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Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Can you sue an insurance company if they refused to cover costs due to an unethical loophole?

About a year ago, a friend was living in Florida and she lent her truck to a friend. This friend allowed her boyfriend to drive the truck, who had been drinking (but still below the legal limit) and had no driver’s license. The guy got in a car accident and totaled the truck. The insurance... View More

Anthony M. Avery
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answered on Aug 5, 2024

There are no ethical rules for insurance. Read your insurance contract for the exclusions the co. relied upon.

Bad Faith suit is only an extra 25% and exposes you to a bad faith claim. A suit for breach of contract may be possible within the contract term SOL. A good lawyer would...
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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Public Benefits for Oregon on
Q: My disabled son's governmentally assigned insurance company is not covering doctor prescribed medicine -- without cause.

My son has many diagnoses. In his case notes it is documented that he can only take ODT tablets. He does not have the ability to swallow medication. But, these types of pharmaceuticals cost more. The government assigned insurance companies (out of the blue) deny him coverage (often) "JUST... View More

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

An Oregon attorney could advise best, but your question remains open for two weeks. Your frustration is understandable, given the clear medical necessity for ODTs.

To answer your question, you could find a lawyer through independent searches, the "Find a Lawyer" tab above, and...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Missouri on
Q: What can I do when a auto insurance company charges me more money for policy because of not at fault accident on record

The accident was not a moving violation the accident was my car was parked in front of my house and a tow truck back into it the tow trucks insurance paid for the damages so how can I insurance company charge me a higher premium I take my discounts away for being an unsafe driver when there was... View More

Tim Akpinar
Tim Akpinar
answered on Jul 31, 2024

A Missouri attorney could advise best, but your question remains open for a week.

Reach out to your carrier to discuss. You're correct - based on your description, that type of accident should not reflect upon your record as a safe driver. But some carriers count all accidents. You...
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1 Answer | Asked in Insurance Bad Faith for New York on
Q: My $3000 motorbike was stolen. Insurance suggests it was intentional. After hours of calls and many docs requested, shou

My $3000 electric motorbike was stolen two months ago, and there are security photos of the theft. The insurance company, suspicious due to the bike being taken out of storage two days before, implies the theft was intentional. After 5 hours of phone calls and now being asked for numerous... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2024

I'm sorry your motorbike was stolen. The answer to your question is an individual call. Your frustration is understandable. If you're thinking of bringing an attorney on board, you could start reaching out to law firms to try to arrange free consults to discuss their terms for assisting... View More

2 Answers | Asked in Collections and Insurance Bad Faith for California on
Q: Can an insurance co. threaten to send you to collections and to ding your credit when they made a mistake and overpaid?

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?

Tim Akpinar
Tim Akpinar
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

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2 Answers | Asked in Insurance Bad Faith for California on
Q: Can my insurance go against California Law if they are based in another state?

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

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Insurance Bad Faith, Consumer Law and Health Care Law for Indiana on
Q: Is an insurance such as Anthem (Silver Plan) that is provided through an employer required to pay for a mammogram?

I'm currently undergoing chemotherapy and have continued to work. Community North Anderson MD Cancer Center in Indianapolis is where I went for a second opinion and began treatment. They are taking every penny, and continue to do so even though my out of pocket has been met.

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2024

An Indiana attorney could advise best, but your question remains open for two weeks. A starting point could be to review the policy for any express provisions regarding mammograms. If they are not explicitly mentioned, your physician could be an ally there in terms of determining whether your... View More

1 Answer | Asked in Insurance Bad Faith for Kentucky on
Q: if you have been approved for long-term disability with your company, can they terminate your insurance for healthcare?

Long-term disability was approved and after almost 2 years they discontinued insurance with no notice. That discontinued for me and the family. The company has not told me why or how this happened. The insurance company does not know why or how. I keep getting a runaround with no insurance that is... View More

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2024

A Kentucky attorney could advise best, but your question remains open for a week. If you could demonstrate that the termination was tied to a reluctance to honor a disability claim, you might have elements of bad faith there. You'd need to demonstrate that the termination of coverage was... View More

1 Answer | Asked in Insurance Bad Faith for Alabama on
Q: Can insurance agent not have to notify clients when being sued?

My insurance dropped me after spending 30 years with them. The insurance agent did some questionable things before being dropped. First my son drove off with a gas nozzle still in tank the gas pump caught on fire. He ran in looking fir a fire extension not one available that worked. Then he put... View More

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2024

An Alabama attorney could advise best, but your question remains open for a week. Until you're able to discuss state-specific law with a local attorney, the short answer is that nationwide, carriers will almost always provide the policyholder with notice of a claim. Your question about suing -... View More

2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

A claim involving the destruction of a house should receive prompt attention, in terms of investigation, damages assessment, alternative living arrangements, and other elements. You could reach out to attorneys who handle property damage losses involving insurance. Gather and organize your file... View More

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2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Scott G. Wolfe Jr.
Scott G. Wolfe Jr.
answered on Jul 16, 2024

If you file your insurance claim, the insurance company has obligations -- mandated by the state -- to reply, and to be "on the clock" in processing your claim. Here are a few things to keep in mind.

