Insurance Bad Faith Questions & Answers by State

Insurance Bad Faith Questions & Answers

Q: Under Insurance contracts required to conform to cal statues change insurance contract exclusion provision of ownership

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Answered on Apr 10, 2019
William John Light's answer
No one can answer without reading the policy, knowing the facts underlying the claim, and reading the declination letter from the insurer. However, "actual ownership" under the meaning of the policy is probably the meaning set forth in Vehicle Code 5600(a).

A beneficial owner is occurs where property rights ("use and title") in equity belong to a person even though legal title of the property belongs to another person. Black's Law Dictionary (2nd Pocket ed. 2001 pg. 508); Willard H....

Q: Filed a claim for MRSA 2011 that was approved, then 2014, 3 surgeries to save my arm from MRSA , denied my open claim

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Apr 6, 2019
Louis George Fazzi's answer
You need a worker's compensation attorney immediately. You should have no problem finding one near your work.

Q: Can another person's insurance company not pay you for a claim if your car was hit while parked on a red curb in MD?

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Maryland on
Answered on Apr 6, 2019
Peter N. Munsing's answer
No. Confirm they are not paying in writing. Then file a complaint with the Attorney General Office of Consumer Affairs and with the Insurance Commissioner.

Q: how do i file when the father is ordered to provide health insurance but refused?

3 Answers | Asked in Family Law, Federal Crimes and Insurance Bad Faith for Georgia on
Answered on Mar 27, 2019
Robbie Levin's answer
If the Court Order requires him to provide insurance, then your remedy would be to file a Contempt action against him.

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

Q: Can I sue an insurance company for misinformation leading to my teeth being extracted?

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Pennsylvania on
Answered on Mar 27, 2019
Timur Akpinar's answer
You outline a number of issues here. A starting point might be to see if a Pennsylvania attorney could give you a free initial consultation regarding whether the termination of insurance benefits was proper. Additionally, because of the financial situation you describe, there could be a non-legal issue worth exploring, which is whether you qualify for any other form of government sponsored health insurance that includes dental benefits.

Tim Akpinar

Q: Sir, Is the premium notification mandatory

1 Answer | Asked in Consumer Law and Insurance Bad Faith on
Answered on Mar 26, 2019
Timur Akpinar's answer
The procedures to be followed by insurance companies are generally governed by state law. Most carriers provide premium notices, whether by traditional mail, or electronic means. It's in their own interests to get paid by policyholders. If you know a premium is due and you wish to continue coverage, you could contact the carrier and make arrangements for payment, or seek coverage through a company that readily provides timely premium notices. It would seem that to lose coverage as a result of...

Q: I filed for a default judgement and was denied now it says demurrer motion to strike (twice) on minutes

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Insurance Bad Faith for California on
Answered on Mar 23, 2019
William John Light's answer
If the Default was entered, the Defendants couldn't file a Demurrer/Motion to Strike. I doubt that the Default was entered. You will probably need to Oppose the Demurrer/Motion to Strike.

Q: Interrogatories 4.1 and 4.2 The only insurance I have is HO and medical is my answer no?

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Mar 22, 2019
Louis George Fazzi's answer
Shouldn't you be asking this question of your attorney? He or she should be assisting you in responding to the form interrogatories. These two form interrogatories ask for insurance or self insurance for liability, such as cases for car accidents. Specifically, the interrogatory seeks to know if you have any other insurance which covers the damages you are claiming in your lawsuit. Therefore it seems that your inclination is correct. The answers should be no, it that is the truth.

Q: Can my auto GAP deny a claim based on a policy exclusion if they never provided a copy of the policy prior to the claim?

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Missouri on
Answered on Mar 18, 2019
Peter N. Munsing's answer
Yes. You also want to note that your crash was in the course and scope of normal driving. In other words, it wasn't something about your job that caused you to drive on some back road that caused the wreck.

Q: Is there recourse for being wrongly denied life insurance?

1 Answer | Asked in Consumer Law, Estate Planning and Insurance Bad Faith for Massachusetts on
Answered on Mar 18, 2019
Timur Akpinar's answer
One option is to seek insurance through a different carrier. If you need insurance and wish to avoid delays in obtaining coverage, valuable time could be lost in pressing the issue with the original carrier.

