Ask a Question

Get free answers to your Insurance Bad Faith legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Louisiana Insurance Bad Faith Questions & Answers
1 Answer | Asked in Criminal Law and Insurance Bad Faith for Louisiana on
Q: How long does the insurance company have to settle my claim after my car was stolen and recovered?

My car was stolen on January 28th and recovered by police on feb 2nd. Someone had set it on fire. I am completely devastated and have been treated like a criminal by law enforcement from day one. I have corroborated with my insurance company giving them everything they have requested of me. I also... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 5, 2024

You are handling these matters by yourself ---in order to insulate yourself you at a minimum consult with a lawyer in your area to get a better idea of the procedure and process-----and if you so desire (and I do recommend), hire a alawyer to be your representative in this process. He can... View More

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Probate for Louisiana on
Q: can i contest beneficiary of life insurance in louisiana

3 policies purchased in the 70s

beneficiary was changed twice, lastly to my dads oldest son

they had a falling out about a year prior to his death

dad changed his will to exclude his son from getting anything

multiple people including non family members know of the... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 22, 2023

You will need to check the exact insurance beneficiary designation. Only if it went to the decedent's estate would it go through his will. Usually the designated beneficiary gets the money and it does not go through the estate. A disinheritance in the will does not effect an insurance... View More

View More Answers

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: Can your car insurance drop you after one incident?

I was with State Farm for 12 years, no incidents or claims. This summer I drove my husband’s truck to the beach, on the way the ac went out. My brother met us in Alabama for the weekend, he said he’d take the truck to have the ac fixed (I’d just gotten it out of the shop for 8 months waiting... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2023

Yes they can although it seems to me to be a bad business practice for State Farm. If State Farm is not doing what it should from an insurance (coverage) standpoint as it relates to any of the incidents you describe, then please contacgt a lawyer in your area and discuss your options. Good... View More

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: I have a criticl illness policy with UNUM, and on 2-8-2022 i was diagnosed with prostate cancer.my claim was denied

UNUM is saying cancer4 is not a critical illness,and prostate is

not a major organ. on my policy on page 5, and 21;22

say cancer is covered. And on UNUM website say

a critical illness policy cover cancer.

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. You could reach out to health care attorneys to try to set up a free initial consult to discuss your best options in terms of challenging the denial - litigation or other means,... View More

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: I had a kidney removed for cancer over 20 years ago. I was working at a plant and my insurance covered it.

I am getting a camp Lejeune settlement, but they are saying United Health has put a lien on me to recover money for the treatment. Is this legal

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. You may want to discuss this with the attorney handling your settlement - it isn't fully clear if they are the ones telling you that you have a lien for the surgery from 20 years ago. Good luck

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: My metal roof was damaged (color) by a cleaning business. The company has insurance that denied the claim.

Company owner sued his own insurance co and lost in a judgement. Where do I stand now? Do I sue his insurance also? Sue him personally? It’s been about 2.5 years

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

A Louisiana attorney could advise best, but your question remains open for three weeks. An attorney could advise more definitively with more information about the basis of the denial. One option might be to review the denial with a local attorney, and also learn of applicable statutes of... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: Blue Cross Blue Shield has been sending me someone else's mail for years. I told them to stop. Can I sue?

After years of dropping it in the slot marked "mail that's not yours," I finally called them to report it. I answered questions over the phone. They sent me a document, which I signed and returned stating I don't have any of the documents and haven't opened them. Also I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Louisiana attorney could advise best, but your question remains open for a week. It doesn't sound like a case, for practical purposes. What damages did you suffer? This is only an individual opinion. Different attorneys could see the same matter differently. You could reach out to local... View More

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: If the atfault driver claims he thins Mt headlights were off resulting in deny claim...must I prove my lights were on
Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 6, 2023

More information is needed, however if the insurance company is not cooperating with you (and most of the time they do not fully cooperate), then you need someone to fully protect your interests and that is ually an accident/injury lawyer. Use the Find a Lawyer tab and search for accident/injury... View More

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: My case is currently in Louisiana Eastern District Court. Us vs Homeowners Insurance for Hurricane claim damages

The insurance company says we had no damage. We of course have damage and have proven so in a 42+ page list of damages, etc from a qualified adjuster, etc. it is currently sitting in the LA E District Court. Both parties were given an order and “forced” to settle or mediate within 6 weeks from... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2022

A Louisiana attorney could advise best, but your question remains open for three weeks. It would be helpful to see the court's orders and accompanying papers. But as a general matter nationwide, if court-ordered mediation fails, a matter could move back on the trial calendar. Without seeing... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: I was in an accident (12/17) and my insurance won't cover it. What are my options?

