Insurance Bad Faith Questions & Answers by State

Insurance Bad Faith Questions & Answers

Q: If I accepted an insurance settlement without understanding all of my legal options, can I claim I was under duress and

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

Probably not. You had plenty of opportunity to consult with an attorney before you even made a claim, before you entered negotiations, before you signed. Anything is possible, though. Speak to some PI attorneys in your area to discuss the particular facts.
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Q: What are some illegal reasons an insurance company might deny coverage?

1 Answer | Asked in Insurance Bad Faith for Florida on
Answered on Sep 17, 2017

Reasons an insurance company may deny an insurance claim are too numerous to name. However, some common reasons are that the damages don't meet the deductible, the damages are not covered under the policy, and the insured has misrepresented material facts in the application or presentation of the claim.
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Q: The insurance company is taking forever to pay out a settlement they said I'm owed. How long can they sit on my money

1 Answer | Asked in Insurance Bad Faith for Illinois on
Answered on Sep 12, 2017

It depends on the terms of the settlement agreement. Assuming you had an attorney when negotiating the settlement, I would recommend consulting with him or her in regards to a deadline for payment. If you did not have an attorney, now may be the time to hire one.
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Q: How accurate should consulting with a health insurance provider before getting something done be?

1 Answer | Asked in Insurance Bad Faith for Pennsylvania on
Answered on Sep 8, 2017

You would need to consult with a lawyer to answer this question. A lawyer would presumably want to review your plan and any correspondence. An office conference would be necessary so that you could discuss with the lawyer all things that transpired and any conversations that you had with the insurance company.
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Q: 25+ YR 60' retaining wall built incorrectly per original plans, falling apart. Can original contractor insurance be sued

1 Answer | Asked in Construction Law and Insurance Bad Faith for California on
Answered on Sep 2, 2017

No. There is a 10 year statute of limitations on latent defects. Also, although the wall deviated from plans, it would be hard to argue that a wall that lasted 60 years was defective.
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Q: I was told that my insurance company will not pay for a post chemotherapy treatment Pet Scan.

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

Go ahead with the CT scan but keep pressing your treating doctor to prescribe the PET scan. Build all the medical evidence you can which justifies the need for the PET scan. Insurer's are required to pay for medically necessary treatment.
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Q: I got into an accident and the other party's insurance company is requesting money for damages I know didn't occur at

2 Answers | Asked in Insurance Bad Faith for Illinois on
Answered on Aug 30, 2017

I highly recommend consulting with an attorney immediately. A knowledgeable attorney will represent your interests throughout the entirety of the dispute. Do not make any more statements to the insurance company until you speak with an attorney.
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Q: How can an insured in CA rescind a homeowners policy? (reason is the policy issued does not match the coverage quoted)

1 Answer | Asked in Contracts, Insurance Bad Faith and Consumer Law for California on
Answered on Aug 29, 2017

You have to file a lawsuit for rescission. However, a pro rata refund may be appropriate because you have the benefit of the policy coverage from the date of purchase through the date of cancellation. Even though you don't want it. Rescission would mean that you were uninsured from former the date of purchase until you acquire new coverage. Seems unwise. A potential complaint for specific performance might also be considered, ie., a lawsuit to provide the coverage promised for the price...
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Q: Can our policy be cancelled during litigation when all premiums have been paid?

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Insurance Bad Faith for Louisiana on
Answered on Aug 24, 2017

You should consult with an attorney. It is odd that the insurance company is cancelling the policy for failure to maintain the building. Typically, policies are challenged by the carrier if there is a misrepresentation or a failure to pay the premium. There may be a way to force the insurance company to cover the claim.
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Q: I had R knee surgery and it went. Ad within a month, broke 2 of 3 lags that held cadaver ligament and got infected

3 Answers | Asked in Medical Malpractice, Contracts, Personal Injury and Insurance Bad Faith for California on
Answered on Aug 23, 2017

You need a medical malpractice attorney to review your records and consult with an expert surgeon to evaluate whether you have a case. No one can help you on the internet. Start making calls. Consultations by phone are free.
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Q: What can I do about hit and run?

