Insurance Bad Faith Questions & Answers by State

Insurance Bad Faith Questions & Answers

Q: What to expect for an Examination under Oath?

1 Answer | Asked in Insurance Defense, Car Accidents, Consumer Law and Insurance Bad Faith for Kansas on
Answered on Nov 15, 2017

They will try to get him to say he torched it--which is dumb because replacement costs more. Contact a member of the Ks Assn for Justice who handles "bad faith" claims --they give free consults.
View Details »

Q: Where can I find the factual information on Diminished Value & it's relevancy to insurance claims in New Mexico?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for New Mexico on
Answered on Nov 11, 2017

I believe I suggested if you were hurt contact a member of the NM Assn for Justice--they'll give you a free consult. Why not ask your own insurance or AAA?
View Details »

Q: How do you deal with an insurance adjuster who is low-balling his estimate of the value of your car?

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Answered on Nov 11, 2017

Understand the playing field. It's not the Kelly blue book but the NADA blue book that matters (or the McClean Hunter Market report called the red book). Value is what sons car would be worth the minute before the crash. Look on cars.com and you'll get a better idea--use a 450 mile radius and look for dealers, not the Craigs list Charlenes of the used car world.

Unless you wan to hire an appraiser you are a bit stuck. If you have collision on it go through that.

If you don't...
View Details »

Q: I have car insurance and was driving for Uber until I’ve been told I need commercial insurance. Uber insures my car for

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for Florida on
Answered on Nov 6, 2017

The short answer is that you need commercial coverage if Uber requires it.
View Details »

Q: Does the landlords have to make rental property safe in a timely manner so I can retrieve my property?

1 Answer | Asked in Insurance Bad Faith and Landlord - Tenant for Georgia on
Answered on Nov 5, 2017

Being tenant you are equally responsible for your own personal belongings and retrieval thereof. If there is no entry/way-in ask your homeowner to provide a way so that you could retrieve your belongings if not restrained by insurance law.

Securing property from further deterioration and insurance claim is altogether different things. Your landlord is claiming insurance for the damaged part wholly or partially without its belongs that insurance company will assess or may have assessed...
View Details »

Q: What's the threshold for holding insurance companies accountable for actions made in bad faith? What do I need to prove?

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Nov 3, 2017

There are a number of different legal theories that can result in a finding of "Bad Faith". The jury instructions are linked below:

https://www.justia.com/trials-litigation/docs/caci/2300/2330.html

https://www.justia.com/trials-litigation/docs/caci/2300/2331.html

https://www.justia.com/trials-litigation/docs/caci/2300/2332.html

https://www.justia.com/trials-litigation/docs/caci/2300/2333.html

However, if you are doing this yourself, you have already...
View Details »

Q: Can I sue my health insurance company or the pharmacy if they refuse to provide or cover items listed under my plan?

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Virginia on
Answered on Oct 31, 2017

I think your next step is to contact the Office of the Attorney General of Virginia and make a formal complaint. They can investigate your claims and bring an action if they find a violation of your rights, and more importantly, they do not charge for their work. If you cannot get satisfaction from the Office of the Attorney General, you may have a right to bring a civil rights lawsuit in a federal court in Virginia.
View Details »

Q: Can I sue an insurance company for lack of payment?

1 Answer | Asked in Contracts, Car Accidents and Insurance Bad Faith for Florida on
Answered on Oct 26, 2017

You can only sue the owner and driver of the vehicle. You do. It have a right or Legal ability to sue the insurance company. If you are saying that an insurance company issued a check which returned for insufficient funds you should contact the Florida Insurance commissioners office. That Office should look into this situation but the burden is on you to get them the information.

Good luck.
View Details »

Q: Hello. I brought an age-discrimination suit pro sein the Phila. Court of Common Pleasin 2016 . The defendants were a

1 Answer | Asked in Consumer Law, Business Law, Insurance Bad Faith and Employment Law for Pennsylvania on
Answered on Oct 25, 2017

No. They should help you by retracting the document. But it's not misrepresntation.
View Details »

Q: What is the statute of limitation on filing a car insurance bad faith claim in virginia?

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Virginia on
Answered on Oct 20, 2017

Big question in these cases is when you knew of the bad faith. Members of the Va. Trial Lawyers Assn give free consults. Look for someone who handles bad faith cases and see what they say as to your case.
View Details »

Q: Car was in an accident now the person at faults insurance company refuses to fix damages. What do I do?

