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Insurance Bad Faith Questions & Answers
1 Answer | Asked in Criminal Law, Insurance Bad Faith and Traffic Tickets for Utah on
Q: Is it legal to be pulled over in Utah due to incorrect insurance database info?

In Utah, is it legal for someone to be pulled over solely because the database erroneously showed they didn't have insurance, even though their insurance was valid? I was stopped with no other reason, received a warning about the insurance, and was issued two tickets for a suspended license... View More

William Melton
William Melton
answered on Mar 12, 2025

Unfortunately, yes. This is an issue that we see frequently. The cop made a stop in good faith that he believed you were operating the vehicle without insurance. Those databases are wrong all the time, but the Utah Supreme Court has ruled cops may make mistakes and the stop is valid as long as they... View More

1 Answer | Asked in Identity Theft, Employment Law, Tax Law and Insurance Bad Faith for Florida on
Q: Legal recourse after $16,000 stolen from 401(k) due to identity theft and incorrect 1099-R issued by Fidelity.

My wife had $16,000 stolen from her 401(k) account with Fidelity following an identity theft incident in June. We were not informed by Fidelity until we discovered the account was blocked in November. We have reported this to the police, Identitytheft.gov, and social security. Fidelity claims to be... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 9, 2025

If your money is not refunded, you might have a potential negligence claim against Fidelity, which is likely insured for that. Schedule an appointment with a lawyer in your area who handles civil litigation including negligence claims against financial institutions. The lawyer should promptly... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Ohio on
Q: How to tell if Life Insurance company is being truthful when they say beneficiary was changed when I was the beneficiary

I have an insurance policy document that my mother took out in 1976 with myself listed as the beneficiary. When I inquired with the company they said that I was not listed as the beneficiary even though I have document indicating that.

Then they said that the "beneficiary might have... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2025

An Ohio attorney could advise best, but your question remains open for a month. What the insurance carrier is telling you about the beneficiary possibly changing could be true. They don't really have an incentive to lie about who a beneficiary is - they make payment one way or the other, based... View More

1 Answer | Asked in Probate, Real Estate Law, Insurance Bad Faith and Civil Litigation for Mississippi on
Q: How can I contest relatives unlawfully seizing inheritance in MS?

I suspect my relatives unlawfully seized my inheritance in Mississippi, including property and insurance left by my deceased father Ralph Bishop, an heir to his father, Frank Hagmon Bishop, a Navy veteran. Despite my rightful ownership, assets were transferred, perhaps to California, with potential... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2025

If you feel real property should have been inherited by you, hire a MS attorney to search the title and determine heirship. If you are a tenant in common, sue the other recorded tenants either for Partition or possibly Ejectment. Time is of the essence here. As to insurance, contact the... View More

1 Answer | Asked in Car Accidents, Criminal Law, Insurance Bad Faith and Personal Injury for Maryland on
Q: Can I press charges against a drunk driver who hit my car?

I was involved in an accident with a drunk driver who hit my car. Although he has insurance, he has been dodging calls from his insurance company for months. He is currently in jail for hitting another driver's car and injuring them. I have filed a police report, have pictures, a video of the... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

A Maryland criminal law attorney could advise best on the issue of charges, but regarding the civil issues in your questions, it's possible the other driver is not able to respond due to incarceration. The carrier should still manage to process the claim and advise on their position. You... View More

2 Answers | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: Can't verify insurance carrier's license and getting no response. What to do?

I am a claimant involved in a situation where a second-party adjuster, supposedly acting on behalf of a security guard company's carrier, reached out to the business owner of a restaurant I was at. This adjuster claimed to be opening a claim on behalf of the security guard company mentioned in... View More

William John Light
William John Light
answered on Feb 23, 2025

You can hire an attorney to help resolve your dispute with the security guard company, or file a complaint with the superior court over what ever your dispute is with the security company. If an an adjuster for an unlicensed insurer or adjusting company is engaged in attempting to investigate or... View More

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2 Answers | Asked in Banking, Insurance Bad Faith, Civil Litigation and Personal Injury for California on
Q: Legal recourse for life insurance cancellation due to bank payment error in CA?