First, you are dealing with a property insurance claim if this is related to...
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2 Answers | Asked in Insurance Defense, Personal Injury, Civil Litigation and Insurance Bad Faith for Florida on
Q: Could we be held financially liable if our adult son is on our insurance policy?

We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.

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1 Answer | Asked in Consumer Law, Small Claims, Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Roof co DENY busting pipe that flooded house AFTER incident was witnessed, acknowledged &flood repairs complete by insur

Roof company manager onsite when incident occurred. Told homeowner not to worry bcuz His roof company has insurance for incidents like this. Roofer threw shingle down into backyard that hit pipe attached to back of kitchen wall. Pipe bust from shingle resultin to house floodin. Roofer called... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. Final check should identify the claimant it is payable to - it sounds like you have more than one claim going on here, between water damage from pipe and roof damage from hail. Ask the carrier. In terms of a... View More

2 Answers | Asked in Insurance Bad Faith, Elder Law and Construction Law for California on
Q: Two wks ago, Our homeowners insurance denied our claim after our entire kitchen was torn out and gutted by contractors.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Insurance Bad Faith, Car Accidents and Personal Injury for Wisconsin on
Q: Been paying a stated value on my insurance of $20,000 for the past 7 years. In an accident on

May 29, 2024. Was totalled per adjuster. Won't pay the $20,000. Wants to pay around $6,000. " What the 2010 Avalanche is worth" per the insurance company. What do I do? I wracked up my left knee that I just had replace in 2/9/24. All I care about is getting my $20,000 for my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2024

A Wisconsin attorney could advise best, but your question remains open for two weeks. It sounds like an unfair outcome, but in stated value policies, there could be provisions for carrier to pay either stated value or ACV (actual cash value). One option is to review your policy with a Wisconsin... View More

1 Answer | Asked in Insurance Bad Faith for California on
Q: My policy has a Cash Value Rider, can insurance company force conversion to paid-up insurance non forfeiture option?

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

James L. Arrasmith
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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

1 Answer | Asked in Insurance Bad Faith and Collections for Texas on
Q: There was a garage fire that melted my HELLCAT back in Sept of 2023. He had dropped the coverage to liability 4 days bef

Before the fire. There was still several days left in the month where the premium was paid already. They refused to pay for my car to be repaired and everything . But they have sent the insurance premium to the collection agency and have stated that the policy wasn't cancelled till January.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

A Texas attorney could advise best, but your question remains open for three weeks. Your question presents things that need to be sorted out for an attorney to advise meaningfully. Who is "he," the person who dropped your coverage? Why weren't you the one in dialogue with the carrier... View More

1 Answer | Asked in Contracts and Insurance Bad Faith for Pennsylvania on
Q: Can insurance company deny claim if the claim isn't reported within the time contraints that were in the contract?

A tree fell on my house in April. It didn't look like a like a lot of damage. However 2 weeks later there is significant down pour and water is coming in through the roof. It is past the 14 days the incident actually happened, but because it didn't rain, you didn't know there was... View More

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. Yes, they can deny for not being placed on notice of the claim in a prompt manner. However you raise some valid points of your own, being the policy jacket and not being aware of the water incursion until the... View More

2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: I am in Texas--my wife was sideswiped --their insurance says she is 50% responsible. Our camera indicates he is at fault

We have liability only. Camera is hanging on loosely bc of sun--so it is swinging--but you can see by the stripes of the street she is stationary. They say she moved into lane and also say the camera shows she is stopped partially in the other lane--I think that's just the positioning of... View More

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2024

You may be able to do small claims, depending on the PD figure and the limit in Texas small claims. I hope your wife is okay. Since the claim does not appear to involve bodily injury, you could decide if the size of the property damage claim justifies having an expert look at the film to offer an... View More

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2 Answers | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: I am in Texas--my wife was sideswiped --their insurance says she is 50% responsible. Our camera indicates he is at fault

We have liability only. Camera is hanging on loosely bc of sun--so it is swinging--but you can see by the stripes of the street she is stationary. They say she moved into lane and also say the camera shows she is stopped partially in the other lane--I think that's just the positioning of... View More

John Michael Frick
John Michael Frick
answered on Jun 13, 2024

An insurance company does not make "rulings." Its position may be that your wife is 50% responsible, but that is not a "ruling." If the amount in controversy is less than $20,000, you can sue the other driver in small claims court to secure a court ruling allocating the... View More

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