Insurance Bad Faith Questions & Answers

Q: Is there any case law that would support a claim against a Homeowner's Insurer for personal injury of a disabled adult?

1 Answer | Asked in Personal Injury, Civil Rights and Insurance Bad Faith for Florida on
Answered on Oct 18, 2018
Peter Munsing's answer
Possibly though a lot will depend on the duty owed by a contracting engineer especially if their scope was just structural, not enviornmental. Contact a member of the Fla Justice Association--they give free consults. Look for one that handles mold cases.

Q: I need to file personal injury suit against my insurance because was in auto accident hit by uninsured what form to file

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Florida on
Answered on Oct 18, 2018
Peter Munsing's answer
You should have contacted a member of the Florida Justice Association. They give free consults.

I can't give you legal advice on Florida pleadings but one way would be to go to your county court law library, ask them to help you look up a recent case involving uninsured motorist law, ask them if they have "Westlaw" which often has the pleadings in a case available, and can they pull the complaint. That should at least serve as a template.

You then need to do whatever is...

Q: I was in a car accident 3 years ago. I received $900,000 from the insurance. Capitol First is not allowing access.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Ohio on
Answered on Oct 16, 2018
Timur Akpinar's answer
I don’t practice in Ohio but your question remains open for four weeks. If you were represented by an attorney, it could be worthwhile to ask them to go over the terms of your release and other closing documents for the case.

Tim Akpinar

Q: Can I request an insurance pay-out after a car accident if I've already received some money from the person who caused

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Oct 16, 2018
Timur Akpinar's answer
I do not practice in California, but your question remains open for four weeks. The underlying principle of insurance, in general, is to reimburse people for losses they sustain. Depending on the nature of the case and payment, carriers can offset their payment to reflect funds already received. This is a general premise; it would be best to consult with a California attorney to be certain of your rights and obligations.

Tim Akpinar

Q: The person who caused my accident's car insurance won't cover any costs for pain and suffering. Is this legal if I

1 Answer | Asked in Insurance Bad Faith for Illinois on
Answered on Oct 15, 2018
Timur Akpinar's answer
It isn’t uncommon for carriers in such cases to defend their position rather than to concede and pay the damages you seek. Consult with an Illinois personal injury attorney who could examine the facts of your accident, your injuries, and the no-pay position, and advise you of your options, which could include placing the matter into suit. At the very least, an attorney could outline for you the timeframes and statutes of limitations within which you would need to act to preserve your rights....

Q: How do I file a bad faith claim against an insurance company?

1 Answer | Asked in Insurance Bad Faith for Maryland on
Answered on Oct 7, 2018
Timothy Fizer's answer
There are different bases for bad faith, whether first party or third party. There also are two different approaches. One is under Title 27 of the Insurance Code - Unfair Trade Practices and Other Prohibited Practices. The other is under § 3-1701 of the Courts & Judicial Proceedings Article, titled "Actions Against Insurance Providers to Determine Coverage." If you have a significant amount involved, it would serve you best to hire counsel to assist in addressing this properly.

Q: can a mental health clinic i was refered to send me away and tell me they cant help with suicidal thoughts?

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Personal Injury for California on
Answered on Oct 6, 2018
William John Light's answer
Your question indicates that you are in Florida, but you asked your question in the California section. In California, if you are feeling suicidal, there are many options, including hotlines, personal physicians, the police and County Hospitals. If you are a danger to yourself, you can be confined in a psychiatric institution and given appropriate medications for a short period of time which can be extended in certain circumstances. I imagine that Florida is probably similar. Do not fixate...

Q: I feel like my insurance company is reading the terms of its contract in an unreasonable way when the language seems

1 Answer | Asked in Insurance Bad Faith for Florida on
Answered on Oct 5, 2018
Timur Akpinar's answer
I do not practice in Florida, but your question remains unanswered for three weeks. The facts here don’t indicate whether this is an auto, homeowner, or other type of claim. If the insurance carrier has issued a denial, you could show it to an attorney, together with all your information about the nature of the loss, and the policy. An attorney experienced in insurance claims should be able to help you determine if the position of the insurance carrier has merit, or if there are grounds upon...

Q: I had a 10 Year HELOC that matured in Dec 2105 with a zero balance. Can the servicer purchase property insurance in

2 Answers | Asked in Insurance Bad Faith and Real Estate Law for Florida on
Answered on Oct 4, 2018
Richard Paul Zaretsky's answer
If your mortgage matured more than 5 years before the placement of insurance, then the lender at that time had no insurable interest because of the statute of repose.

This is a very specialized issue and if there is no satisfaction of mortgage, you may need to do a quiet title action to clear the apparent lien of the mortgage from your property.

Since they had no insurable interest, no, they could not or should not have charged your for insurance.

