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Insurance Defense Questions & Answers
1 Answer | Asked in Employment Law, Insurance Defense and Personal Injury for Texas on
Q: If I go back to work and get hurt again in my neck or back would I be able to sue for injury at the new job

I have had neck and back surgery and my attorney told me to go back to work in my field my field is construction

Tim Akpinar
Tim Akpinar answered on Oct 20, 2021

A Texas attorney could advise best, but your question remains open for two weeks. Based on your description, it does not look like a personal injury matter involving suing, but more likely a workers' comp claim. If the attorney you mention is handling your workers' comp claim, they would... Read more »

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Texas on
Q: Can we claim damage on a property that was sold if the claim was made prior to sale?

Our home in Texas had suffered roof damage due to hail. We opened a claim with insurance company. They delayed sending the check for repairs. Meanwhile the home got sold at a much reduced price. Insurance company later sent the check, but it had both ours and the mortgage company's names.... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 18, 2021

A Texas attorney could answer best, but your question remains open for three weeks. If you were represented by an attorney in the sale, they would be in the best position to advise. But as a general matter, you may have signed a release that reflects your acceptance of money damages for the... Read more »

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Traffic Tickets for Minnesota on
Q: How much is seen by insurances on speeding ticket? For example, are officer comments seen/looked at?

A few months back I was pulled over for speeding. The officer asked if I had been drinking and I told him that I had a few drinks earlier in the night. I performed some Field Sobriety Tests and was asked to use a breathalyzer. The breathalyzer showed a blood alcohol content of .079. Being that the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 17, 2021

The ticket is public information and the insurance company can certainly access it if they want to. The bigger question is whether the company will seek it out.

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2 Answers | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Legal Malpractice for California on
Q: how long does it usually take to handle a stolen vehicle claim?

my car was taken from home 60 days ago. august 15th. they have had my vehicle in their custody for 60 days while im paying cash daily for a car rental and they will not/have not returned my calls or emails since on or about 9/14. my insurance which is full coverage (making payments) is paid through... Read more »

Neil Anapol
Neil Anapol answered on Oct 14, 2021

It depends. If the insurance company accepts the claim, and there is no dispute about the value of the vehicle, a few weeks at most.

If the insurance company suspects fraud and asks for your examination under oath, it could take several months, and the insurance company might eventually...
Read more »

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1 Answer | Asked in Insurance Defense for Pennsylvania on
Q: I was given a traffic citation for not having my insurance in the car with even though the car was insured.

I was plead guilty at the court hearing today. My question is, do I have to pay the fines or file for an appeal? I don't know if it will show on my record. I have a driver's learner permit from Maryland but the incident happened here in Pennsylvania.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

If you had the proof you shouldn't have been penalized if you gave the proof within 5 days

g) Defenses.--

(1) No person shall be convicted of failing to produce proof of financial responsibility under this subchapter or section 3743 (relating to accidents involving damage to...
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1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Texas on
Q: Am I doing something illegal?

i just want to see if this something illegal I’m getting roped into? I have received check via email from a woman I was talking to online. On the checks, they have a Life Insurance company at the top of the checks. they are asking that I deposit them into my bank via mobile deposit, keep partial... Read more »

Leroy Scott
Leroy Scott answered on Oct 13, 2021

This is almost certainly a scam and very likely a crime. Life insurance companies don't send checks and ask you to return some of the funds.

3 Answers | Asked in Copyright, Business Formation and Insurance Defense for Oregon on
Q: Can I use a like image of PennyWise on my Tattoo Shops logo?

My company's name is INK Therapy, or "IT"

AND the slogan is,"Sit down and deal with IT"

I'm trying to find out if I can use PennyWise's image???

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 10, 2021

Basically no, as you would presumably infringe on someone's copyright and also likely a trademark.

I try to make it simple: If you are trying to make money off of someone else's work, there is likely a problem.

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1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for California on
Q: I have a question about The Carmack Amendment.

I looked at the information in the link you sent. Thank you for responding.

First, I searched for "diminished", then for "only" in order to locate anything that states that property is only the physical article that was damaged and nothing else that is commonly also... Read more »

Leon Bayer
Leon Bayer answered on Sep 29, 2021

The Carmack Amendment is a 1906 revision to the Interstate Commerce Act of 1877, which regulates the relationship between shipping companies and the owners of goods under shipment. The Carmack Amendment limits the liabilities of these shipping companies, known as carriers, to loss or damage of the... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Texas on
Q: My husband was in a at fault car accident. Due to clerical error on the insurance side.

