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Insurance Bad Faith Questions & Answers
1 Answer | Asked in Health Care Law and Insurance Bad Faith for New York on
Q: I was denied an MRI from Emblem health several times. New insurance now diagnosed with arthritis can I sue Emblem?

Emblem was my former insurance through my former employer. I suffer from hip pain. I was approved for an X-ray of my hip which showed normal. However the pain was severe. My PCP requested an MRI on my behalf several times, but Emblem denied the request each time. My coverage ended with Emblem on... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2022

I'm sorry for your ordeal. You ask if you could sue. I think it would be difficult to find a law firm to handle such a matter on a contingency basis. MRIs are often initially denied as a knee-jerk reaction in many instances. They are big-ticket items compared to other less-sophisticated... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Arizona on
Q: I was in a motorvehicular accident in January and my claim is still open with no settlement offer/no end what can I do?

No updates in a timely manner. No one seems to care. My adjuster has changed 4 times. The vehicle still in shop with no contact from the shop. It’s been 10 months. I’m at a loss…

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 5, 2022

If you have not hired an attorney, then that is the next step. Please do so immediately.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Car Insurance, and maintenance BAR lawyer

Hello,

My passenger airbag in my Honda deployed on the freeway. There was no accident, I’m not sure if it was a pot hole, bump, or malfunction. My insurance is blaming it on manufacturer, and vise versa. Now Allstate won’t pay Honda for the inspection and storage fees after “the jerk... Read more »

James L. Arrasmith
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answered on Oct 4, 2022

Yes, I would advise that you contact a lawyer about your situation.

2 Answers | Asked in Insurance Bad Faith for California on
Q: I had a knee replacement as a inpatient but was released that night. I've been trying to get my deductible back.

My doctor wrote a letter to the hospital that it was an outpatient surgery and to rebill ins. I've been fighting this for 16 months and keep getting the run around. Please advise if I have recourse. Thank you.

James L. Arrasmith
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answered on Oct 4, 2022

A strongly-worded letter to the company letting them know that you will be suing them if they do not stop illegally trying to bill you should do the trick. Contact my office if you need assistance in drafting such a letter.

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1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for Arkansas on
Q: if a vehicle forces you off the road and damage your vehicle can an uninsured motorist claim be file?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

An Arkansas attorney could advise best, but your question remains open for a week. It could depend on Arkansas UM doctrine and your policy. Nationwide, states differ as to whether actual physical contact is necessary for a UM claim. Check with a local attorney as to state-specific requisites. Good... Read more »

3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Civil Litigation for California on
Q: California Seatbelt defense falsely being claimed by defense counsel

Filed in pro per civil unlimited against negligent driver that rear ended me and was cited for speeding at scene of accident. Went to hospital and have been treating for spinal injury. Defense counsel for Kemper responded to suit by claiming plaintiff, (myself) not wearing seatbelt. However, I was,... Read more »

William John Light
William John Light
answered on Oct 2, 2022

Defendants get to assert defenses. They have to prove them by a preponderance of the evidence. You are entitled to dispute the defenses. That happens at trial by testimony or other evidence. Since there has been no trial, you have no right to prevent the Defendants from claiming this defense.

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1 Answer | Asked in Insurance Bad Faith for Vermont on
Q: How long should a Premises Liability claim response take. Claimant suffered TBI from slip and fall

Business sign/ fixed awning not cleared of ice and snow caused sidewalk hazard combined with irregular cement placement of sidewalk.

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Vermont attorney could advise best, but your question remains open for two weeks. If you mean a response in terms of a basic acknowledgement, that could take several days or a couple of weeks. The carrier could request additional information to verify the claim. If you mean a response in the... Read more »

1 Answer | Asked in Personal Injury, Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: Is it legal for a landlord to have ones neighbors spy and follow them around. Neighbors who share walls document all?

I believe my landlord is colluding with my surrounding neighbors in order to gain information about the way I live so that they may navigate renters insurance the best way. For 6 months this has caused me extreme mental distress to the point where I tried to kill myself out of hopelessness and... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Oct 1, 2022

Hard to see how someone else affects your renters insurance but nothing you have posted appears to be unlawful. Also is very hard to see why you would elect suicide over just moving elsewhere. You would likely be better served to focus your efforts on getting adequate counseling and care rather... Read more »

1 Answer | Asked in Employment Law, Insurance Bad Faith and Insurance Defense for North Carolina on
Q: Can an employee insurance refuse to pay the beneficiary who is her granddaughter because the employee was not married?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. An attorney is likely going to want to see more details about the policy. If you could arrange a brief initial consult, an attorney might be able to outline the best options here, such as litigation or... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: Can you please explain to me what I can do when my auto insurance policy rescinded on me for material misrepresentation?

