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Oregon Insurance Bad Faith Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Oregon on
Q: My basement has had previous flood damage that was hidden from us and not found on inspection, do i have legal recourse?

My basement recently flooded from a sump pump that failed during a rain storm. After calling the insurance company and having them send ServPro out to assess the damage we discovered that there was previous flood damage and mold growing inside the walls. Insurance says they wont cover it because... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 10, 2021

An Oregon attorney could advise best, as obligations to disclose can differ according to state law. But your question remains open for two weeks. As as GENERAL premise of contract law, taking affirmative steps to hide a condition that was known could be bad faith (e.g. applying thick coatings in a... Read more »

3 Answers | Asked in Personal Injury and Insurance Bad Faith for Oregon on
Q: Can an insurer require you to be evaluated by their doctor when treatment is partway done?

Last summer I was rear ended while stopped by a big truck with a solid steel bumper while I was in my 2003 Hyundai. Over the next few months I developed back pain and stiffness, along with sciatica. I started seeing a chiropractor after filing a claim with my insurer (who told me this was... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 28, 2021

Yes, they can require this. If you review your policy I can guarantee you there is a clause that says you have to cooperate with your carrier, and that you must submit to what we call an IME. If they make you start going to a lot of them, then you might consider talking to an attorney to see at... Read more »

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for Oregon on
Q: Family member refused insurance medical services and medication, income limit guaranteed to be met. Need help saving him

Dr refusing treatment and medication due to a missed urine test and discriminated against due to assuming drugs have been involved with no criminal background or past experiences this man will die soon without help

Virgil Royer
Virgil Royer answered on Dec 18, 2020

Thank you for the question. I hope that this man will get help soon to prevent a death. It seems like there must be much more to the story raised in the question. Medical doctors swear to an oath to "Primum non nocere" (First, do no harm). First, it has to be established that the doctor... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Oregon on
Q: My insurance company was suppose to be settling my claim and today demanded my phone and text records going back 3months

Also my financial records going back 2 months. What the hell

Tim Akpinar
Tim Akpinar answered on Dec 2, 2020

An Oregon attorney could advise best, but your post remains open for three weeks. It's difficult to speculate what could have caused the insurance company's change in position without knowing additional details. Whatever the reason, something raised the suspicion of the claims examiner.... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Oregon on
Q: Medical insurance company is trying to retroactively deny coverage. What are my rights?

My wife was recently laid off and had some medical and dental work done before her coverage ended. The insurance companies processed and paid the claims, but now one of the insurance companies has demanded payment back from the dentist. The dentist office has never seen anything like this before,... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 19, 2020

An Oregon attorney could advise best, but your question remains open for two weeks. COBRA does have retroactive features - this is something that an employment attorney could probably explain better than attorneys who work only with general medical insurance claims and denials. You could either... Read more »

6 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 8, 2020

Because that is how it works until you settle with the insurer for the at-fault party. That insurer has no obligation to pay you anything until you settle or take them to court. This is why PIP exists, so you can get medical care and lost income while you wait to be able to settle with the other... Read more »

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1 Answer | Asked in Insurance Bad Faith and Landlord - Tenant for Oregon on
Q: My 93 yr old mother lives in a senior apartment. She has renters insurance. Who is responsible for accidental damage?

A sink overflowed during the night. We speculate that she got up in the night, got a drink, and turned the knobs up instead of off. She doesn't remember. Now the apartment is saying she is responsible for the damage. Her insurance is saying that they don't cover her liability to her... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 14, 2019

One possibility, if the apartment is willing, would be to look into whether their policy would cover the loss. They are likely to have a more comprehensive policy that covers a greater range of losses. However, choosing which route they would use to pursue recovery is something in their hands. Good... Read more »

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Oregon on
Q: My boyfriend who isn’t insured , was hit by a girl who is insured , what can happen to my boyfriend?

My boyfriend is worried because he isn’t insured and he’s scared that he’s going to get in trouble . He’s had a bad headache since then and he doesn’t have health insurance .

Jeff Merrick
Jeff Merrick answered on Nov 14, 2019

There are many things to tell someone who was in an collision caused by someone else.

He should contact an attorney. There are many steps to take right away to preserve and enhance rights. Yes, not having insurance may limit what he can recover from the other side.

Also, he...
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1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Need to take an insurance to small claims, they have agents in the county does this count as having a physical presence

An at fault party's insurance company has neglected to reimburse for car rentals, which they agreed to pay for, or provide any closure. Even with police report (which I had to provide at my own expense) and video evidence it took almost 2 months to accept liability. One month after having my... Read more »

Jeff Merrick
Jeff Merrick answered on Nov 15, 2018

If your question is whether your county has jurisdiction over the insurer, odds are it does.

If you can't find the insurer's proper address with the Secretary of State's business registry, try the State Insurance Division.

It might be worth buying an hour of a...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Oregon on
Q: Does insurance pay a total loss based on value of a car or the price paid? Do they require a bill of sale?

I purchased a unique 66 mustang from a private owner. Long story short 2 hours after the sale some older lady came out of nowhere & smashed both my cars which I paid in full (parked behind each other) to total loss status. No bill of sale was made in the process because Oregon does not require... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 12, 2017

They want proof of ownership. How you work that is up to you. However, the issue is what the value is.

Likewise on #2. Unless your policy has replacement value you don't get it in most states.

You can check with the insurance commissioner for your state as to what they can ask...
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