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Insurance Defense Questions & Answers
2 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Civil Litigation for California on
Q: California Seatbelt defense falsely being claimed by defense counsel

Filed in pro per civil unlimited against negligent driver that rear ended me and was cited for speeding at scene of accident. Went to hospital and have been treating for spinal injury. Defense counsel for Kemper responded to suit by claiming plaintiff, (myself) not wearing seatbelt. However, I was,... Read more »

William John Light
William John Light
answered on Oct 2, 2022

Defendants get to assert defenses. They have to prove them by a preponderance of the evidence. You are entitled to dispute the defenses. That happens at trial by testimony or other evidence. Since there has been no trial, you have no right to prevent the Defendants from claiming this defense.

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1 Answer | Asked in Employment Law, Insurance Bad Faith and Insurance Defense for North Carolina on
Q: Can an employee insurance refuse to pay the beneficiary who is her granddaughter because the employee was not married?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. An attorney is likely going to want to see more details about the policy. If you could arrange a brief initial consult, an attorney might be able to outline the best options here, such as litigation or... Read more »

1 Answer | Asked in Insurance Defense for South Carolina on
Q: Are you allowed to use an inactive homeowners insurance, I was told that you can up to 3 years.
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. It's difficult to say what the terms of your specific policy are. But as a general rule, it is advisable to maintain active insurance for the home for the term you seek protection. It would be best to... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Colorado on
Q: Which HOA is responsible for repairs?

I had a sizable condo fire, and it was determined that it was the HOAs insurance policy that should make the repairs (not due to fault but bylaws- both parties agree). Suddenly, my HOA changed ownership a few weeks after the fire to a new company. Now the old HOA is saying that it is no longer... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 26, 2022

Sorry to give generic information but you should look into an attorney to sort everything out.

In addition, it may be worth taking the time to dig through your home owners documents for the insurance declaration and trying to make a claim directly with the insurance companies. If...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My storage was burglarized Sunday. I immediately reported to P.D. and Management. I pay insurance yet they have no info?

My unit was broken into Sunday morning as this was viewed on their security camera footage following day. I immediately reported to P.D. and Management of storage and waited for someone to show Sunday when I was locked in overnight with no emergency number to call to get out. After explaining this... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 23, 2022

Demand that management give you the insurance company information. If not, you can sue and discovery that information during "discovery."

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Insurance denied are claim
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

If you believe the denial was wrongful or in "bad faith," which it appears you do given your question on this site, speak with an insurance litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for California on
Q: Do I have to take my transcripts of my insurance company talking bout an accident small claims court?

I was wondering if I had to provide the arbitrator with the transcripts of the phone call I had with my insurance company about the accident? The guy tried suing me and when that wasn't working out he decided to take things to small claims.

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2022

A California attorney could advise best, but your question remains open for two weeks. It could depend on the court. If you're in small claims, it suggests there are probably no injuries. If it will take time to order and retrieve the transcripts, it could be up to the court. In general... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for California on
Q: Gf is being sued. Can we lose our home if she loses? Home is under both our names.

Gf was in an accident(at fault) with 2 other vehicles. (25k/50k policy) First vehicle took the settlment. Second vehicle owner is suing for 250k. She makes about 35k a year and no savings. Can we lose our home that is under both our names. 250k mortgage, valued at 390k? Is it protected under... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

It depends on how you own the property, as joint tenants or as a tenancy in common. If you are joint tenants, then a judgment creditor cannot likely place a lien on your home. The homestead exception applies only if the judgment debtor files for bankruptcy protection, in which case the home she... Read more »

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1 Answer | Asked in Workers' Compensation, Health Care Law and Insurance Defense for Texas on
Q: If I return to full duty at work, is the responsibility of the insurance carrier over?

I injured my right knee during a slip and fall at work. The injuries are a complete tear of the ACL, partial tear of the MCL and buckling of the PCL. I have arthritis in me knee and the only surgery that me doctor will do is a complete knee replacement. The Worker’s Comp insurance carrier said... Read more »

S. Michael Graham
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S. Michael Graham
answered on Sep 15, 2022

It is very difficult to prove a total keen replacement is due to your work related injury. You will need an expert medical opinion to state all the conditions for which you need the total knee replacement are a result of the work injury within a reasonable medical probability. If you prove this,... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: How am I supposed to respond to a car crash complaint filed against me with interrogatories when I have insurance?

A complaint from a person in a car crash was filed against me with many interrogatories and questions for me to answer, and they asked that I respond to them. However, my insurance claims representative told me to not worry about anything and that they will handle everything and ask me for help if... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 4, 2022

It seems that you are being sued by the other person involved in the auto accident. In that case, your car insurance will represent you by hiring an attorney, if they haven't done so already. The attorney should reach out to you to discuss the accident, so they know how to answer the complaint... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for California on
Q: What are my options if my auto insurance claim was denied without a thorough investigation?

