Insurance Defense Questions & Answers

Q: independent contractor or subcontractor for workman’s comp

1 Answer | Asked in Workers' Compensation, Construction Law and Insurance Defense for South Carolina on
Answered on Aug 9, 2018
Ilene Stacey King's answer
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...

Q: Will he/his insurance company have grounds to sue? Should I be pursuing legal action?

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Maryland on
Answered on Aug 7, 2018
Yosef Kuperman's answer
It sounds like you were an excluded operator on your family's policy. That means your family's policy on the car will not cover you. If you had another policy, (i.e. you also own a car and that car has insurance) then it may under some circumstances provide coverage. But that sounds unlikely.

It's possible that he's suing you because he needs to as part of an uninsured motorist claim. Uninsured motorist coverage protects him against being hurt by an uninsured driver. If his carrier is...

Q: I have full coverage insurance and had an accident only involving my car,my insurance said they are not liable

2 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Personal Injury for Texas on
Answered on Jul 27, 2018
Reid Adam Winthrop's answer
If you have liability only insurance, then you are likely not covered for any damage or harm to you or the passengers of your vehicle. You should review your policy to determine the coverages.

Q: How does an insurance company settle claims when their insured are both parties of an MVA? How do they "sue" themselves?

1 Answer | Asked in Car Accidents, Civil Litigation, Insurance Bad Faith and Insurance Defense for Washington on
Answered on Jul 26, 2018
Stan Glisson's answer
It's handled by different divisions within the company normally. Happens all the time, but I understand what you are saying; it looks like a clear conflict.

Then of course if her carrier pays some of her medical bills, it can require compensation from the other driver's insurer; yes, the same company.

If your friend isn't represented, she should talk to an attorney right away. Particularly in the one company scenario it is very easy for the injured person to get taken...

Q: Workers Comp case Nurse Wants To Go in with me to my appointed Doctor's Appointment. Is she allowed?

1 Answer | Asked in Workers' Compensation, Civil Rights, Insurance Bad Faith and Insurance Defense for Florida on
Answered on Jul 25, 2018
Anna Katherine Stone's answer
Workers' Comp can assign a Nurse Case Manager to your file. We refer to them as the NCM. The NCM can meet with your doctors with or without you present. However, as a matter of practice, I send a letter to the carrier and NCM (if one is assigned) advising them I represent the claimant and that the NCM may NOT attend any appointments with my client and their medical providers. I only allow the NCM to notify my clients of date/time/location of medical appointments. NCM are not your friends....

Q: What is the worst case scenario for a first time non insured accident that involved only the driver and our mailbox?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for South Carolina on
Answered on Jul 25, 2018
Peter Munsing's answer
First, he has in effect bought the car. Unless he wants to make a big deal in which case he can get the extra penalty.

Have it towed to a dealer or someone you would want to have fix it. Get an estimate. You'll have to pay so wait until you can pay.

Make your payments.

That's what CarMax cares about.

Thank goodness it wasn't someone elses' property.

If that happened on a highway he'd be sweating big time. Time to make friends with the bicyle until you...

Q: My daddy had General libality insurance million dollar policy for his company and died of multiple myeloma cancer

2 Answers | Asked in Business Law, Insurance Defense, Personal Injury and Wrongful Death for Georgia on
Answered on Jul 19, 2018
Robert W. Hughes Jr.'s answer
You probably need a personal injury lawyer or a lawyer specializing in insurance law.

Q: How can I get my money back from geico or domino's frenshise commercial insurance?

1 Answer | Asked in Employment Law, Workers' Compensation, Insurance Bad Faith and Insurance Defense for New Jersey on
Answered on Jul 15, 2018
Leonard R. Boyer's answer
You have no chance of winning unless you retain an experienced litigation attorney. It is that simple. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find...

Q: Insurance suspended license

1 Answer | Asked in Criminal Law and Insurance Defense for Tennessee on
Answered on Jul 10, 2018
Anthony Marvin Avery's answer
Paying the Citation (ticket) was an admission of guilt. You should have hired a competent attorney. Now you need another attorney to attempt to get the Department of Safety to allow you to drive in Tennessee.

