Insurance Bad Faith Questions & Answers by State

Insurance Bad Faith Questions & Answers

Q: MY insurance denied my claim. How do I go about appealing the decision?

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Insurance Bad Faith and Insurance Defense for California on
Answered on Jan 22, 2018

Sounds like your insurance company doesn't believe you regarding the theft.

If you are unfairly denied the benefits under the policy, you sue the insurance company for bad faith.
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Q: If an employer tells you they offer insurance but don't give them to you is that illegal??

1 Answer | Asked in Employment Law and Insurance Bad Faith for Texas on
Answered on Jan 21, 2018

Still two days to go. Let 90 days be over and you may remind them of their offer and ask them if that is still in tact. If altered they should have informed you earlier.
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Q: Can you sue your medical coverage insurance company

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Jan 19, 2018

Talk to an ERISA attorney.
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Q: Proof of Loss. What do I fill in after/do I leave blank "...or received indemnity therefore except as follows:"

1 Answer | Asked in Contracts, Collections, Insurance Bad Faith and Consumer Law for California on
Answered on Jan 19, 2018

It sounds like if you have received payment from anyone for any of your losses, you would itemize those payments in that space, but it's hard to say without reading the entire document.
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Q: GAP insurance co refused to talk to me. Told me they were communicating with Geico. Now I'm stuck with balance.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Virginia on
Answered on Jan 18, 2018

Talk to the lender. If yoiu still owed for sure they would let you know. But if you still owe, then call Gap, ask for a supervisor, explain what happened and as you are the insured,policy holder they must speak with you. If you get no satisfaction contact the Colorado AG's office of Consumer protection & the insurance commissioner. Send a written demand (hard copy) to GAP certified return receipt demanding they pay.

Use the Fair Credit Reporting Act to explain you had coverage but...
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Q: Can I sue State Farm for taking too long to communicate with us for rental ins claim and giving us wrong advice?

2 Answers | Asked in Insurance Bad Faith, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Jan 18, 2018

Yes. You can take them to General District Court through a small claim. You may want legal counsel to act as an attorney advisor in teaching you how to prepare and try the matter, but the legal advice could cost a fairly large portion of the amount of your present claim.
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Q: Borrowed a family members car was involved in a car accident. Found out the family member did not have car insurance

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Ohio on
Answered on Jan 17, 2018

But you carried insruance that covered you for liability so you should be OK. If you want, get a consult from an attorney who handles citations. Bring proof that you had coverage through your company at the time of the wreck. Notify your company.
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Q: can i cancel my auto policy in the middle of a claim investigation?

1 Answer | Asked in Insurance Bad Faith and Consumer Law for New Jersey on
Answered on Jan 15, 2018

You are still required by law to have auto insurance. Changing companies now, will cost you more. What you are thinking of will be a bad move.
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Q: I am currently in Escrow and had the inspection done. We noticed trees that we believe to be on our property

1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for California on
Answered on Jan 12, 2018

This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). Whether you, as new property owner are liable, is something a a real estate attorney should be retained to evaluate. It may be something that can be passed on to the prior owner, but it appears to be an obvious and open condition, so it might be difficult to claim that it wasn't disclosed, and you purchased the problem with the house....
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Q: Why do insurance adjusters say that they can resolve my case without involving an attorney?

1 Answer | Asked in Insurance Bad Faith for Illinois on
Answered on Jan 12, 2018

Insurance adjusters technically can settle your case without involving an attorney. In fact, that is what they prefer because they would prefer to take advantage of non-represented parties. That being the case, I would highly recommend consulting with an attorney prior to accepting any form of settlement. The reason being is an attorney can ensure you are getting adequate compensation for the loss. In addition, an attorney can add value to your case and can assist you in negotiating a...
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Q: My ex girlfriend who only co-signed is claiming she can just take my car for free after I put 25k in payments I can not

2 Answers | Asked in Car Accidents, Insurance Bad Faith, Libel & Slander and Consumer Law for Florida on
Answered on Jan 12, 2018

Not unless her name is on the title.
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Q: we have been divorced 14 years. He says he cannot get health insurance this year. i have to because he cannot qualify.

