Insurance Defense Questions & Answers by State
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Insurance Defense Questions & Answers
Q: My outside air conditioning unit caught on fire & was put out by the fire department. No one knows what caused it.
1 Answer
| Asked
in
Products Liability, Insurance Bad Faith and Insurance Defense
for
Florida
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
Timur Akpinar's answer
If the manufacturer agrees to replace it, then it would seem there is no longer a loss for insurance to cover. If you choose the insurance company's payment, you have the deductible to consider. Insurance carriers will offset their payments, or choose not to issue payment, if a loss is already covered by another source. If you have reservations about the terms of the release, you could consult with a Florida attorney.
Tim Akpinar
If the manufacturer agrees to replace it, then it would seem there is no longer a loss for insurance to cover. If you choose the insurance company's payment, you have the deductible to consider. Insurance carriers will offset their payments, or choose not to issue payment, if a loss is already covered by another source. If you have reservations about the terms of the release, you could consult with a Florida attorney.
Tim Akpinar
Q: i put insurance the next day after getting pulled over without it and can it lower the charges
1 Answer
| Asked
in
Insurance Bad Faith and Insurance Defense
for
New Jersey
on
Answered on Feb 9, 2019
Answered on Feb 9, 2019
H. Scott Aalsberg Esq.'s answer
For a First Offense No Insurance charge, you face the loss of your license for one year, community service to be determined by the court and a fine between $300.00 and $1,000.00.
For a Second or Subsequent Offense you face a fine of up to $5,000.00 and imprisonment (jail) for 14 days and 30 days
community service plus 2 year loss of your drivers license
The period of license suspension may be reduced or eliminated if the person provides the court with satisfactory...
For a First Offense No Insurance charge, you face the loss of your license for one year, community service to be determined by the court and a fine between $300.00 and $1,000.00.
For a Second or Subsequent Offense you face a fine of up to $5,000.00 and imprisonment (jail) for 14 days and 30 days
community service plus 2 year loss of your drivers license
The period of license suspension may be reduced or eliminated if the person provides the court with satisfactory...
Q: i got a tickets for driving without insurance and what are the fines
2 Answers
| Asked
in
Insurance Bad Faith, Insurance Defense and Traffic Tickets
for
New Jersey
on
Answered on Feb 8, 2019
Answered on Feb 8, 2019
H. Scott Aalsberg Esq.'s answer
For a First Offense you face the loss of your license for one year, community service to be determined by the court and a fine between $300.00 and $1,000.00. I suggest setting up one of the free in office consultations that most of us lawyers offer and then hire one.
For a First Offense you face the loss of your license for one year, community service to be determined by the court and a fine between $300.00 and $1,000.00. I suggest setting up one of the free in office consultations that most of us lawyers offer and then hire one.
Q: Can an insurance company deny coverage if the driver was unauthorized?
2 Answers
| Asked
in
Insurance Bad Faith, Insurance Defense and Car Accidents
for
Massachusetts
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Peter Munsing's answer
Unless her son stole it he would be authorized. Its baloney. Suggest you provide estimates for repair, file a complaint with the insurance commissioner. Depending on the nature of the denial you may have claims under
Sec. 93 A of the MGL.
Unless her son stole it he would be authorized. Its baloney. Suggest you provide estimates for repair, file a complaint with the insurance commissioner. Depending on the nature of the denial you may have claims under
Sec. 93 A of the MGL.
Q: If an individual travereses on frozen water, do they do so at their own risk?
1 Answer
| Asked
in
Personal Injury, Civil Litigation, Insurance Defense and Municipal Law
for
New York
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter Munsing's answer
First, don't put you email up ---ask Justia to take it down.
I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.
I fyou are trying...
First, don't put you email up ---ask Justia to take it down.
I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.
I fyou are trying...
Q: Will the insurance company rebuild my home or just use the money to payoff a claim?
2 Answers
| Asked
in
Insurance Defense, Bankruptcy and Personal Injury
for
Texas
on
Answered on Feb 3, 2019
Answered on Feb 3, 2019
Rahlita D. Thornton's answer
You should consult an attorney who handles property damage casualty claims or bad faith claims by insurance companies. More facts need to be elicited. But, in general your insurance company has a duty to act in good faith on your behalf. A lot of times the insurance companies do not look out for their insured's interest first. Even if you do not hire an attorney ask the insurance company to keep you updated with any settlement negotiations with the other individual whom you may have a duty...