Q: My mother passed while she was on medicaid. All she had were 2 small insurance policies ( 5k per). Do I need to probate

1 Answer | Asked in Estate Planning, Insurance Bad Faith and Probate for Pennsylvania on
Answered on Sep 23, 2018
Elizabeth Tarasi's answer
The insurance policy usually names a benificiary. Generally you do not probate when the only assets are insurance policies.

Q: If a Washington State (exempt) agency committed fraud can they be sued?

1 Answer | Asked in Civil Litigation, Civil Rights, Health Care Law and Insurance Bad Faith for Washington on
Answered on Sep 23, 2018
Timur Akpinar's answer
You would need to discuss this with a Washington attorney at the soonest. I do not practice in Washington but your question was not picked up for four weeks. If you are contemplating legal action, you should consult with an attorney without delay because there could be notice of claim filing requirements that could be in the order of days. I can’t speak for Washington State, but public agencies, hospitals, and other government entities in general could be protected by short deadlines for...

Q: I was in a car accident and I only have liability with uninsured Motorist property damage .i need help with my next step

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Intellectual Property on
Answered on Sep 21, 2018
Timur Akpinar's answer
You could learn more about the operation of your UM benefits by consulting with an attorney familiar with uninsured claims, who could examine the policy limits in regard to all damages ensuing from your accident. An attorney consult would be valuable in learning what deadlines, timeframes, and statutes of limitations you must act within to preserve all your legal rights. These could be in the matter of days with PIP benefits (I don’t know your state) that could cover medical expenses (I hope...

Q: I have a rv trailer when I used it last summer everything was fine when I opened it this summer I have water damage.

1 Answer | Asked in Insurance Bad Faith for California on
Answered on Sep 18, 2018
William John Light's answer
Impossible to say. You would need expert testimony from a vehicle appraiser or property damage estimator on the cause of the water damage and whether it was a maintenance issue or from a covered loss.

Q: My insurance company won't reimburse the whole amount of my loss, even though it's within the scope of my policy. What

1 Answer | Asked in Insurance Bad Faith for New York on
Answered on Sep 15, 2018
Timur Akpinar's answer
It isn’t stated what type of loss the non-reimbursement involves, or if non-payment involves a deductible. In some cases, when an insurance carrier issues a denial, it lists available options. These include litigation, arbitration, or complaint with the Department of Insurance. In other cases, a carrier could deny a claim in the form of a letter or email. It isn’t mentioned here if the claim has formally been denied. An attorney experienced in the type of loss(s) and coverage that applies...

Q: My mom got her license suspended and fined for not having insurane but

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Illinois on
Answered on Sep 9, 2018
T. J. Jesky's answer
There is an old saying, "Nothing is Life is Fair." You answered your own question, i.e. your mother waited too long. Once the judge ruled to pay the fine, your mother needs to pay the fine. If you try to vacate the judge's order, it will cost you more than $700 in legal fees, and you will most likely not prevail.

Q: I am a beneficiary on my friends life insurance. they need her medical records how do I get those released? she was not

1 Answer | Asked in Insurance Bad Faith for Illinois on
Answered on Sep 9, 2018
T. J. Jesky's answer
Something does not make sense to me. If you a new beneficiary, why does the Insurance Company need your friend's medical records. You would think that they would want your information.

That being said, a only the patient, or his/her legal representative, may inspect and/or obtain a copy of their medical records, or have copies of medical records released.

This requires a completed and signed Authorization for Release of Health Information form before releasing any documents to...

Q: Accident in NC, from PA. The accident was both parties fault. My 3 WEEK SUV totaled. Does insurance pay Taxes on new car

3 Answers | Asked in Products Liability, Tax Law, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Answered on Sep 9, 2018
Elizabeth Tarasi's answer
Yes they should. Ask them to pay taxes and transfer associated charges. If the car was financed the lien holder will be paid directly.

Q: Do I have a choice of which body shop to get my car repaired if the other driver was at-fault?

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Illinois on
Answered on Sep 8, 2018
T. J. Jesky's answer
Based on your own discussion, it sounds if you do have choice. They will send you a check that does not cover the entire cost based on your choice of body shop. Let me recommend that you use one of the shops in their network, so you will have nothing out-of-pocket. I believe you know that this is your best course of action. You are not going to scam the insurance company by receiving more than the actual cost of the repairs.

Q: If my claim has been approved how long does my insurance company have to pay me after a car accident?

1 Answer | Asked in Insurance Bad Faith for New York on
Answered on Sep 4, 2018
Timur Akpinar's answer
If by approved you mean that there is a court order by a judge, the order could stipulate a time period for payment. If you mean settled, then it could depend on how quickly third-party liens (if applicable) are identified and lienholders (medical providers, government agencies that paid health care benefits, etc.) agree to terms for satisfaction of their liens.

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