Insurance Defense Questions & Answers by State
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Insurance Defense Questions & Answers
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.
2 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 ?
1 Answer
| 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 Insurance just totaled my vehicle, but I believe my car is worth more. What can I do?
1 Answer
| Asked
in
Car Accidents, Insurance Bad Faith and Insurance Defense
for
Texas
on
Answered on Dec 4, 2018
Answered on Dec 4, 2018
Rahlita D. Thornton's answer
If you believe that your vehicle is worth more then we would negotiate for the higher amount. We would do our own evaluation with your input. First, make sure that you have exhausted all options. We represent those who are injured and have for many years so if you have any more questions please give us a call at 888-343-4529 #1
888-343-4LAW #1
If you believe that your vehicle is worth more then we would negotiate for the higher amount. We would do our own evaluation with your input. First, make sure that you have exhausted all options. We represent those who are injured and have for many years so if you have any more questions please give us a call at 888-343-4529 #1
888-343-4LAW #1
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.
Q: Is it illegal for a 17 year old to hit someone younger than them in self defense?
2 Answers
| Asked
in
Foreclosure, Insurance Defense and Divorce
for
Nebraska
on
Answered on Nov 5, 2018
Answered on Nov 5, 2018
Julie Fowler's answer
Striking a child can be assault and/or child abuse. One affirmative defense to such charge can be self-defense, no matter the striker's age. The Court could take into consideration the actor and victim's age when deciding whether a crime occurred and whether there is an affirmative defense against being convicted of the crime.
Striking a child can be assault and/or child abuse. One affirmative defense to such charge can be self-defense, no matter the striker's age. The Court could take into consideration the actor and victim's age when deciding whether a crime occurred and whether there is an affirmative defense against being convicted of the crime.
Q: Recourse for roof damage repair/replacement on a "duplex", where the other owner apparently has no damage?
1 Answer
| Asked
in
Real Estate Law, Insurance Bad Faith and Insurance Defense
for
Colorado
on
Answered on Nov 2, 2018
Answered on Nov 2, 2018
John Kenneth Joyner's answer
You may be better off just having your dad's neighbor go straight to an attorney who specializes in first-party property insurance bad faith claims. That lawyer can get a better idea of the facts of the case and point them in the right direction. Often bad faith insurance litigation firms will work on contingency and give you a free consultation, meaning no money changes hands unless they win your case.
Good luck to you.
You may be better off just having your dad's neighbor go straight to an attorney who specializes in first-party property insurance bad faith claims. That lawyer can get a better idea of the facts of the case and point them in the right direction. Often bad faith insurance litigation firms will work on contingency and give you a free consultation, meaning no money changes hands unless they win your case.
Good luck to you.
Q: can agent be held responsible for writing up bad life policy
Mr. Kent Thomas Jones Esq.'s answer
That is the most ridiculous thing that I have ever heard of. You need to consult with local counsel immediately.
That is the most ridiculous thing that I have ever heard of. You need to consult with local counsel immediately.
Q: What legal body regulates the insurance industry? Is it state law or some federal entity?
Timur Akpinar's answer
The California Department of Insurance oversees the insurance industry in your state. It has counterparts in other states.
Tim Akpinar
The California Department of Insurance oversees the insurance industry in your state. It has counterparts in other states.
Tim Akpinar
Q: Can criminal Lawyers file a law suit?
2 Answers
| Asked
in
Criminal Law, Insurance Defense and Intellectual Property
for
Florida
on
Answered on Oct 27, 2018
Answered on Oct 27, 2018
Terrence H Thorgaard's answer
Sure. Attorneys licensed to practice law in Florida (or in any other state for that matter) are not limited to any particular area of law, such as criminal, civil, etc. Many however emphasize such a particular area of the law, but they are not prohibited from practicing in other areas.
Sure. Attorneys licensed to practice law in Florida (or in any other state for that matter) are not limited to any particular area of law, such as criminal, civil, etc. Many however emphasize such a particular area of the law, but they are not prohibited from practicing in other areas.