They where trying draft auto pay from a different form of method than I had set up. The insurance on my vehicle then lapsed 2 days before the accident. I received a letter from the adjusters stating they where covering the cost of damage and could take it to any mechanic to be fixed. A few days... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 26, 2021

A Texas attorney could advise best, but your question remains open for two weeks and it sounds like time is of the essence in your response. I'm very sorry for your loss. A local attorney should advise on the specific operation of Texas law, but as a general rule in most jurisdictions,... Read more »

1 Answer | Asked in Insurance Defense for California on
Q: Insurance denied claim because driver was not listed on my policy, but they went ahead and paid for the other car's

damage and now 3 years later the insurance company is suing me for what they paid for other car's damage, am I responsible for this?

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Are you personally responsible for damage cause by an un-permitted driver of your car? Depends on what your policy says, but most likely yes. You should consult with a Personal Injury attorney near you and defend yourself against your own insurance company. Even if you are responsible you may be... Read more »

1 Answer | Asked in Contracts and Insurance Defense for Florida on
Q: I received a summons for a complaint for declaratory relief. I don’t know what it is or means

I don’t know if I should respond how I go about doing so, I also am wondering if this means they are suing me financially? This is from my car insurance company after they dropped me and paid nothing towards the accident.

Brennan R Block
Brennan R Block answered on Sep 21, 2021

Generally, a lawsuit filed for declaratory relief involves someone requesting for a court to enter a judgment that states the rights of parties to the lawsuit without ordering any specific action or awarding money to either party. In your circumstance, the insurance company is likely seeking a... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Texas on
Q: i got a reverse mortgage loan. the company said they would pay insurance , they haven’t done so and it expired

the contract says insurance and taxes need to be kept up I am really concerned

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

So you are right to be concerned.

If the agreement between you and the mortgage company requires them to pay for home insurance, then they are obligated to do so. If that is true your best move is to send the mortgage company a certified letter demanding that they provide coverage. If they...
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3 Answers | Asked in Estate Planning, Family Law, Health Care Law and Insurance Defense for Florida on
Q: My father recently passed away after a 3 weeks in the hospital. During that time, the hospital tried to get him approved
Nina Whitehurst
Nina Whitehurst answered on Sep 14, 2021

Approved for what? You should repost your inquiry with more information.

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1 Answer | Asked in Contracts, Personal Injury, Insurance Defense and Small Claims for California on
Q: If loaner company knew I had a nonowners insurance policy does that mean they are held liable for any damage done tocar

They didn’t offer additional coverage, knew I had nonowners & loaned a vehicle. Vehicle was damaged & nonowner policy won’t cover it saying they should’ve never let me drive away with it. Am I responsible for the damages to the car? Or are they because of negligent entrustment?

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Normally "negligent entrustment" is when someone entrusts property to a third person who then injures you. Claiming to be the incompetent person to whom the property was entrusted is an interesting legal theory but it may not fly in court. You don't say how the car was damaged.

1 Answer | Asked in Insurance Defense for Michigan on
Q: Hit by insurance less driver cartotaled Trying to sue but can’t find the lady now as it appears she moved. What do I do

My wife was hit from behind by an insurance less driver about 6 months ago. We decided to sue as my wives car was totaled. The person who hit us appears to have moved and after about 3 attempts to have her served we’ve had no luck. The total damages equal about 4K and we had to take out a loan... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 1, 2021

You need to talk with a civil attorney who deals with auto insurance. I'm not sure you have much recourse other than through "mini tort", which is limited to your deductible.

One other thing to keep in mind is that if this woman had no insurance and is now no where to be...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Georgia on
Q: Do I have to provide the defendant with my evidence when they’re served?

I filed a claim online against an insurance company, and provided evidence with my claim. The claim was accepted and now I’m seeking a process server to serve the register agent of this business.

My question is when I have the person served do I have to also provide them with the... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 27, 2021

Why don't you have a lawyer representing you? Is this a case of supposed no insurance by the at fault driver?

1 Answer | Asked in Insurance Bad Faith and Insurance Defense on
Q: My insurance company says my claim will proceed on a without prejudice basis What is the meaning of that statement.
Tim Akpinar
Tim Akpinar answered on Aug 26, 2021

If you have an attorney on the case representing you, this question should be posed to them. They would have the entire file, the court's paperwork, and based on that, could explain things in the most meaningful manner. As a GENERAL matter, and without knowing more details, the use of the... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for California on
Q: My insurance underwriter wants me to update wiring in a 120 yo home.

I bought a home in Pennsylvania recently, and there is some residual knob and tube wiring. My insurance underwriter did not do any inspection (due to covid), but is now threatening to drop coverage based on my disclosure.

I have had the home inspected multiple times, all of whom said that... Read more »

John Karas
John Karas answered on Aug 24, 2021

This is a question to pose to an insurance bad-faith attorney in Pennsylvania.

1 Answer | Asked in Insurance Defense for Alabama on
Q: Can I keep my vehicle after it is deemed a total loss and payed out by the insurance company?
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

That will be determined as part of your settlement. If you have not accepted a property settlement offer you can negotiate to keep the vehicle. They will likely reduce their offer by what they assess the salvage value of the vehicle to be.

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