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Tennessee on
Answered on Aug 17, 2017

You can identify the driver and the vehicle. This is a crime. Call back to talk to a desk sergeant, to see why no one has called you back.
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Q: 8 years ago my son have a car accident . he was not on my policy so the insurance co. cancel my insurance

1 Answer | Asked in Car Accidents, Consumer Law and Insurance Bad Faith for Florida on
Answered on Aug 15, 2017

I suggest that you consult with a personal injury attorney in your area to see if an attorney at the personal injury firm will be willing to assist you in getting this matter resolved.

There is not a way to give you the advice you need via this internet forum.

Good luck.
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Q: What is my option in my home damage?

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Washington on
Answered on Aug 10, 2017

Get the policies. Get the police report. State Farm's claim is based on a "sudden emergency. " That's only good if they can show he didn't have that condition before. Even with a heart attack,the person knows it's coming, can go to the side of the road to have it.

Start getting used to corresponding by writing and fax.That way there is a record of who said what. Start by asking State Farm to clarify the evidence they base their deniablity on.

Then tease out more...
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Q: how normal/popular is corporate-owned life insurance?

1 Answer | Asked in Insurance Bad Faith, Consumer Law and Employment Law for California on
Answered on Aug 10, 2017

In general, it's nothing to be concerned about. https://en.wikipedia.org/wiki/Corporate-owned_life_insurance

"Notice and Consent Requirements

The Employee must, prior to the issuance of the insurance contract:

Be notified in writing that the employer intends to insure the employee’s life and the maximum face amount for which the employee could be insured at the time the contract is issued.

Provide written consent to be insured under the contract during and...
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Q: How do I get the sheriff's department to replace my car?

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Florida on
Answered on Aug 9, 2017

It may not be fair. But the facts you state appear to be correct.

I suggest that you hire a personal injury attorney as they might help you process the claim and evaluate as well.

Good luck.
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Q: I want to keep my damaged car, must I sign POA form?

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Nevada on
Answered on Aug 6, 2017

Understand you won't get 24 k if you want the car--you have to buy it back from them for salvage. Looks like you are getting a decent deal--take it. You say the wreck was deemed your fault. If you agree fine. If not, why not contact a member of the Nevada Trial Lawyers Assn--they give free consults.
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Q: Is it normal for adjuster to send details to my boss about an open claim to pressure me to settle?

4 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Illinois on
Answered on Aug 4, 2017

I would highly recommend stopping what you are doing, and hiring a personal injury attorney immediately. Do not say another word to the insurance adjuster until you do. This is a common tactic engaged in by insurance adjusters that are not represented by an attorney, as they will never take you seriously.

A knowledgeable personal injury attorney will almost certainly add more value to your case than their fees, and will ensure that all of the legalities are taken care of, as...
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Q: Do insurance companies have a time limit to pay damages?

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Insurance Defense for Florida on
Answered on Aug 4, 2017

If I understand your brother in law's situation correctly, he has a "local Lawer" but not a Florida Lawyer.

I suggest strongly that your brother in law speak with a Florida Personal injury attorney who handles workers compensation cases, as soon as possible.

I attach the workers compensation statute here: It provides for a 2 year statute of limitations to bring the claim. I am very concerned that your brother in law may have waited to late. (Important I do not handle workers...
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Q: Do I need to surrender my bike and cargo box to the car dealership that damaged them in order for them to replace it?

1 Answer | Asked in Insurance Bad Faith and Consumer Law for California on
Answered on Aug 3, 2017

If someone is paying you fair market value for the bike, then they should get the bike. That's what happens when your car gets totaled by an insurance company, for example. The property should be surrendered upon receipt of the money, not before. As for time, you have three years from the date of damage to bring a lawsuit for negligence. Sooner is better.
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Q: Will I have a hit-and-run on my driving record if I was not convicted, but my insurance company paid the claim?

1 Answer | Asked in Criminal Law, Insurance Bad Faith, Insurance Defense and Personal Injury for California on
Answered on Aug 3, 2017

Your driving record will show a collision resulting in bodily injury. It is entirely your insurer's right to determine whether to pay a claim and how much to pay, even if it affects your driving record.
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