You should consult an attorney who handles property damage casualty claims or bad faith claims by insurance companies. More facts need to be elicited. But, in general your insurance company has a duty to act in good faith on your behalf. A lot of times the insurance companies do not look out for their insured's interest first. Even if you do not hire an attorney ask the insurance company to keep you updated with any settlement negotiations with the other individual whom you may have a duty...
Q: what rights do I have if insurance wants to stop paying me disablity. I have been disabled since 1999.
2 Answers
| Asked
in
Insurance Bad Faith, Insurance Defense and Elder Law
for
Maryland
on
Answered on Jan 31, 2019
Answered on Jan 31, 2019
Mark Oakley's answer
You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current condition which supports continued benefits under the standard for disability. There are lawyers who handle insurance claims, and you can also contact the Maryland Insurance Commissioner to file a...
You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current condition which supports continued benefits under the standard for disability. There are lawyers who handle insurance claims, and you can also contact the Maryland Insurance Commissioner to file a...
Q: My mom owned a cosmetology school. It was under a LLC. The business closed, and the students had to transfer....
1 Answer
| Asked
in
Business Law, Insurance Bad Faith and Insurance Defense
for
Maryland
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Arnab Kumar Banerjee's answer
i need some more information. what are the terms of indemnity agreement your mother signed ? are they hold her liable ? can you share me the indemnity contract ?
without knowing the exact terms i cannot give you any advice.
i need some more information. what are the terms of indemnity agreement your mother signed ? are they hold her liable ? can you share me the indemnity contract ?
without knowing the exact terms i cannot give you any advice.
Q: My daughter was rear ended. Other driver was charged. Their insurance is investigating whether to pay or not.
2 Answers
| Asked
in
Civil Litigation and Insurance Defense
for
Virginia
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Q: Term life ins policy owner/beneficiary, effect me if I choose to rent subsidized apartment housing, State of Virginia.
1 Answer
| Asked
in
Insurance Defense, Landlord - Tenant, Public Benefits and Social Security
for
Virginia
on
Answered on Jan 18, 2019
Answered on Jan 18, 2019
Q: I co-signed for my 21 year old daughter's car and she keeps missing payments. I am the main borrower on the loan.
Matthew Williams' answer
You don’t have to provide her with insurance but just not paying for it knowing she’s going to drive isn’t the best plan. First, it won’t get you off the hook for the loan. Second, it won’t cause the financing company to repossess the car. Third, if she wrecks without insurance, she could wind up so deep debt that she will never be able to be fully independent.
You don’t have to provide her with insurance but just not paying for it knowing she’s going to drive isn’t the best plan. First, it won’t get you off the hook for the loan. Second, it won’t cause the financing company to repossess the car. Third, if she wrecks without insurance, she could wind up so deep debt that she will never be able to be fully independent.
Q: How can I get a lawyer to assist with getting homeowner's insurance to respond after Irma damage and or management?
2 Answers
| Asked
in
Civil Rights, Insurance Defense, Probate and Public Benefits
for
Florida
on
Answered on Jan 7, 2019
Answered on Jan 7, 2019
Q: I received a notice of cancellation of insurance. Am I eligible for an extension if I’ve been hospitalized & unaware
Peter Munsing's answer
Save the envelopes! Many companies date the letters, but save the mail until they have enough for a cheap rate bulk mail. So it could have gone out days after the date on the letter. They are supposed to give you advance notice.
You want all records of your cancellation.
Notify them of this crash as your contention is the cancellation was improper.
Do not admit fault on the crash you were in.
Contact a member of the Ga.Trial Lawyers Assn--they give free consults.
Save the envelopes! Many companies date the letters, but save the mail until they have enough for a cheap rate bulk mail. So it could have gone out days after the date on the letter. They are supposed to give you advance notice.
You want all records of your cancellation.
Notify them of this crash as your contention is the cancellation was improper.
Do not admit fault on the crash you were in.
Contact a member of the Ga.Trial Lawyers Assn--they give free consults.
Q: I was involved in accident the guys insurance company is telling me I'm 20% at fault. He got a ticket for the accident.
3 Answers
| Asked
in
Car Accidents, Insurance Bad Faith and Insurance Defense
for
Tennessee
on
Answered on Dec 16, 2018
Answered on Dec 16, 2018
Peter Munsing's answer
This is why you need to contact a lawyer after a crash. This sounds like the usual insurance baloney where they try to say you are 10,20.30% at fault based on---well, it's an "accident" so it's no-one's fault (until they are trying to soak you for contribution).
1. I assume you've had your damages evaluated by someone you want to fix the vehicle. If not do so--most dealers will do it for free.