I paid my son's life insurance for 10 years through automatic bank payments. Recently, due to a bank system change, my March 2024 payment wasn't processed, leading to the insurance policy's cancellation. The insurance company claims they didn't receive payments for March, April,... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 14, 2025

This question came up under several different headings. Please note the appropriate topic is "Banking" or "Civil Litigation". It does not involve insurance or personal injury. I don't think you have a cause of action against the insurance company because they didn't... View More

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2 Answers | Asked in Arbitration / Mediation Law, Legal Malpractice and Insurance Bad Faith for California on
Q: Can my former lawyer share court details with an insurance agent?

I recently let my lawyer go because I felt she wasn't representing me properly; however, she is still representing my sister. After this, I attended court with my sister, and I found out that my former lawyer had contacted the insurance agent about what was said in court. I feel this may have... View More

William John Light
William John Light
answered on Feb 14, 2025

What was said in court was a public record. A "feeling" that communication with an agent/adjuster may have adversely affected your settlement is not nearly enough. You need evidence that you were harmed. What was said in court may have affected your settlement, but the attorney... View More

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4 Answers | Asked in Car Accidents, Insurance Bad Faith and Wrongful Death for California on
Q: Handling wrongful death claim deductions from insurance settlements

I am handling a wrongful death claim after an auto accident involving my parents. Initially, their insurer labeled a deduction as a subrogation fee, then later as an underinsured claim. This was applied to settlements from the other insurance several times, totaling four deductions. I let go of my... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 14, 2025

I understand your concern regarding the deductions, especially since the insurer is citing a law that mandates these deductions. To address this issue properly, I recommend speaking directly with an attorney who specializes in insurance law or wrongful death claims. They will be able to review the... View More

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1 Answer | Asked in Insurance Bad Faith for North Carolina on
Q: I’m out of work for a femoral popiteal artery bypass and applied for my short term disability it was denied for pre exis

Existing condition I had a iliac artery aneurysm rupture 2 years ago

Tim Akpinar
Tim Akpinar
answered on Feb 12, 2025

A North Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. Two of your options include (1) reviewing the policy, discussing the denial with the disability carrier, and discussing whether your providing medical evidence from your... View More

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Florida on
Q: Is this an accurate interpretation of Florida's third-party bad faith law?

Question for Attorneys: Bad Faith Law in Florida and Potential Misrepresentation

Is the following interpretation of bad faith law in Florida correct?

In most jurisdictions, including Florida, an insured party must first attempt to settle their underlying insurance claim before... View More

Ricky D. Gordon
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Ricky D. Gordon
answered on Feb 4, 2025

My opinion: The jury decision in the underlying lawsuit is what determines if bad faith existed in pre-suit negotiations compared to the amount of the jury verdict. Example: If the carrier was given the opportunity to settle the case for policy limits and failed to do so timely (90 days pursuant... View More

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Products Liability and Small Claims for California on
Q: I am inquiring about an attorney that practices with Insurance for vehicles. Possibly a pro bono or sliding scale

I was involved in an accident last year and I was not at fault. I have a police report and have notified the other party's insurance however they have not been helpful. I have called and left multiple messages but it's almost a year and I have not received no call in return. Since the... View More

William John Light
William John Light
answered on Jan 26, 2025

The insurance company for the other driver owes you nothing until you get a judgment against its insured. If your car was damaged, get estimates for repair and for rental car during the period of repair. You can also contact a car appraiser to get an estimate of the diminution in value to the the... View More

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1 Answer | Asked in Business Law, Insurance Bad Faith and Consumer Law for Delaware on
Q: I used a shipping company to transport personal belongings worth around $10,000.