Q: My insurance company is refusing to defend me in a lawsuit. Are they allowed to do that?
Timur Akpinar's answer
I don’t practice in California, but your question hasn’t been picked up in four weeks. A fundamental reason for purchasing insurance is so that the carrier will defend you against claims by parties alleging that they have been harmed by you. A consultation with an attorney in your state should enable you to determine what your recourses are in this matter. Have the policy available so that the attorney could review it.
Tim Akpinar
I don’t practice in California, but your question hasn’t been picked up in four weeks. A fundamental reason for purchasing insurance is so that the carrier will defend you against claims by parties alleging that they have been harmed by you. A consultation with an attorney in your state should enable you to determine what your recourses are in this matter. Have the policy available so that the attorney could review it.
Tim Akpinar
Q: If the car that was searched is owned by a person who ain't there, and ain't allow the cop to search it, is that legal
1 Answer
| Asked
in
Car Accidents, Insurance Defense and Libel & Slander
for
Louisiana
on
Answered on Oct 4, 2018
Answered on Oct 4, 2018
Ellen Cronin Badeaux's answer
The owner can argue she is not in possession of anything found and the driver can argue he's not in possession of anything found. It'd a he said, she said. It will come down to credibility and circumstances: where in the car, hidden or in plain sight, etc. Both can be charged. But search will probably be adjudged legal. Both owner and driver need separate counsel.
The owner can argue she is not in possession of anything found and the driver can argue he's not in possession of anything found. It'd a he said, she said. It will come down to credibility and circumstances: where in the car, hidden or in plain sight, etc. Both can be charged. But search will probably be adjudged legal. Both owner and driver need separate counsel.
Q: Water Damage
Joseph D. Allen's answer
At this point, you should simply notify (in writing) the Condo Association and/or the contractor that you are unsatisfied with the work. If you do not get a reasonable response (reasonably promptly), you might then want to speak with an attorney about the facts and if you have a viable claim, and against whom. It is also possible your insurance would compensate you, and help deal with the responsible parties- but you should make a claim fairly quickly.
At this point, you should simply notify (in writing) the Condo Association and/or the contractor that you are unsatisfied with the work. If you do not get a reasonable response (reasonably promptly), you might then want to speak with an attorney about the facts and if you have a viable claim, and against whom. It is also possible your insurance would compensate you, and help deal with the responsible parties- but you should make a claim fairly quickly.
Q: Was involved in a small boat accident -- will my homeowner's cover it?
T. J. Jesky's answer
Homeowner’s insurance might provide insurance coverage for these injuries. However, not all boat owners have boating insurance coverage through their homeowner’s policy. Your might or might not be able to file a claim against your own homeowner’s insurance for this type of injury. The next question, was whether or not negligence was the cause of the accident.
This is to easy, call your homeowner's insurance agent, and ask if this is covered by your policy.
Homeowner’s insurance might provide insurance coverage for these injuries. However, not all boat owners have boating insurance coverage through their homeowner’s policy. Your might or might not be able to file a claim against your own homeowner’s insurance for this type of injury. The next question, was whether or not negligence was the cause of the accident.
This is to easy, call your homeowner's insurance agent, and ask if this is covered by your policy.
Q: Why weren't there a crash investor called after my crash on September 8, 2018.. only a police officer arrived.
1 Answer
| Asked
in
Personal Injury, Car Accidents and Insurance Defense
for
Indiana
on
Answered on Sep 17, 2018
Answered on Sep 17, 2018
Charles Candiano's answer
Indiana only requires that a formal accident reconstruction be prepared after fatal accidents. If someone died or suffered obviously life-threatening injuries, they would have taken the necessary measurements and photographs of the vehicles, gouge marks, and any other memorialization of the accident, in addition to what was reported by surviving drivers and bystanders.
Indiana only requires that a formal accident reconstruction be prepared after fatal accidents. If someone died or suffered obviously life-threatening injuries, they would have taken the necessary measurements and photographs of the vehicles, gouge marks, and any other memorialization of the accident, in addition to what was reported by surviving drivers and bystanders.
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