2. Contact a member of the Tenn. Assn for Justice who handles crashes--they give free...
This is why you need to contact a lawyer after a crash. This sounds like the usual insurance baloney where they try to say you are 10,20.30% at fault based on---well, it's an "accident" so it's no-one's fault (until they are trying to soak you for contribution).
1. I assume you've had your damages evaluated by someone you want to fix the vehicle. If not do so--most dealers will do it for free.
2. Contact a member of the Tenn. Assn for Justice who handles crashes--they give free...
Q: Are schedule injury benifits suspended from when i was arrested and incarcerated or when i was convicted ?
2 Answers
| Asked
in
Insurance Defense and Workers' Compensation
for
Texas
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
S. Michael Graham's answer
When you start missing time from work, so it would normally be from the date of incarceration.
When you start missing time from work, so it would normally be from the date of incarceration.
Q: Liberty mutual say they arent going to pay life insurance after my husband died
Timur Akpinar's answer
Based on the limited facts here, it’s difficult to say why they are taking that position. If you consulted with an attorney in Tennessee, they would probably be able to advise you more meaningfully. Bring a copy of the policy, the denial letter, and other supporting documents you feel could be relevant (for instance, cancelled checks that evidence payment of policy premiums, other correspondence, etc.).
Tim Akpinar
Based on the limited facts here, it’s difficult to say why they are taking that position. If you consulted with an attorney in Tennessee, they would probably be able to advise you more meaningfully. Bring a copy of the policy, the denial letter, and other supporting documents you feel could be relevant (for instance, cancelled checks that evidence payment of policy premiums, other correspondence, etc.).
Tim Akpinar
Q: I feel that my insurance company delayed paying my claim and now I am out of a vehicle.
1 Answer
| Asked
in
Car Accidents, Insurance Bad Faith and Insurance Defense
for
Wisconsin
on
Answered on Nov 22, 2018
Answered on Nov 22, 2018
Timur Akpinar's answer
The facts mention a repair estimate and cash value but don’t go into the actual figure received. An attorney in your state reviewing the file could ask for additional information.
Tim Akpinar
The facts mention a repair estimate and cash value but don’t go into the actual figure received. An attorney in your state reviewing the file could ask for additional information.
Tim Akpinar
Q: Am I legally required to have insurance on property if I didn't even know that I inherited it?
Gerald Barry Dorfman's answer
Unless there is a loan or mortgage on the property (or some other contract) which requires insurance, there is usually no legal requirement to have insurance. If a land owner does not have insurance, they are responsible for the risks associated with ownership. One such risk is the risk of being sued, even if they are not ultimately found at fault. If they are at fault for an injury, they will be responsible for all damages awarded to the injured party. It is not clear from the question...
Unless there is a loan or mortgage on the property (or some other contract) which requires insurance, there is usually no legal requirement to have insurance. If a land owner does not have insurance, they are responsible for the risks associated with ownership. One such risk is the risk of being sued, even if they are not ultimately found at fault. If they are at fault for an injury, they will be responsible for all damages awarded to the injured party. It is not clear from the question...
Q: I received a letter from a insurance company that said i owed $4,000 dollars in damages from a car that was a trade in
2 Answers
| Asked
in
Car Accidents, Contracts, Insurance Bad Faith and Insurance Defense
for
California
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
William John Light's answer
You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle. https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome
However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to do to prove that you do own it. I would question it in writing how it intends to prove your ownership of a vehicle that you sold in 2012. The plaintiff has the burden of proof, not you. I would give...
You should have filed a Notice of Transfer and Release of Liability with DMV when you traded in the vehicle. https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome
However, the question is not what you need to prove that you don't own the car, but what the insurer/plaintiff needs to do to prove that you do own it. I would question it in writing how it intends to prove your ownership of a vehicle that you sold in 2012. The plaintiff has the burden of proof, not you. I would give...
Q: Can I sue myself in Maryland for auto property damage liability? Details below.
1 Answer
| Asked
in
Contracts, Insurance Bad Faith and Insurance Defense
for
Maryland
on
Answered on Nov 8, 2018
Answered on Nov 8, 2018
Mark Oakley's answer
The language has to be in the policy. Demand that your insurance agent provide you with the exact provision that precludes your claim. In my experience, however, insured owners generally cannot recover for their own negligence under their policy, with collision coverage being the only insurance coverage offered to address that type of claim.
The language has to be in the policy. Demand that your insurance agent provide you with the exact provision that precludes your claim. In my experience, however, insured owners generally cannot recover for their own negligence under their policy, with collision coverage being the only insurance coverage offered to address that type of claim.
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