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California Insurance Bad Faith Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for California on
Q: My dentist refuses to abide to the insurance in-network contract and has charged me more than the allowance for braces.

The insurance has already called them more than once to inform them that there is an allowance but still they are overcharging me. A financial agreement was signed and the dentists stated on the agreement that those were the allowed insurance and treatment charges but it was all a lie and fraud. My... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 28, 2020

You could file such a lawsuit, but IMO what you really have is a run of the mill breach of contract suit against the dentist. This really is not something to be excited about, and it is not going to go to the Supreme Court. You should write a calm and polite letter to the dentist with a copy of... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Libel & Slander and Personal Injury for California on
Q: A notice of suspension. (NOS) to Poppy Trails Trailer par pursuant health and safety code18510 & 18511 18870.11 18870.12

Health and safety code section 18510 18511 and or 18870.11 18870.12

Notices on dates January 1, 2016. October 25th 2018 and May 27th 2020 ordering you to renew your expired PTO or to be subject to the PTO suspension of civil penalties and criminal procedures penalties including dates on the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 27, 2020




1 Answer | Asked in Insurance Bad Faith for California on
Q: What is the law in CA re replacing car seats after an accident?

There was one occupied and one unoccupied child seat at the time of my car accident. Progressive says they will only pay $125 to replace the occupied seat. Is this acceptable per CA carseat laws? I was under the assumption they should be responsible for fully reimbursing the cost of both seats.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 25, 2020

IMO the issue is not whether the seat was occupied, but whether it was damaged so as to make it dangerous to continue to use for a child's safety. You have asked several questions about this and Mr. Light told you what to do to go to small claims to obtain satisfaction, which is your best... Read more »

3 Answers | Asked in Insurance Bad Faith for California on
Q: Can I get my deductible back after a car accident, and my kids' car seats replaced?

I was involved in a minor car collision (5-10 mph) approx. 2 months ago. Progressive found me not at fault for the accident, and Geico also said their driver was not at fault. I already had to pay a $1,000 deductible to get my car fixed, but since it is now a word vs. word situation are there... Read more »

William John Light
William John Light answered on Sep 25, 2020

Small Claims against the other driver is an option if you can prove s/he was at fault. You will need Progressive's consent to pursue the other driver since Progressive now owns part of the claim for property damage. You will need the receipt/estimate for repair, proof of payment of the $1k... Read more »

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Do I have to release personal text messages to my insurance company for a claim?
William John Light
William John Light answered on Sep 12, 2020

You have a duty to cooperate in your claim. What that entails depends on the nature of the claim and what they are asking you to release. If this is an auto claim and they want to know if you were texting and driving, it would make sense for the insurer to ask about text messages. In that case,... Read more »

1 Answer | Asked in Insurance Bad Faith and Health Care Law for California on
Q: My Dentist filed a fraud claim to both a insurance company and Medi-cal in California.

Although the money was paid back I lost the benefit from Medicare that allows this procedure only once every 5 years. This was not the first time this office has billed for more than services I received. I thought that I was only approved for a cleaning only to find out I was approved for a deep... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 28, 2020

Fraud has a 3 year statute of limitations from the date of discovery. Perhaps you should sue the dentist for fraud. You could even go to Small Claims if it is less than $10,000. You should definitely consult with a Dental Malpractice attorney in your area.

Justia disclaimers below,...
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5 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for California on
Q: I WAS IN A accident and their insurance is take full responibililty, do i let repair or take check and repair myself?

the insurance company gave me 2 opitions . take to their repair shop - get a rental , est and repair. only get rental if i take to their shop and get repaired there. 2nd opition is take my jeep to get est. - no rental and they issue me a check . that was all that was said please heplp

Louis George Fazzi
Louis George Fazzi answered on Jul 28, 2020

Are you aware that you are asking this question of California attorneys? Most lawyers admitted to practice in the state of California may not be licensed to practice in Colorado, and consequently should not offer you advice based on California law.

Secondly, you did not indicate where the...
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4 Answers | Asked in Estate Planning, Insurance Bad Faith and Probate for California on
Q: Is a son or daughter of a beneficiary of a life insurance policy entitled to the proceeds if the the benefiary dies?

And son or daughter is not listed as a beneficiary on the policy?

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Jul 26, 2020

The money goes to the estate of the deceased beneficiary. Then it is distributed based on their Will or the law (if they died without one).

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1 Answer | Asked in Insurance Bad Faith for California on
Q: Just wanted to know if my evidence was enough to support my claim for damaged property. A grocery delivery woman from

walmart drove up the front yard that costed around 800 to renovate the whole yard broke, broke a sprinkler, ignored when my father and I were addressing the issue and just got a sorry sorry and left as she was leaving the groceries on the driveway. A minute after she left I took a couple pictures... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 11, 2020

Perhaps. You never know until you go to court. I suggest you send Walmart a written demand, certified mail, RRR, with your photos and the bills for the repairs or your estimates for the repairs, and give them 2 weeks to respond. After the 2 weeks is up, file in small claims. This is also... Read more »

1 Answer | Asked in Copyright, Insurance Bad Faith, Intellectual Property and Land Use & Zoning for California on
Q: Question, if this property belongs to the Indian reservation and the individual took it out unauthorized with a deed,

It would be considered fraud or no?

