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Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Florida on
Q: My insurance has comprehensive coverage which covers flooded cars. My adjuster is claiming that it wasn’t flooded.

My insurance adjuster called me today asking me really detailed questions that I’ve already answered before and asking me things he should’ve been asking a mechanic. My mechanic stated that the car was a total loss due to flood after several diagnostics and my adjuster ignored him and stated he... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 26, 2023

There are good and bad insurance companies, and the bad ones routinely deny valid claims and/or are extremely stingy because they figure their resulting higher profits will outweigh the losses caused by lawsuits. When an insurance company has no rational basis for its denial or stingy offer,... Read more »

1 Answer | Asked in Insurance Bad Faith for Delaware on
Q: I have an insurance that is refusing to pay for a benefit I was assured they would pay for before getting it.

I have screenshots and emails saying they will but still deny benefit.

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2023

A Delaware attorney could advise best, but your question remains open for a week. If they issued you a denial form or a denial letter, it's possible those could outline your recourses, in terms of litigation, arbitration, etc. There aren't many details here, but one of your options is... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Arizona on
Q: what should i do if i havent made a payment towards my car insurance and my car caught fire

my card on file was on auto pay, i received a new card and didnt notice the insurance hadnt been paid. i never received any form of notice informing me the payment was declined. resulting in the cancellation of my insurance.

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

If your insurance was canceled due to nonpayment of the premium, you’re going to have to pay for the repairs or buy a new car out of pocket. I wouldn’t expect insurance to cover it.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Do I have to answer Discovery for past criminal offenses in small claims court. I’m plaintiff suing for diminished value

Her insurance has already admitted she’s at fault and repaired my car. Lawyer is claiming she is not liable. Does this apply? Rule 404. Character Evidence; Crimes or Other Acts

(a) Character Evidence.

(1) Prohibited Uses. Evidence of a person’s character or character trait is... Read more »

John Michael Frick
John Michael Frick
answered on Jan 14, 2023

Rule 404 is a rule of evidence, not an exemption from discovery.

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Nebraska on
Q: Want to know if I will be fined for a lapse of insurance or home owners insurance in the state of Nebraska.

I am changing companies and have been told that I have to have continuous coverage on my auto and home insurance. Is this correct for the state of Nebraska?

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

You have to have "proof of financial responsibility" for your vehicles, which for most people, means that they have to have vehicle liability insurance (auto insurance) on the vehicle at least at the statutory minimums at all times. There are some exceptions that you can read about on... Read more »

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: Can your car insurance drop you after one incident?

I was with State Farm for 12 years, no incidents or claims. This summer I drove my husband’s truck to the beach, on the way the ac went out. My brother met us in Alabama for the weekend, he said he’d take the truck to have the ac fixed (I’d just gotten it out of the shop for 8 months waiting... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

Yes they can although it seems to me to be a bad business practice for State Farm. If State Farm is not doing what it should from an insurance (coverage) standpoint as it relates to any of the incidents you describe, then please contacgt a lawyer in your area and discuss your options. Good... Read more »

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: I have a criticl illness policy with UNUM, and on 2-8-2022 i was diagnosed with prostate cancer.my claim was denied

UNUM is saying cancer4 is not a critical illness,and prostate is

not a major organ. on my policy on page 5, and 21;22

say cancer is covered. And on UNUM website say

a critical illness policy cover cancer.

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. You could reach out to health care attorneys to try to set up a free initial consult to discuss your best options in terms of challenging the denial - litigation or other means,... Read more »

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: In Texas, is there a statute of limitations for a homeowner's claim to be accepted or denied?
John Michael Frick
John Michael Frick
answered on Jan 7, 2023

The statute of limitations is the period of time within which the homeowner must file a lawsuit against the insurance company.

Separate and apart from the statute of limitations, the Prompt Payment Act requires an insurance company to respond within a specific time to a claim made by the...
Read more »

1 Answer | Asked in Insurance Bad Faith for Alabama on
Q: My mother passed in Sept 2022 and we are waiting on her claim, they stated waiting medical paperwork. What can we do?
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2023

An Alabama attorney could advise best, but your question remains open for three weeks. I'm sorry about the loss of your mother. That's a long time to await records. Only an Alabama attorney could advise on statutes of limitations that are applicable for you, but you may want to consider... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Can an Umpire in a California Insurance Code 2071 Appraisal suspend or terminate the Appraisal between the parties?

Umpire hasn't ruled on differences presented by each appraiser, yet he has suspended the appraisal and threatens to terminate it because the insured is unable to pay the umpires invoice for service up to just prior to the hearing.

Additionally, the invoice is being contested because... Read more »

Alexander C. Safarian
Alexander C. Safarian
answered on Jan 5, 2023

Under California Insurance Code Section 2071, an umpire appointed to participate in an insurance appraisal has the authority to suspend or terminate the appraisal process if necessary. The umpire may take this action if it becomes apparent that the appraisal process is not being conducted in... Read more »

1 Answer | Asked in Insurance Bad Faith, Appeals / Appellate Law and Civil Litigation for Texas on
Q: My insurance company made identification errors. Why do they expect me to fix the problem when they never notified me?