Tim Akpinar

Q: Policy holdivorcedd in Hawaii, resided in CA. Changed his beneficiary of Life Ins. We have counter claims

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Mar 5, 2019
Greg Freeze's answer
The question is a bit fragmented. My reorganization of the facts may be wrong, but I will try.

Husband ("H") and Wife ("W") got a divorce in Hawaii. H moved to California. H changed the beneficiaries on his life insurance policy. Then H died. W survived and believes she has a right to the life insurance policy.

The missing document is the divorce decree or divorce judgment or whatever it might be called. If H was paying W spousal support, it's possible for a court to order...

Q: I have a family member coming to visit from another country. He has some health issues so I search and found an

1 Answer | Asked in Insurance Bad Faith for Florida on
Answered on Feb 22, 2019
Terrence H Thorgaard's answer
No, the hospital could not successfully sue you unless you are legally responsible for his health care; you are not responsible simply because you obtain health insurance coverage for him.

Q: My outside air conditioning unit caught on fire & was put out by the fire department. No one knows what caused it.

1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Florida on
Answered on Feb 14, 2019
Timur Akpinar's answer
If the manufacturer agrees to replace it, then it would seem there is no longer a loss for insurance to cover. If you choose the insurance company's payment, you have the deductible to consider. Insurance carriers will offset their payments, or choose not to issue payment, if a loss is already covered by another source. If you have reservations about the terms of the release, you could consult with a Florida attorney.

Tim Akpinar

Q: i put insurance the next day after getting pulled over without it and can it lower the charges

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for New Jersey on
Answered on Feb 9, 2019
H. Scott Aalsberg Esq.'s answer
For a First Offense No Insurance charge, you face the loss of your license for one year, community service to be determined by the court and a fine between $300.00 and $1,000.00.

For a Second or Subsequent Offense you face a fine of up to $5,000.00 and imprisonment (jail) for 14 days and 30 days

community service plus 2 year loss of your drivers license

The period of license suspension may be reduced or eliminated if the person provides the court with satisfactory...

Q: i got a tickets for driving without insurance and what are the fines

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for New Jersey on
Answered on Feb 8, 2019
H. Scott Aalsberg Esq.'s answer
For a First Offense you face the loss of your license for one year, community service to be determined by the court and a fine between $300.00 and $1,000.00. I suggest setting up one of the free in office consultations that most of us lawyers offer and then hire one.

Q: Can an insurance company deny coverage if the driver was unauthorized?

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for Massachusetts on
Answered on Feb 7, 2019
Peter N. Munsing's answer
Unless her son stole it he would be authorized. Its baloney. Suggest you provide estimates for repair, file a complaint with the insurance commissioner. Depending on the nature of the denial you may have claims under

Sec. 93 A of the MGL.

Q: Can anyone help?

1 Answer | Asked in Insurance Bad Faith for Florida on
Answered on Feb 2, 2019
Terrence H Thorgaard's answer
Your daughter appears to be judgment-proof. In other words, the judgment creditor probably can't collect its judgment other than against GEICO (to the policy limits).

Q: what rights do I have if insurance wants to stop paying me disablity. I have been disabled since 1999.

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Elder Law for Maryland on
Answered on Jan 31, 2019
Mark Oakley's answer
You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current condition which supports continued benefits under the standard for disability. There are lawyers who handle insurance claims, and you can also contact the Maryland Insurance Commissioner to file a...

Q: My mom owned a cosmetology school. It was under a LLC. The business closed, and the students had to transfer....

1 Answer | Asked in Business Law, Insurance Bad Faith and Insurance Defense for Maryland on
Answered on Jan 29, 2019
Arnab Kumar Banerjee's answer
i need some more information. what are the terms of indemnity agreement your mother signed ? are they hold her liable ? can you share me the indemnity contract ?

without knowing the exact terms i cannot give you any advice.

Q: Insurance claim on my 2013 nissan altima that was stolen

2 Answers | Asked in Civil Litigation and Insurance Bad Faith for California on
Answered on Jan 29, 2019
Ali Shahrestani, Esq.'s answer
If you insurer is reviewing the matter, they should let you know when they're going to make a decision re: your claim. They have 40 days to accept or deny your claim from the time

See: http://www.insurance.ca.gov/01-consumers/130-laws-regs-hearings/05-CCR/fair-claims-regs.cf

Which says in part:

"Section 2695.7. Standards for Prompt, Fair and Equitable Settlements

(a) No insurer shall discriminate in its claims settlement practices based upon the claimant's age,...

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