My car was stolen and recovered back in June 2022 and my insurance companies underwriting team did their investigation and sent me a letter stating they rescinded on my policy for material misrepresentation for not disclosing all licensed drivers in my household on the policy application. I tried... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2022

A California attorney could advise best, but your question remains open for two weeks. These can be difficult cases. In insurance law, there is a universal doctrine of good faith in representations made by the policyholder to the carrier. Depending on the amount of the claim, it could be worth... Read more »

1 Answer | Asked in Insurance Bad Faith for Washington on
Q: Would it be reasonable to sue my insurance company?

My insurance company cut their contract with my healthcare provider in January 2021 without my knowledge. Now, they won't cover 80% of my bills for dialysis despite being my main insurance. When we signed up, we agreed to pay 20% while my insurance pays the rest. I've been attempting to... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2022

A Washington attorney could advise best, but your question remains open for two weeks. It could depend on the coverage of the policy and the terms of the denial. Denials sometimes outline available recourses, such as appeals, arbitration, or the civil litigation that you ask about. If you arranged... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Colorado on
Q: Which HOA is responsible for repairs?

I had a sizable condo fire, and it was determined that it was the HOAs insurance policy that should make the repairs (not due to fault but bylaws- both parties agree). Suddenly, my HOA changed ownership a few weeks after the fire to a new company. Now the old HOA is saying that it is no longer... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 26, 2022

Sorry to give generic information but you should look into an attorney to sort everything out.

In addition, it may be worth taking the time to dig through your home owners documents for the insurance declaration and trying to make a claim directly with the insurance companies. If...
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1 Answer | Asked in Insurance Bad Faith for California on
Q: Greetings. I am cashing out a life insurance policy. Life insurance company is requiring a small estate affidavit?

The insurance company says they need an affidavit to determine the new owner of policy. The owner of policy was the Estate of my Father, C/O myself and the insured is my son. On the affidavit who should be listed as successor(s), both my Son & I or one of us?

Thanks for your time.

James L. Arrasmith
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answered on Sep 23, 2022

The small estate affidavit is a non-probate procedure to more easily transfer assets. You should mirror the affidavit with the testamentary disposition.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My storage was burglarized Sunday. I immediately reported to P.D. and Management. I pay insurance yet they have no info?

My unit was broken into Sunday morning as this was viewed on their security camera footage following day. I immediately reported to P.D. and Management of storage and waited for someone to show Sunday when I was locked in overnight with no emergency number to call to get out. After explaining this... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 23, 2022

Demand that management give you the insurance company information. If not, you can sue and discovery that information during "discovery."

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for California on
Q: If after the sale of real or personal property what is the first action to file to prevent eviction or removal therefrom
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 23, 2022

Is the owner of the home selling it while you are a tenant? If so, you would not need to do anything right now, as the sale of the home carries with it the leasehold that you have.

1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Can I sue my insurance company for stringing me along and not paying out on a claim that's affecting my work and housing

Right off the bat I had to sign a huge stack of papers which I was kind of unsure signing to begin with, but it was a relinquishing my the information from all bank accounts all of my person to person pay apps that. my call log on my phone all any phone records. I also had to provide phone numbers... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 21, 2022

You must have a basis to sue your insurance company. You cannot sue your car company merely for asking for documentation to support a claim you are making. To answer this question, more context is needed. What is the underlying claim you are making that would entitle you to insurance coverage?... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Insurance denied are claim
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

If you believe the denial was wrongful or in "bad faith," which it appears you do given your question on this site, speak with an insurance litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Insurance Bad Faith for Oregon on
Q: Claim file denied ,denial letter denied . Where can I find a attorney to represent this

Prudential fiduciary administrators have denied denial letters and claim files .

A forgery of a appeal was made by the processors ,

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2022

An Oregon attorney could advise best, but your question remains open for two weeks. A law firm would ask for additional information regarding the claim, denials, appeal, and other file documents before offering direction, but you could use the Find-a-Lawyer tab above to search Oregon attorneys as a... Read more »

1 Answer | Asked in Insurance Bad Faith and Real Estate Law for Pennsylvania on
Q: Property was damaged by known third party. Property was sold. No mention of damage. Insurance claim turned in

Claim made to offending party's insurer. How much property damage is the insurer liable for? Thank you. Damage was done for years prior to sale and continues (storm water). Damage caused by offending party negligently not following the law

Tim Akpinar
Tim Akpinar
answered on Sep 5, 2022

A Pennsylvania attorney could advise best, but your question remains open for three weeks. I could only speak for the insurance elements of your question, since you posted under Insurance Bad Faith. It could depend on the insurer's policy limits and whether it is a loss covered by the policy... Read more »

1 Answer | Asked in Insurance Bad Faith, Personal Injury, Antitrust and Collections for West Virginia on
Q: I need pointed in right direction for mental anguish claim
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 2, 2022

The right direction is to contact a personal injury lawyer in your area, set up a consultation, specifically discuss the specifics of your situation and determine your options. Good luck.

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