I was in a car accident where a lady backed out of her driveway into me as I was driving by, so her bumper dragged across my entire passenger side and took off my mirror. I called my insurance agent, who told me I was to reach out to the other party's insurance, so I did, and waited till after... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Aug 26, 2022

contact a local PI lawyer................you were the victim.

any wits?

prepare a summary before you meet with the lawyer and bring pix

1 Answer | Asked in Car Accidents, Insurance Defense and Traffic Tickets for South Dakota on
Q: If I got into a car accident that wasn’t my fault and got a no insurance ticket, but now have my own car with insurance

I only got a no insurance ticket for my parents car, but now have my own car with insurance. No other tickets were given to me. What should I do?

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2022

A South Dakota attorney could advise best, but your question remains for two weeks. In terms of your question on what you should do, there are a number of issues to sort out here. I hope no one was injured here, but if you were, reach out to attorneys to discuss your options there. Without... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: Am I entitled to reimbursement if I had to purchase out of pocket to a medical supply company that is not in my network?

Because of a nation wide shortage of said medical device, I was forced to find this device on my own that was not within my Insurance network. If device wasn't obtained, I would have been placed out of work until device was obtained.

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2022

A California attorney could advise best, but your question remains open for two weeks. Going strictly by the terms of the policy, it's possible you might not be entitled to reimbursement. No one here could know for certain. But these types of situations SOMETIMES have room for discretion on... Read more »

1 Answer | Asked in Insurance Defense on
Q: How can I protect myself from insurance issues if I’m an uninsured service provider? I want to do oil changes.

I cannot afford to pay into insurance and I only want to do this oil change service temporarily. I have the skills and knowledge to perform these duties.. but just don’t have the insurance if there was- say a mechanical issue to someone’s vehicle as a result of the oil change. Is there a... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2022

Your question could involve state-specific elements of consumer protection laws. But as a general matter for any jurisdiction nationwide, it could be difficult to offer meaningful suggestions that would serve as alternatives to insurance. Unfortunately, the very point you raise as a possible... Read more »

1 Answer | Asked in Insurance Defense for Texas on
Q: I live in Texas which is a Constitutional carry state. Should I get LTC insurance to protect myself
Arturo C. Aguilar
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Arturo C. Aguilar PRO label
answered on Aug 20, 2022

If you have a large number of assets, yes. Because using your weapon can always implicate liability, say, were you to allegedly get sued for using lethal force when unnecessary, it can cover your attorney's costs.

The information contained in this website is provided for informational...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: My homeowners Insurance company whom we’ve been with for 30 years recently sent us a cancellation letter due to 4 claims

Our first claim was due to under ground pipe burst. We had to move out of our home for 6 weeks. During that time our house was vandalised once and broken into 2. We would like to remain with our insurance company instead of being cancelled.

Bennett James Wills
Bennett James Wills
answered on Jul 20, 2022

Check the terms of your policy. That will tell you whether they can cancel. It may be time to find another company.

1 Answer | Asked in Family Law, Civil Rights and Insurance Defense for California on
Q: Put it this way then I need my little brother home cause I'm kinda slow not only that I have seizers
Tim Akpinar
Tim Akpinar
answered on Jul 3, 2022

A California attorney could advise best, but your question remains open for two weeks. It sounds like you might be asking about the possibility of a family member being your caregiver. If that's the case, one option is to reach out to homecare companies to learn more. Also, there are probably... Read more »

1 Answer | Asked in Insurance Defense for Georgia on
Q: Yes, I got pulled over & arrested for no insurance and was wondering how to go about the situation in court & what to do
Tim Akpinar
Tim Akpinar
answered on May 22, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Reach out to Georgia criminal defense attorneys to discuss the arrest. That's the most pressing issue. Once that is addressed, you could figure out why the insurance lapsed - glitch in auto payment, lost bill,... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Missouri on
Q: If my landlord has replacement insurance and the house catches fire are my belongings covered if they are in the house?

I also had a motorcycle in the yard that burnt up.as well as all my tools.

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on May 2, 2022

Without seeing the policy, one can only guess what it covers. My hunch is that the landlord’s policy won’t cover a tenant’s belongings but that merely a guess.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Illinois on
Q: My 16yr old received a no insurance ticket in a vehicle that is not his. will he lose his license over this. Illinois

I presented my insurance card to the States Attorney office's and that is when i found out my insurance has lapsed. Now he is the one introuble. I have since then insured my vehicle thru a different company. What are we looking at

Theodore J. Harvatin
PREMIUM
Theodore J. Harvatin
answered on May 2, 2022

Go to court with him along with proof you have insurance now. They will give you court supervision (protecting the license), although they will require him to carry SR 22 for a period of time.

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