My medical records related to auto injuries keep 'disappearing'. Ive been denied medical treatment for auto related injuries and constantly undermineded without any explanation. Now that I know, my insurer is admitting they made identification errors during the claims process and is fully... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2023

A Texas attorney could advise best, but your question remains open for three weeks. It isn't clear why false allegations were made against you - unless you mean the matter was escalated to a SIU (Special Investigations Unit). It looks like there could be a number of issues to sort out here -... Read more »

1 Answer | Asked in Civil Litigation and Insurance Bad Faith on
Q: Can I sue my storage if my storage was broken into

They are only giving me $26 I was with them over 3years ,The police report shows my jewelry that was in my unit was worth a $1 and that's not true. I have know receipts,

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

Ordinarily, self storage insurance does cover the theft of your property from your self storage unit up to the limits stated in your policy. The covered value for jewelry typically can be increased for an additional premium if you were storing valuable jewelry in your unit. You should carefully... Read more »

2 Answers | Asked in Insurance Bad Faith and Employment Law for Texas on
Q: After denial, Sedgwick isn’t responding to written reqs for Copies of Claim Files OR the STD Policy, what can I do?

Fortune 100 employer, ERISA policy. Sent written requests to Sedgwick 3x, 1st was 11/22. Will not return my calls. Employer states Sedgwick provides copy of policy/Summary Plan. Sedgwick advised STD policy exhausted from previous unrelated LOA; apply for LTD via Lincoln. Without policy & files,... Read more »

Damon Miller
Damon Miller
answered on Dec 28, 2022

Under ERISA, the plan administrator (usually your employer) is required to provide plan documents to you within 30 days of your request. With both your employer and the insurance company refusing to provide you anything, you may need to get an attorney involved. Feel free to contact my office and... Read more »

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1 Answer | Asked in Insurance Bad Faith for South Carolina on
Q: I had a insurance policy on my ex husband for 50,000 it was a family policy thou . he was n car accident n passed away

Liberty life was ins company the ins man was out at my house 4 days later with a check. For. 50,000For me .n had me sign a paper. it was suppose to double cause of a accident. He aurged with me. That it wasnt a family policy. It was thou . i wrote letters to main office to the chief supervisor n... Read more »

Roy Willey
Roy Willey
answered on Dec 27, 2022

If your coverage applied for the underlying policy, it is likely that it applied for all provisions not just some. However, you need to have an attorney review the full policy, and any correspondence from the insurance company.

2 Answers | Asked in Insurance Bad Faith for California on
Q: We were denied our insurance claim when our trailer was stolen. They said we couldn't prove it was stolen

Also they said we didn't file a report on time 24 hours of incident. We filed when we found out. ..

Ronnie Kashri
PREMIUM
Ronnie Kashri
answered on Dec 23, 2022

Whether your insurance company should or should not have denied your claim will depend upon numerous things such as the detailed facts of loss, the information provided to the insurance company, the insurance policy, and the law. It is difficult to tell based on the minimal information if the... Read more »

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Should I reach out to a lawyer? Mother had life insurance but she unalived herself. They are requesting police report.
Roy Willey
Roy Willey
answered on Dec 20, 2022

So sorry to hear about your mother. Yes, you should reach out to a lawyer to review the life insurance contract.

1 Answer | Asked in Insurance Bad Faith and Small Claims for Michigan on
Q: Can I file suite again my medical insurance company and the contractor for failure to provide transportation for me

My medical insurance company has a contract with a company that provide transportation and other services. The company has failed to provide over twenty rides to the doctor and physical therapy appointments. Can they be liable or held accountable for not accommodating.

Tim Akpinar
Tim Akpinar
answered on Dec 18, 2022

A Michigan attorney could advise best, but your question remains open for two weeks. Until you're able to speak with a local attorney to figure out if you have a case that's cost-effective to pursue, you could review your insurance policy to make certain of what it covers. In terms of a... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Idaho on
Q: I have an unusual case involving geico car insurance company. Would like to sue geico for damages.

May be too long ago but here it is. 3 yrs ago someone filed a traffic accident report stating I had rear ended them. They had my registration and insurance proof. Anyway my truck or myself was not in the accident nor was I in the same town. My license was suspended Yada yada the people file for an... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2022

An Idaho attorney could advise best, but your question remains open for two weeks. You could ask them to investigate through the SIU (Special Investigations Unit). This will require thorough investigation, and three years elapsing doesn't help in terms of gathering evidence. A local attorney... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Do insurance companies have the right to hire an attorney to defend the insured against liability claims?

If liability is disputed in intercompany arbitration will the insurance company notify the insured of the arbitrators decision?

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend the insured driver.

It is not typical in intercompany arbitration for the insured to be notified of the award

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Is there a law that allows health insurance to subvert themselves under other health insurance if you’re primary on both

I have two full time jobs and have full health insurance through both BCBS and United Healthcare. Both are refusing to pay because each claims i am primary on another policy. Each is trying to subvert themselves as secondary under ther other. This seems illegal

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

There are rather complex rules called coordination of benefits which address the situation when a patient has coverage under two health separate health care plans. These rules resolve which one is primary and which one is secondary.

It is definitely legal. There are a number of...
Read more »

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