I got into a wreck on the afternoon of 12/17. Fault wasn't determined at the scene, and no tickets were issued. I didn't immediately file a claim with my insurance due to stress and mental health issues (it was the 5-yr anniversary of my dad's death). I also needed to get a microSD... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 6, 2022

You should contact an accident/injury lawyer in your area to specifically discuss your matter-----most attorneys who receive calls and inquiries about this subject matter will provide a free/complimentary consultation.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Louisiana on
Q: What justifies needing a new foundation after a hurricane in Louisiana! The house is on piers and had an 2 inspections

Insurance company fighting to not pay when foundation is compromised

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2022

A Louisiana attorney could advise best, but your question remains open for three weeks. The dispute you describe sounds like it met an impasse between your assertion for a new foundation and the insurance carrier's position. One option may be to reach out to Louisiana attorneys to determine... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Louisiana on
Q: If an insurance company totals totals my car because I have paint scratches can I just cancel my claim

I filed a claim for scratches the insurance company wants to total They are not giving me enough money to buy a new car And a salvage on my on my six-year-old car would leave me uninsurable

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2021

A Louisiana attorney could advise best, but your question remains open for three weeks. It could depend on their standard policies. The determination to total out is generally based on certain thresholds, where a carrier would not pay for repairs beyond replacement cost based on market value... View More

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: BCBS Insurance exclusions for TMJ - denied the authorization for a surgery that is medically necessary - RS 22:1055

There is a document put out by BCBS Louisiana Policy #00583 that details when the surgery should be covered for TMJ due to medical necessity and BCBS is still denying it... what are my rights?

What can I do?

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2021

A Louisiana attorney could answer best, but your question remains open for three weeks. If the surgery pre-authorization you're talking about has provisions for appeal, you could discuss with your oral surgeon what an appeal would entail. At the very least, they would probably need to present... View More

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: With the revised statute 9:2800.17 does that also apply to hail damaged vehicles?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 12, 2021

That is a good question. I am inclined to say that unless you can show the the damage caused by the hail was due to the negligence of a 3rd party, then there is no recovery for diminution in value claim. Another way to look at this is that if you are making the claim against your own insurance... View More

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: Is there treble damages against insurance companies in the state of Louisiana if so what is the civil statue
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 6, 2021

I think more information is needed to properly answer this. That said, I would not say there are treble damages available, however, depending on the circumstances, an insurance company can be found liable for attorney's fees, penalties and interest for bad faith actions---two statutes which... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Louisiana on
Q: Is it normal for an insurance company to ask for the death certificate of someone you share a name with?

My mom and aunt share a name and birthday, different years, she claims her insurance was canceled in 2018 because they thought she was my mom who died in 2016. Her insurance Risa asking for my moms death certificate to reinstate her . I assumed her ssn would be enough .

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 5, 2021

No, asking for death cert is normal.

1 Answer | Asked in Criminal Law and Insurance Bad Faith for Louisiana on
Q: What constitutes burglary in Louisiana? Does there need to be evidence of forced entry to prove burglary?

I have been told that I have burglary coverage, but not theft coverage and that is why they cannot honor my claim. The "theft" occurred inside my locked door to my apartment bedroom. The representative told me because there is no proof of forced entry into my room it is therefore, theft... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 25, 2021

Burglary can be of a "dwelling" not a "room". But it does not require forced entry, only unauthorized entry.

1 Answer | Asked in Insurance Bad Faith for Louisiana on
Q: Can my home ins. company legally deny claim for roof damage from a hurricane by saying “we don’t cover wear & tear”?

3 roofers have said I need roof replaced. Two insurance company’s contract inspectors have told my roofer that it needs replacement but co still denies my claim.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 28, 2021

Get written estimates for roof replacement. Make sure that estimates state: "due to hurricane damage". Send certified letter, return receipt requested, or fax, with estimate to insurance company.

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Louisiana on
Q: In an hit and run when accused has left the scene of the crime who is responsible for the damage?

The person who hit my car gave fake information to the officers and had no insurance. They have no license either.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 4, 2019

That's what your UM insurance is for, unless it was a minor or using an insured driver's vehicle.

View More Answers

2 Answers | Asked in Personal Injury and Insurance Bad Faith for Louisiana on
Q: Just had my forma pauperis statis accepted on a suit for over 100000 do i ask for hearing to obtain evidence now

How do i file for trial

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jun 3, 2019

You should consult with an attorney to represent you.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.