Get free answers to your Insurance Bad Faith legal questions from lawyers in your area.
In May 2023, I underwent a breast lumpectomy to remove what was deemed a benign fibroadenoma after a biopsy. The surgeon and I agreed on the surgery for personal and medical reasons. Despite multiple post-surgery visits where I raised concerns about persistent pain and firmness, no follow-up or... View More 
answered on Apr 24, 2025
The first issue is the one-year statute of limitations wherein you must file a lawsuit or you will be forever barred from compensation. Based on these facts you may be within that time period but you should immediately consult with an experienced malpractice attorney.
Depending on reasons... View More
I was involved in a car accident in California where I was not at fault. During mediation, the final offer was $100,000, but my attorney advised waiting. Two weeks later, I received a release for $85,000 without prior notice. I requested to see the other party's proposal offer, the total... View More
answered on Apr 21, 2025
There are several red flags that indicate cause for concern, and others do not.
The portion coming from your own insurance company would not be included in the release.
It is unclear why the settlement is no longer $100,000.
Liens can be negotiated, in some situations,... View More
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
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
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
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
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
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
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
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
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
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
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
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
She feels like she has been completely miss lead. We already filled a complaint with the department of insurance and are waiting for them to investigate.
answered on Nov 15, 2024
It really depends on what the insurance policy and terms say. Your grandma's relationship with National Life is contractual. If she is paying a monthly or annual premium to keep the policy active, if she stops paying, she may no longer be able to receive the benefits of the policy. You should... View More
've been going to my primary doctor for the last several years for extreme pain and weakness and nonstop burning in both of of my arms. My doctor thought I had maybe a pinched nerve and sent me for a CAT scan, which showed nothing. I went for carpal tunnel testing which was an a painful... View More
answered on Oct 9, 2024
It is common - especially given the fact that warning labels can change, and that all doctors may not routinely perform a full spectrum of lab work as was the case with your new doctor filling in for the other's maternity leave. A medical professional could make a better assessment of your... View More
My main water line within my property lines broke. I filed a claim with my home warranty to cover the damages. They state that the damage isn't covered as it's not within their Covered Items (this is correct). However, their contract also states that leaks within the Covered Home are... View More
answered on Sep 9, 2024
I would not attempt to interpret the contract without seeing the contract. However, home warranty contracts are not considered to be insurance. Therefore, there is no such thing as an action for bad faith against a home warranty company. At most, you could sue for the cost of the repair.... View More
car that i had, which was paid off. why would anybody do that? one car is 30 years old and the newer car is still on a lien with the bank!They switched it from, my bank owned mind you, car just when i get in an accident and file claim. all of a sudden they wont pay a dime saying 2year prior i... View More
answered on Aug 31, 2024
Your position sounds logical, but I do see some flaws in your argument. You say this happened 2 years earlier, right? So, are you saying that for the last 2 years, you never looked at your insurance bills, and never noticed that your rates and coverage had changed? I find that hard to believe, if... View More
I have been going through cancer treatments and have been on long term disability. The insurance co. made a mistake and are now wanting me to pay back $13800.00 + dollars and have threatened me with collections. Can they ding my credit when we did not enter into a credit agreement with them?
answered on Aug 9, 2024
Insurance companies can pursue overpayments. One option might be to discuss with your state's Department of Insurance in terms of your consumer protections and options, based on amount, nature, and timeline of overpayment. Good luck
I live and work in California. I have a PPO through my job with Blue Cross Blue Shield of Michigan because the company is a chain with headquarters in Michigan, but with locations all over the US. I recently had to use an ambulance, and BCBSM says that I am responsible for the full bill because the... View More
answered on Aug 8, 2024
I agree with my colleague. Insurance companies generally follow state regulations, even though most of them operate on a national level. You have already appealed the matter. One option may be to seek guidance from your state's department of insurance, which in most states, oversee compliance... View More
The restoration company led us to believe that our insurance policy included coverage for damages. We called our insurance co and a plumber when we noted the leak. Insurance co. was there within hrs. and asked to see insurance policy. He began quoting dollar figures that we would be compensated... View More
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answered on Jul 1, 2024
This is a complex situation that involves multiple areas of law, including insurance, contract, and potentially elder law. Here's a breakdown of the key issues and some potential steps you might consider:
1. Insurance Claim Denial:
- Review your insurance policy carefully to... View More
My policy had a Cash Value Rider included. Been paying for 15 years but lapsed beyond grace period due to a move where mail forwarding was missed. Reinstatement application was declined. Does this mean I, policy owner, can request refund of premium paid towards policy? Insurance company is forcing... View More
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answered on Jun 19, 2024
I can provide some general information about life insurance policies with cash value riders and non-forfeiture options, but please note that the specific details and your options will depend on the terms of your individual policy and the laws of your state. It's best to carefully review your... View More
The insurance company I am under received a 998 offer , it is within my policy limits but they want me to continue to fight the case. I want to settle this case and allow my policy to pay it. Can they ignore my request ,drag this case out to trial? Even though I will suffer the most damage in the... View More
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answered on May 28, 2024
In California, a 998 offer (also known as an Offer to Compromise) is a settlement offer made by either party in a civil case, pursuant to Section 998 of the California Code of Civil Procedure. If the offer is not accepted and the party who rejected the offer fails to obtain a more favorable... View More
The insurance company I am under received a 998 offer , it is within my policy limits but they want me to continue to fight the case. I want to settle this case and allow my policy to pay it. Can they ignore my request ,drag this case out to trial? Even though I will suffer the most damage in the... View More
answered on May 28, 2024
The decision to settle or litigate belongs to the insurance company. If it exposes you to a judgment in excess of your policy limit, it might be responsible to pay the entire amount. You should probably send the adjuster a letter, certified mail, demanding that it, alone, be responsible for any... View More
All paperwork has been submitted and accepted from GAP insurance company-Smart AutoCare. They keep telling me its "processing". Meanwhile, I am still making payments on a vehicle I no longer possess. Please help.
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answered on May 24, 2024
Under California law, if your GAP insurance company is delaying payment without a valid reason, you have options to resolve the issue. First, document all your communications with the insurance company, including dates, times, and the names of representatives you spoke with. This record will be... View More
The ins company had to know or at very least became aware of the fact service of Notice of Rescission prior to exercising rescission is a California statutory requirement,"no Notice, no rescission." Americo was repeatedly asked to provide the citation, code or case law relied on to... View More
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answered on May 22, 2024
Based on the information provided, it seems that the insurance company (Americo) rescinded changes made by the policy owner through a Power of Attorney (POA) without properly serving a Notice of Rescission as required under California law. This action by the insurance company could potentially give... View More
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