Q: Can a person collect a payment from PIP if they only have guest PIP?

1 Answer | Asked in Insurance Defense and Personal Injury for Maryland on
Answered on Jul 6, 2018
Camille Brooks Ibrahim's answer
Yes PIP is only exhausted when the primary insurance of the driver doesn't have PIP

Q: What kind of attorney I need to sue Walmart for messing up my car?

1 Answer | Asked in Products Liability, Insurance Defense, Intellectual Property and Small Claims for Louisiana on
Answered on Jun 29, 2018
Peter Munsing's answer
If you have a receipt make several copies. Never give the original. Get an estimate from a mechanic as to what is needed to fix it.

Q: Is it legal for an insurance company to cancel the homeowners policy because our roof is nearing the end of its life?

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Jun 18, 2018
Anthony Marvin Avery's answer
Your question has nothing to do with real property. Besides the roof condition, you must read your Insurance Policy. That Contract will control your rights. In the mean time find another Carrier now. Non Insurance is a Default under your Deed of Trust. It is very doubtful that after you get another Insurer, you will have sufficient damages to justify a suit even if the Insurance Contract was breached.

Q: If i buy life insurance, then kill myself after 2 yrs or longer will they pay out the policy .

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Answered on Jun 15, 2018
William John Light's answer
It depends on the language of the policy. You would have to read it, or have an attorney read it. This is a very poor idea. Please reach out to a mental health counselor, your pastor/priest, and/or family members. Suicide causes immense pain for your loved ones.

https://suicidepreventionlifeline.org/

Q: In Massachusetts, do i have to be pressent if my insurance company wants to tow my totalled car from my driveway?

1 Answer | Asked in Car Accidents and Insurance Defense for Massachusetts on
Answered on May 31, 2018
Christopher Tolley's answer
I know of no law requiring you to be present but your insurance policy may require it, or your insurance company may ask you to be present so they are sure they have the correct vehicle.

Q: Who can I contact to help me with a denied car insurance claim? Someone hit me, and was clearly at fault.

2 Answers | Asked in Car Accidents and Insurance Defense for Pennsylvania on
Answered on May 29, 2018
Mark Scoblionko's answer
If you have collision coverage, you should contact your insurance company. If you do not, your only recourse would be to sue the other driver. Although you can handle this yourself in small claims court before a magistrate, you would be best advised to hire a lawyer. If it goes beyond a magistrate's level, you will have to hire a lawyer.

Q: I’ve been on disability for 14 yrs, throat cancer, receiving SS and suplimental insurance. Aetna is now calling.

1 Answer | Asked in Insurance Defense and Social Security for Florida on
Answered on May 24, 2018
Terrence H Thorgaard's answer
Require them to send you a letter containing their questions.

Q: Got arrested for suspended license never notified ried profusely to pay. And now I find out it's still affecting ins

1 Answer | Asked in Traffic Tickets and Insurance Defense for New York on
Answered on May 22, 2018
Zev Goldstein's answer
Your story got cut off. Try posting the relevant parts.

Q: Had a car accident yesterday. There were no physical injury. I am looking to sue the person that hit me.

1 Answer | Asked in Car Accidents and Insurance Defense for Texas on
Answered on May 10, 2018
Anwar Sadat Montgomery's answer
I would recommend searching for an attorney who handles "diminished value" property damage claims in El Paso. The bad part is that you may find it difficult to find an attorney who will take such a case on contingency (no-win no-fee), but there's no harm in reaching out to a couple of law firms for a free consultation.

Q: Got a ticket for not having insurance, court date May 15. I junked my car and don’t have insurance on it anymore.

1 Answer | Asked in Criminal Law, Traffic Tickets and Insurance Defense for Illinois on
Answered on May 9, 2018
Juan Ooink's answer
If you had insurance on the date and time you were ticketed, you need to appear in court and show that proof of insurance. If you did not have insurance on the date and time you were ticketed, you need to show proof that the car was junked and that you have insurance now on another vehicle. If this is your first offense and you did not have insurance on the car on the date and time you were ticketed, you will be eligible for Court Supervision.

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