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Oct 19, 2017

You may have to bring a lawsuit against them to make the insurer pay for the damage. You can turn the claim in to your insurer to have the car repaired and your insurer may pursue the other company as well as your deductible.
View Details »

Q: Considering that a homeowner's insurance policy provides a "defense" in Superior Court to a DEFENDANT, even if the...

1 Answer | Asked in Real Estate Law, Civil Litigation, Insurance Bad Faith and Insurance Defense for New Jersey on
Answered on Oct 18, 2017

You are mixing up two different elements : Insurance / fraud and trespassing / nuisance, etc. To make specific response, please elaborate your question and split them accordingly.
View Details »

Q: Who is responsible for towing charges following an accident in State of Florida? If at fault driver has no insurance?

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Florida on
Answered on Oct 16, 2017

typically you are responsible for your own towing. if the at fault driver has no insurance at all if am hoping have uninsured motorist coverage, if not you may be getting the bill on this one yourself. I suggest that you consult with a personal injury attorney in your area. While you may not have an injury case, the attorney might be able to give you some basic advice to help with your situation.

Good luck,
View Details »

Q: I just lost my home and everything I own due to the wildfires in Santa Rosa. Insurance company is asking for a lot!

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for California on
Answered on Oct 13, 2017

Unfortunately, that won't do it, although you may be able to handle the necessary paperwork in a way that takes a lot less time than you anticipate. The amount of coverage really doesn't determine the amount of your claim, except to put a cap on it. Of course, if you have $400K in coverage, own the home outright, and can demonstrate the value of the home vastly exceeds the policy limits, that could work. Then, you would not have to bother with a contents claim. So sorry for your loss.
View Details »

Q: Who pays insurance claim for a minor that was in an accident?What happens when the minor becomes 18 & claim isn't paid 4

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for South Dakota on
Answered on Oct 9, 2017

The parents are technically responsible.You may want to pay it if you can. Start by figuring what the bill was (I'm assuming you are at fault because you say so). If you pay you want a release of all claims.
View Details »

Q: How to sue my ex girlfriend for damages to another car in an accident, stealing and totally my car, the person suing me

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Libel & Slander and Personal Injury for Tennessee on
Answered on Oct 9, 2017

If you had insurance that should cover the suit. Even if they say they aren't covering the event,you are being sued and they should cover you, and get you an attorney. That's what you pay insurance for. They will go after your girlfriend.You can also sue her for the loss of your car but you may be unlikely to recover for that.
View Details »

Q: AAA breaking insurance code requirements in California

1 Answer | Asked in Business Law, Insurance Bad Faith and Insurance Defense for California on
Answered on Sep 30, 2017

How long you were maintaining insurance policy. You will find a renewal (automatic) clause prior to expiry date which they are bound to inform you. You should have received a bill for the renewal and in case of your denial or cut off date they may take advantage of termination of their liability, etc. You mean non-renewal due to increase in points lead to unilateral termination is an issue to be raised through a lawyer around you.
View Details »

Q: Have you seen George Bulletin 17-EX-1 ? How would view that message in comparison to OCGA 33-23-1.1 ?

1 Answer | Asked in Contracts and Insurance Bad Faith for Georgia on
Answered on Sep 29, 2017

This appears to be a question about Georgia law. (I am assuming that a George Bulletin should be a Georgia Bulletin).

If not please repost with more details as your question is very broad and open ended.
View Details »

Q: Bad Background check.

1 Answer | Asked in Insurance Bad Faith, Criminal Law and Military Law for Missouri on
Answered on Sep 28, 2017

The problem is that CID entered your arrest/subject in the investigation (called "titling") in DCII and NCIC, databases that track arrests. Your DNA was also put in CODIS. Getting your DNA taken out of CODIS is pretty easy. Getting your arrest out of DCII and NCIC is going to be difficult, but you can apply and all they can say is "no."

You may want to have an attorney make the application for you - generally, well-organized, concise arguments for removal have the best success rates....
View Details »

Q: agent said he could not determine coverage till he talks to my wife 2 hours later,a letter of denial! Bad Faith suit?

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Sep 27, 2017

Impossible to say. You haven't described the nature of your insurance claim, the type of policy, the reason for the denial of coverage, or what your wife told the agent (adjuster?).
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.