1 Answer | Asked in Divorce, Health Care Law and Insurance Bad Faith for Tennessee on
Answered on Jan 9, 2018

Your question does not specify, but I assume this health insurance is for minor children? If he provides documentation that he has been turned down/does not qualify, then I would purchase substitute insurance. ( Its always better to have some health insurance in the event of unforseen medical bills- if you don't have anything, your kids go without or you have to pay big bills of out own pocket).If he applied and tried to get insurance, he probably has some paperwork explaining why he was turned...
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Q: Do I have to attend a PQME appointment if my attorney file a DOR petition to withdrawal representation? thank you all.

2 Answers | Asked in Employment Law, Workers' Compensation, Insurance Bad Faith and Legal Malpractice for California on
Answered on Jan 5, 2018

You'll get better answer by calling some WC attorneys and speaking directly to them.
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Q: Son got in a car accident 2 days after we bought the vehicle and is not insured

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Answered on Dec 29, 2017

You should check your insurance policy to determine whether he was an excluded driver. It's possible that your insurance will still cover the accident, depending on the insurer. However, it's likely that there's an exclusion for allowing someone to drive the car who is not a licensed driver. Secondly, you should be concerned about a potential lawsuit against you for negligent entrustment, which is a cause of action in Texas. You should contact your insurer ASAP to notify them of this claim...
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Q: Do insurance companies have to sell you full coverage insurance if there is a lein on the car(still owe money to a bank)

1 Answer | Asked in Insurance Bad Faith, Car Accidents and Consumer Law for West Virginia on
Answered on Dec 26, 2017

The lien company may require it but the insurance agent asks what you want, you may have said "the cheapest," and that's what you have. I'm not aware of any state that requires that you have collision coverage. Your bank would normally require it, but if you ask your agent for "full coverage" they are attuned to providing full liability coverage and may not have asked whether you wanted full first party protection.

But the lien company may have it so ask them.
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Q: Where do I even start with a bad faith claim against my home insurance company?

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Dec 19, 2017

Get a certified copy of the policy from your adjuster. Assemble all of the correspondence and emails to/from the adjuster. Assemble all of the items that constitute proof of your claim/damages. Call an attorney with experience in insurance matters.
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Q: Im being sued by another insurance co due to auto accident, do I need a personal lawyer to represent me?

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Answered on Dec 18, 2017

If you have property damage coverage and your insurance company has hired a lawyer to defend the case, the lawyer is responsible for defending the entire case, not just the portion of the claim covered by your insurance. You are actually the client being represented, not the insurance company, even for the portion of the claim that is covered by the insurance.

You should feel free to raise your question with the lawyer, and, in fact, you should.
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Q: Can I sue my old car insurance company?

1 Answer | Asked in Insurance Bad Faith for Mississippi on
Answered on Dec 14, 2017

You likely need to speak to an attorney about your claim.
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Q: Does insurance pay a total loss based on value of a car or the price paid? Do they require a bill of sale?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Oregon on
Answered on Dec 12, 2017

They want proof of ownership. How you work that is up to you. However, the issue is what the value is.

Likewise on #2. Unless your policy has replacement value you don't get it in most states.

You can check with the insurance commissioner for your state as to what they can ask for/condition settlement on.
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Q: Can an IME opinion ride through a major surgery that is considered work related?

2 Answers | Asked in Workers' Compensation, Constitutional Law and Insurance Bad Faith for Pennsylvania on
Answered on Dec 12, 2017

There are many potential options in this situation including filing your own petition to Reinstate benefits after the surgery and to Review the description of injury to include the conditions set forth in the second IME. I would strongly suggest reviewing your options with your attorney, and if you do not have an attorney, obtain one as soon as possible.
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