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California Insurance Bad Faith Questions & Answers
4 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: Can an insurance company ignore my request to settle a 998 offer? I am the defendant.

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

William John Light
William John Light
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

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4 Answers | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for California on
Q: Can an insurance company ignore my request to settle a 998 offer? I am the defendant.

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

James L. Arrasmith
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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

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for California on
Q: Had a total loss on my vehicle in 11/2023. It's been six months, no payment from Gap Insurance. What can I do?

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.

James L. Arrasmith
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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

1 Answer | Asked in Contracts, Civil Litigation, Insurance Bad Faith and Securities Law for California on
Q: What would a cause of action be if an ins co rescinded changes an owners POA made w/out serving Notice of Rescission 1st

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

James L. Arrasmith
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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

2 Answers | Asked in Insurance Bad Faith and Workers' Compensation for California on
Q: What grounds is it legal for a state insurance agency to prevent an injured worker from being evaluated to treatment?

I reported a psychological injury in February, and I still have not even been evaluated. My claims adjuster has been avoiding both my emails and phone calls. It is almost June.

James L. Arrasmith
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answered on May 21, 2024

Under California law, an insurance company is required to authorize medical treatment that is reasonably required to cure or relieve the injured worker from the effects of their work-related injury, and they must do so in a timely manner.

The claims administrator is required to authorize...
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2 Answers | Asked in Insurance Bad Faith for California on
Q: Can I sue Mercury Insurance for bad faith failure to cover loss and damages?

I have renters insurance. A portion of the ceiling fell in my living room. The sofa had water damage. I filed a claim but it got denied due to the fact I did not have an addendum to my renters insurance. When I got the insurance, no one mentioned addl insurance.

James L. Arrasmith
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answered on May 9, 2024

In California, insurance companies have a legal obligation to act in good faith and deal fairly with their policyholders. This means that they must handle claims properly, investigate them thoroughly, and pay valid claims in a timely manner.

If you believe that Mercury Insurance has acted...
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2 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: At fault accident.is my insurance responsible for any amount excessive of my 25k/50k policy ??

Basically we were at red light.its turned green I let the brake go and the car suddenly stopped.probly 1mph and barely vumbed into the.yook a picture only a scratch on car.no police came nor ambulance.they said we can just get it fixed and not involve insurance.they lied as they filed a claim.my... View More

James L. Arrasmith
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answered on May 3, 2024

In California, if you have an auto insurance policy with liability limits of $25,000 per person and $50,000 per accident (25k/50k), your insurance company is generally responsible for paying up to those limits for damages you cause to others in an accident.

If the damages exceed your policy...
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2 Answers | Asked in Insurance Bad Faith and Health Care Law for California on
Q: Whom do I seek help from when I have an insurance coverage problem with Kaiser, beyond Kaiser grievance and DMHC?

My teen daughter needed a long-term RTC. I informed Kaiser (K.) of her need for this level of care, though I did not specifically ask for it. (I did not know K. offered that level of care.) When my daughter's K. clinician walked her through our chosen RTC's website, the K. clinician... View More

James L. Arrasmith
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answered on Apr 9, 2024

In California, if you have exhausted the internal grievance process with Kaiser and the complaint process with the Department of Managed Health Care (DMHC), you have a few additional options to seek help for your insurance coverage problem:

1. Contact the California Department of Insurance...
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1 Answer | Asked in Products Liability, Civil Litigation and Insurance Bad Faith for California on
Q: Can atty file MTS, then demurrer to complaint, demurrer to 1st amend, demurrer and MTS to 2nd amended ?

Defendants failed to answer complaint for water damages to home-defective part; Defendant insurance adjuster emailed for 60 extension; plaintiff filed default after 58 days; court issued order plaintiff may be sanctioned for failure to file default; complaint filed over 100 days, Def atty filed to... View More

James L. Arrasmith
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answered on Mar 25, 2024

In California, an attorney can indeed file a motion to strike (MTS) and a demurrer to the original complaint, first amended complaint, and second amended complaint as you've described. This can be part of a defensive strategy to challenge the legal sufficiency of the plaintiff's case. If... View More

3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for California on
Q: Can an insurer my deny injury liability coverage on an active claim if my vehicle was not registered at the time?

I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 19, 2024

Your insurance policy terms and conditions should govern.