I used a shipping company to transport personal belongings worth around $10,000. The shipment, intended for overseas transport via sea container, was delayed multiple times, returned, and kept at their business office, where it was destroyed in a fire. The company is not offering full compensation.... View More

Morgan Theodore
Morgan Theodore
answered on Jan 21, 2025

You would have to send your contract with the shipping company's terms to an attorney to review this. If there was indeed a fire, they should have some insurance coverage for contents. I would hire an attorney to put them on notice of a breach of contract and negligence. Obtain their property... View More

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Traffic Tickets for New York on
Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 6, 2025

As my colleague correctly advised, report this matter to the insurance company you had at the time of the incident. It will perform its own investigation of the occurrence, assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Traffic Tickets for New York on
Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2025

You should let your insurance carrier handle the response. Make a copy of the summons and complaint and give the original to the insurance carrier with whom you had a policy in effect at the time of the accident. Do this immediately, as there is a short time window in which to respond. Keep a copy... View More

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2 Answers | Asked in Contracts and Insurance Bad Faith for Florida on
Q: In Florida, what steps must be taken for a private Lessor to repo a vehicle from Lessee, they are in contract with?

contract for a vehicle where a family member was the holder of the vehicle's loan, the bank held the title. he was a lessor and lived in SC, where the car was licensed and registered. The Lessee lives in FL and was making loan and insurance payments to the Lessor. The contract specifically... View More

Erik A. Perez
Erik A. Perez
answered on Dec 27, 2024

In Florida, a lessor can repossess a car without prior notice to the lessee, provided that the repossession is conducted without breaching the peace. According to Florida law, Lessor’s right to possession of goods., a lessor has the right to take possession of the goods after a default by the... View More

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1 Answer | Asked in Insurance Bad Faith, Legal Malpractice and Medical Malpractice for Ohio on
Q: medical malpractice dentist suer not explaining procedures and I am in great discomfort and it is ruining my life

dentist work over the years and different dentist and a dental franchise hued and bright now never explained procedures to me and it caused me to lose teeth with out explaining side effects and damage and not explain root canal procedures before doing them and my insurance does not cover the... View More

Tim Akpinar
Tim Akpinar
answered on Dec 24, 2024

An Ohio attorney could advise best, but your question remains open for three weeks. This looks like it has the makings of a difficult case that many law firms would be reluctant to take on. This is not to say that you did not suffer. Any observer would probably have sympathy for your plight.... View More

2 Answers | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for Florida on
Q: Loss usage of property

My elderly mother has loss usage of her property. The county allowed a realtor to mislead her by telling her she had her own tree lined driveway knowing the driveway was in dispute. Tropic Shores Realtor in Hernando County FL. The seller covered up issues with problem neighbors and the drive. Two... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2024

"We can't get the judge to do a restraining order..." Was your mother represented by a lawyer in seeking such an order? If not, schedule a consultation with a lawyer in your area and start from scratch. If she did have a lawyer, any lawyer you consult with would have to review... View More

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2 Answers | Asked in Insurance Bad Faith and Real Estate Law for California on
Q: Do homeowners have a duty to maintain trees or can they rely on insurance companies to cover any damages they cause?

Neighbor is limiting the use of my driveway. I cannot park in my own driveway where I want because of a hazardous tree.

A homeowner on my street, has a hazardous tree he refuses to remove (a very large dead Modesto Ash). The ground at the base of the tree can be seen lifting up during... View More

William John Light
William John Light
answered on Dec 13, 2024

You can contact the city, which may have an ordinance about diseased or dead vegetation. Code enforcement might require him to remove the tree. Otherwise, you would have to file a lawsuit alleging a nuisance, and request an injunction ordering him to remove the dead tree. You would need a... View More

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Contracts for New York on
Q: Can I do anything about an agent at my car insurance company lying about coverage?

When I renewed my car insurance policy, I was told that some optional add-ons were not optional and I had to accept. I found out a day later that she lied and it was not true. Now the company is saying it can be fixed by the agent but they're making it EXTREMELY difficult. I'm on my 6th... View More

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2024

This looks like something that could be remedied without attorneys. You could try to continue to work with their customer service to get the options you want. If the first person you spoke with was inexperienced and provided incorrect information, it's possible you may have to pay whatever... View More

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