John B. Hudak
John B. Hudak answered on Jul 1, 2020

Consider contacting a local pro bono attorney group related to the issue. The specific facts would need to be reviewed to understand what happened and any possible wrongdoing.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client...
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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for California on
Q: In the state of CA can you change a last name but not get officially married to avoid increased health insurance cost?
Kevin Christopher Murphy
Kevin Christopher Murphy answered on Jun 30, 2020

Yes, you can change your name without getting married. However, you should consult with a Family Law attorney to get the best advice before making any decisions. Good luck!

1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning, Personal Injury and Real Estate Law for California on
Q: Who is liable for a brick wall between city and personal property.

I have kids jumping a brick wall all the time and falling on my yard. The wall runs across my property line from front yard to back yard. The other side is a tree shrub area, sidewalk and street. I want to know if I hold any liability if one of these kids get hurt? Also can I put signs up that face... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 30, 2020




3 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: does an insurance company have to defend the boat owner even though he is not listed as an insured on the policy?

The boat owner gave it to his son, who ended up getting insurance for the boat. The title for the boat was never changed.

William John Light
William John Light answered on May 19, 2020

Potentially, since the title never changed. An attorney will need to review the policy and do a coverage analysis.

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1 Answer | Asked in Civil Litigation and Insurance Bad Faith for California on
Q: Any recourse for a shipper - FedEx denies claim "No damage to contents" but contents broken, box crushed, but unopened?

We ship acrylic computer enclosures (insured) and nearly every time one is damaged, we file a claim that FedEx denies - most times they don't even inspect the package. Then, we call, ask to speak to a supervisor, send photos and the claim is approved. This has been going on for many years.... Read more »

Jason Kelly Smith
Jason Kelly Smith answered on May 14, 2020

Sounds like it could be a good candidate for the California Unfair Competition Law as being a course of practice that is unfair, unlawful and/or fraudulent. (See California Business and Professions Code sections 17200 et seq.) There might even be some recourse under state consumer protection laws.

1 Answer | Asked in Insurance Bad Faith for California on
Q: How to claim personal property loss properly?

My RV (motorhome) burned out. I already received $20000 from the insurance company for Motorhome repair costs.

My personal belongings, which cost more than $100,000, were insured for $90,000. I have huge list of property loss, but didn't send it to the insurer yet.

I do not... Read more »

William John Light
William John Light answered on Apr 28, 2020

Evidence that you had the means to acquire $100k in personal property.

If you don't have a job, that would be hard to explain. Evidence that you actually owned the property claimed: receipts, pictures, charred remains, etc. Insurers find that insureds suddenly have valuable...
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1 Answer | Asked in Insurance Bad Faith, Public Benefits and Social Security for California on
Q: I was paid short term disability but now ins. co. sys they made a mistake. Do I have to pay them back?
Neil Pedersen
Neil Pedersen answered on Apr 27, 2020

There is no way anyone here can answer that question without knowing far more. However the general rule is that the law does not usually allow someone to benefit from the mistake of another, and in most situations where a contract is concerned, money received by mistake needs to be paid back or a... Read more »

2 Answers | Asked in Appeals / Appellate Law, Contracts, Estate Planning and Insurance Bad Faith for California on
Q: Can I appeal the decision to transfer my structured settlement ?

I was scheduled to receive $75,000 at age 35 and $375,000 at age 45 through a structured settlement that was created after my father passed away. At age 22, about 10 years ago, I sold a portion of my structured settlement for a lump sum of money. I was about 22 at the time. The judge in San Diego... Read more »

John Francis Nicholson
John Francis Nicholson answered on Apr 24, 2020

Your description of your legal issues raises more questions than answers. In order to get an informed legal opinion from an attorney you need to retain an attorney for a consultation. Be thorough with your facts, and bring all relevant documents to the consultation, which will consume at least 1... Read more »

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2 Answers | Asked in Insurance Bad Faith for California on
Q: Tow truck driver damaged motorhome and I lost my job because it required me to live onsite in the motorhome.

Mr. Light I just wanted to thank you so much for your timely and informative responses. You suggested I go through my comprehensive insurance, but unfortunately the motorhome was not insured at that time. The tow truck drivers only response to the accident was "this happens all the... Read more »

William John Light
William John Light answered on Apr 5, 2020

Ask them for the name of their general liability insurer and policy number. Contact the insurer and inform it you want to make a claim. Support your claim with evidence: photos of the pothole, photos of the damage, estimates for repair or total loss, documents establishing your loss of wages.... Read more »

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: motorhome required to be my residence as campground mgr. was damaged due to tow truck drivers error while being towed.

Tow truck driver drove through a huge pothole in parking lot. Pothole could easily have been avoided. The underside of motorhome was ripped out, including the generator and plumbing. The motorhome could not serve as my residence due to the severe damage and I was unable to fulfill the... Read more »

William John Light
William John Light answered on Mar 13, 2020

It would be easier to make a claim with your own insurance and let it pursue the tow truck driver for whatever liability it could prove. If you don't have insurance, you can try to pursue the tow truck driver. If your damages are $10k or less, you can file in Small Claims and get a Judgment... Read more »

1 Answer | Asked in Insurance Bad Faith for California on
Q: How do I go about getting a court order to receive transcribed/taped phone conversations from my insurance company.

Concerning auto accident. Twice their agents told me they would defend me if I was sued as a result of an auto accident, and then their lawyers suddenly said they would not defend me. I would like a copy of those two conversations they recorded. They said I need a court order in order to release... Read more »

William John Light
William John Light answered on Mar 4, 2020

You will have to sue them and then serve a Demand for Production of Documents, specifying what it is you want them to produce to you. Contact a Bad Faith attorney to discuss.

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