You want to read or have a lawyer read it to see what it says.

I assume insurance costs in Louisiana were lower, which is why many people do not register their cars in California.

If your policy does not address this...
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3 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for California on
Q: Can an insurer my deny injury liability coverage on an active claim if my vehicle was not registered at the time?

I said "I saw a green light for me.", before I turned left. He said "I saw a green light for me.", and went straight. To my best knowledge, there were no cameras and it's just my word and his. He is claiming personal injury. I claim nothing. My insurer wants me to sign an... View More

William John Light
William John Light
answered on Mar 19, 2024

Almost certainly not. A review of your policy terms would have to be completed to be definitive. Your insurer insured the car for the policy period. If the collision occurred during the policy period, the car should be covered. Registration, or failure to register, does not affect the risk to... View More

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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

William John Light
William John Light
answered on Mar 14, 2024

There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More

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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Hi, my storage unit was broken into. I discovered it June 2023. I notified the manager immediately. Then got the police

Report and a list of items missing, what they cost me new and gave them multiple examples of what these items are selling for new. I waited for a month and then when I went to the office to get an update, I was informed the manager was no longer there and they new nothing of the paperwork. They... View More

James L. Arrasmith
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answered on Mar 1, 2024

In California, when you're dealing with a situation where your storage unit was broken into and your attempts to claim insurance have been met with delays and miscommunications, it's important to know your rights and the appropriate steps to take. The insurance provided at the time of... View More

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2 Answers | Asked in Consumer Law, Contracts and Insurance Bad Faith for California on
Q: Hi, my storage unit was broken into. I discovered it June 2023. I notified the manager immediately. Then got the police

Report and a list of items missing, what they cost me new and gave them multiple examples of what these items are selling for new. I waited for a month and then when I went to the office to get an update, I was informed the manager was no longer there and they new nothing of the paperwork. They... View More

Leon Bayer
Leon Bayer
answered on Mar 2, 2024

You have an insurance policy. Does it cover losses from theft? If so, it's time for you to visit one or more lawyers who deal with insurance law, and find one who will sue the insurance carrier. When an insurance carrier fails to deal with you in good faith, you may be able to collect not only... View More

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1 Answer | Asked in Insurance Bad Faith and Landlord - Tenant for California on
Q: Hi, my apartment was recently damaged by a leak in our roof. My insurance is not covering the damages. Can it be covered

The adjuster I talked to said that the damage caused to our apartment building was due to "surface water" which is not covered in our policy. However, upon further research, some cases said that the build-up of rainwater from roofs or gutters is not considered surface water. Should I... View More

James L. Arrasmith
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answered on Feb 29, 2024

If your insurance adjuster has denied your claim based on the classification of the damage as "surface water," and you believe this interpretation conflicts with the specifics of your insurance policy or the actual circumstances of the damage, it may be beneficial to seek a second... View More

4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2024

As my colleagues correctly advise, a lawyer consult is worth considering here to identify best route of action. Unfortunately, carriers will generally issue policy denials in such scenarios nationwide, often denying no-fault PIP benefits on the grounds of being a workers' comp matter that... View More

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

James L. Arrasmith
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answered on Feb 20, 2024

Under California law, if your insurance company denies coverage for an accident that occurred while you were on a break from work, you might still have options to contest the denial. The distinction between being "at work" and "on a break" is crucial, as it can influence the... View More

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

James Otto Heiting
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James Otto Heiting
answered on Feb 19, 2024

Either you were working and your employer covers it; or you were not working and your personal insurance covers it. There may be some odd circumstances that interfere with that simple analysis; but that seems to be the common sense of your situation. Good luck.

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4 Answers | Asked in Car Accidents and Insurance Bad Faith for California on
Q: I had an accident my insurance denied my coverage because I was at work now I'm being sued is there anything I can do

I was at work and hit someone from behind after they cut me off and slammed on there brakes. I was on break when it happened and never made it back the insurance didn't cover it because they said I was working. I signed a paper stating I don't work with Uber or a ride sharing company but... View More

William John Light
William John Light
answered on Feb 20, 2024

Under Labor Code section 2802, your employer has to indemnify your expenses incurred while the course and scope of employment. Its insurer should be fixing your car. If you were driving for Uber or other ride share, you may not have been an employee, but an independent contractor. Whether that... View More

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