Insurance Bad Faith Questions & Answers by State

Insurance Bad Faith Questions & Answers

Q: Flood insurance renewed without consent,policy went from $425 to $7000. Is this force placed insurance? Never notified

1 Answer | Asked in Contracts, Federal Crimes, Insurance Bad Faith and Insurance Defense for Florida on
Answered on Jul 24, 2017

Of course, you are addressing your mortgage and the bank or other mortgagee. The mortgage has notification requirements and other applicable provisions. Would have to see your mortgage. Would also have to see escrow statements. I have personally seen a number of fored placed flood insurance policies with the lenders receiving full refunds. Also of course, cannot guarantee any, much less that, result in your case. But, you should contact the lender/servicer of your mortgage. Telephone...
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Q: My insuror sold me a policy for my building that I found out was below what the building itself is worth. What happens

1 Answer | Asked in Insurance Bad Faith for Florida on
Answered on Jul 22, 2017

Are you asking about homeowner's insurance? The policy value should have been set according to the appraised value. Did you have an appraisal?

But in any event, no. You now know that the building is undervalued in the policy. You simply get the insurer to raise the value, before a loss occurs.
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Q: what can I do if there was complications after 1st surgery and had 3 more surgeries in a month, and dr retired?

2 Answers | Asked in Medical Malpractice, Personal Injury, Health Care Law and Insurance Bad Faith for California on
Answered on Jul 20, 2017

The fact that your surgeon retired does not preclude you from pursuing a malpractice claim against him. If you want to find out if you have a viable malpractice claim, you should have your records reviewed by a medical doctor. Only an MD can tell you whether there was a breach in the applicable standard of care and whether that breach is causally related to your injuries (pain). If someone affirmatively tells you that, then you can file a lawsuit. As 10 months has already passed, be mindful...
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Q: Prudent layperson standard for emergency room services.

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Georgia on
Answered on Jul 18, 2017

File a complaint with the Ga. Insurance Commissioner. That may get their attention. Depends on travel time, nature of the wound, your abilities.
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Q: Hhubby wants toup his life insurance payment from $87 a month to $250. Badidea or not. Were just getting by

1 Answer | Asked in Insurance Bad Faith and Consumer Law for New York on
Answered on Jul 18, 2017

Talk to a financial advisor. 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 law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: Is there a New York law preventing insurance " bait and switch"?

1 Answer | Asked in Insurance Bad Faith for New York on
Answered on Jul 8, 2017

You can report insurance violations to the NY Dept of Insurance. 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 law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Can I sue an at fault driver's insurance for new parts?

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
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 policy and regardless of your lease language. You are entitled to get your car fixed at any body shop. Whether a Small Claims judge will award you damages based upon the cost of new parts or aftermarket is...
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Q: I was in a car accident as a passenger - I don't drive so don't have insurance

1 Answer | Asked in Insurance Bad Faith for Florida on
Answered on Jun 30, 2017

Not unless they believe you did something negligent which contributed to the accident.
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Q: My question is how do l get medical ins. in N.C. when I'm on a fixed income & can't work ? I'm inbetween 60-65 yrs old.

1 Answer | Asked in Elder Law, Insurance Bad Faith, Insurance Defense and Medical Malpractice for North Carolina on
Answered on Jun 30, 2017

Hope you tell your GOP Senators and Congressman about this as they seem to think people like you can just get insurance and need no help. There are "spend down" and other ways if you are "medically needy" of qualifying for medical assistance, but these vary by state. See if there is a patient advocacy center that can help give you information.
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Q: Can a defendant's attorney change a settlement agreement/release after plaintiff has signed off?

2 Answers | Asked in Contracts, Personal Injury, Car Accidents and Insurance Bad Faith for California on
Answered on Jun 28, 2017

Once a lawsuit has been filed, you are entitled to learn of the Defendant's policy limits through discovery. Have your attorney serve some form interrogatories which contain that question.

If the defense attorney changed the settlement agreement to something to which you did not agree, then you do not have a settlement. I assume that the original agreement has clear interlineations or modifications that are not initialed by you. You can inform your attorney that you dispute the...
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Q: Does "best of my knowledge and belief" also cover recollection?

