collection operations, there... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Insurance Bad Faith for Georgia on
Q: Cox worker parked vehicle in my driveway blocking. Would not move when asked, (Assaulted) me on property, Can You Help?

I have a question about trespassing & assault. I cox tech came onto my property parking his van, blocking my driveway. When I asked him to move, he got Aggressive and HOSTILE saying no! He was asked to move it more than 3 times.

He was "TOLD" he is now Trespassing, to get off... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Aug 20, 2020

It is best to start by filing a police report against the individual who assaulted you on your property. Secondly, it is best to contact an attorney who can assess the specifics of your circumstances and provide you with a more tailored response.

We wish you well.

-The Upshaw Law...
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1 Answer | Asked in Federal Crimes, Insurance Bad Faith, Insurance Defense and Internet Law for Georgia on
Q: My estranged husband has my UI going in his account, I changed pin and password and he changed again. What do I do
Robbie Levin
Robbie Levin
answered on Aug 13, 2020

Divorce him.

For more information visit my website at www.LevinLawyerGa.com

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Employment Law for Georgia on
Q: I was let go 1 month after my transplant was approved through our insurance. Do I have a case?
Tim Akpinar
Tim Akpinar
answered on May 17, 2020

It's difficult to say, based on these facts alone. It could depend on the provisions of the health care plan, whether you were working under a contract that addressed such benefits, whether Georgia law provides for options for employees to continue their health care coverage, and other... View More

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Georgia on
Q: I am a hit and run victim with pictures. Claim denied cause police asked accused to send evidence of guilt. What now?

I was driving home in the middle lane on 75 S around 4:15 pm on a bright sunny day surrounded by traffic. An OTR truck w/trailer jump in my lane. Cars around me therefore I hit the horn and brakes but could not avoid accident. As I pulled over I noticed the truck was not stopping. I sped up and... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 10, 2019

Contact a member of the Ga. Trial Lawyers Assn for the County where the crash happened. They give ree consults. Sounds weird they'd ask someone to send pix--and did those pix have the same plate as the one involved?

In any event, if you weren't hurt likely small claims will be your best bet.

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for Georgia on
Q: Am I responsible for a medical bill they never billed my insurance

I received service at a ER in Florida 2017. I gave the hospital my insurance information, they billed my insurance and received payment. However, the ER doctor seems to work independent from the hospital and never billed my insurance. They claimed they sent Bills to me which I never received... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 22, 2019

It is not uncommon for ambulatory services to be billed separately from the hospital’s bill. It may be best to contact an attorney who specializes in collection services. You may be able to contact your insurance carrier for other options.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Products Liability and Insurance Bad Faith for Georgia on
Q: Am I liable for a damage to the bathtub floor that broke when I was taking a shower
Tim Akpinar
Tim Akpinar
answered on Oct 6, 2019

A Georgia attorney could advise best, but your question remains open for a week. As a general matter, you should not be held liable, unless you did something out of the ordinary to break the floor. From the sound of it, it appears to be a structural failure that would under most any circumstances... View More

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