1 Answer | Asked in Contracts, Estate Planning, Insurance Bad Faith and Consumer Law for Michigan on
Answered on Jun 23, 2017

If you told them "I don't know" and they pressed you to provide an answer anyway, they are probably not to be trusted.

If you said 'I don't know exactly' and they said 'can you provide an approximate time frame' that would be appropriate.

It is hard to say exactly what is going on without complete detail and knowing what this was for and the structure of what you were doing! If you have questions about this, I'd urge you to consult with a local lawyer who practices in...
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Q: For CA homeowners insurance, would a declared state of emergency extend the statute of limitations to sue an insurer?

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Jun 21, 2017

I don't think so. Typically, the statute of limitations begins to run when the injury is suffered. In some circumstances, the statute is tolled until such time as the plaintiff discovers or has reason to discover the cause of injury.

Sections 351 through 356 of the California Code of Civil Procedure set forth circumstances that toll (suspend, delay, extend, increase and/or lengthen) the limitations period. The circumstance that most closely approaches your hypothetical is war....
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Q: How to dispute a bill when a clinic changes doctor and doesn't inform that new dr doesn't accept insurance

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for California on
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.
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Q: Tire shop repair caused me to lose my entire wheel on the freeway, now they won't give me their insurance info.

1 Answer | Asked in Products Liability, Car Accidents, Insurance Bad Faith and Insurance Defense for Iowa on
Answered on Jun 13, 2017

Call a member of the Iowa Assn for Justice--they give free consults. You may have to handle this yourself as you weren't injured. You need any bolts that sheared, the tire and rim that went etc.
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Q: My dad passed away in December 2016 it has been seven mouths sence then how long can life incurrence take to invastcate

1 Answer | Asked in Insurance Defense, Consumer Law, Insurance Bad Faith and Probate for Florida on
Answered on Jun 11, 2017

Did you notify them of his death? Contact them and ask if their investigation is concluded.
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Q: My step father died in an auto accident -- not his fault.

2 Answers | Asked in Insurance Bad Faith for California on
Answered on Jun 2, 2017

If you qualify under the wrongful death statute, you may sue for wrongful death. You only have to be a policy holder if you are a beneficiary under an insurance policy and want to sue the insurance company directly. Otherwise, if you are suing for wrongful death, you sue whoever caused the death (and possibly others, like an employer or vehicle owner).
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Q: My parked unoccupied car was hit by a drunk driver who was not the owner of the car. Who is responsible for the damage

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on
Answered on May 21, 2017

Clearly the driver is responsible. The matter would have to be reviewed by a lawyer to determine if there is a case against the owner for what is called "negligent entrustment," and/or, if the driver was drinking at an establishment which held a liquor license, if there is a case against the establishment for what is called "dram shop liability."
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Q: Is it legal to file and receive theft claim on a foreclosed home when the insurance policy holder has been dead for 2yr?

1 Answer | Asked in Criminal Law, Federal Crimes and Insurance Bad Faith for Tennessee on
Answered on May 17, 2017

Your case does not have anything to do with criminal law. More than likely the insurance policy was paid for by the lender who held the note and deed of trust, which undoubtedly paid to the first lienholder prior to anything going to the homeowner. You may be able to make a complaint with the Department of Commerce and Insurance, or you might file suit against the lender for conversion. More than likely though they made a claim under the policy as the lienholder.
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Q: My late mother paid a mortgage co for title insurance but they never done one, is that illegal?

1 Answer | Asked in Contracts, Real Estate Law, Insurance Bad Faith and White Collar Crime for Tennessee on
Answered on May 17, 2017

You have not provided all of the necessary data, but I can tell you this much. It appears that your uncle has a superior or first deed of trust on the property.. It may include fixtures also, and if the mobile home does not have wheels, it might be arguably affixed to the land and part of the security. Possibly your uncle's promissory note and deed of trust includes future advances and recovery for taxes, insurance, legal expenses, etc. All of this could add up to alot of debt which upon...
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Q: I was in a car accident and knocked down a fence.

1 Answer | Asked in Insurance Bad Faith for Illinois on
Answered on May 16, 2017

There are simply not enough facts provided to properly answer. In general, if you think it is less, then you should find reliable support for your belief.
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