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Insurance Defense Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Florida on
Q: My grandmother cashed out my grandfather's life insurance policy that I was the beneficiary of while he was still alive.

My grandfather had dementia and my grandmother took over all finances including taking money from a policy that was meant for me. Is that legal of her to have done that while he wasn't of sound mind?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2020

She may have had a durable power of attorney or have been appointed guardian. Ask the insurance company what documentation it has.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Insurance Defense for Michigan on
Q: So my grandfather passed away then 4 weeks later my grandmother pass before my grandfathers insurance came in!

My grandmother may pass before the check is deposited into her account how can my mom or uncles save it before it goes back to insurance

Thomas. R. Morris
Thomas. R. Morris answered on Apr 6, 2020

The question is not altogether clear to me, but it sounds like the insurance payment is property of your grandmother's estate, and that a probate case needs to be commenced in order to deal with the payment. An attorney with the whole picture will be able to guide you through the probate process,... Read more »

1 Answer | Asked in Insurance Defense for California on
Q: Am I liable to neighbors insurance co. from fire in my condo?

I got a letter from my neighbors insurance co recently saying, basically, "You owe us $6543 for damage you caused to our policyholder." First, they know no details about the fire but say I caused the damages. It was caused by a soundbar in my bedroom that caught on fire with no warning while I was... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

Unfortunately, there is no "quick fix" type of response here that would address your issue. Handling the matter would likely require an investigation (since none was conducted) to assess the level of damages. Left to run its own course, one possibility is that the carrier could ultimately place the... Read more »

1 Answer | Asked in Car Accidents, Gov & Administrative Law, Insurance Defense and Small Claims for Texas on
Q: Is it possible to sue Texas DPS for negligence ?

After failing a driving test, the DPS tester got out of the car, and instructed my daughter to drive around and park the car, while I was waiting in the designated area. While doing so, she hit another car. As a result my insurance premium got significantly higher. I am pretty sure that the tester... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

A Texas attorney could advise best here, but your questions remain open for four weeks. It looks like a case where the defense could possibly ask jurors to question why student driver's operation of motor vehicle was not supervised by licensed family member, if that was feasible. At this point, you... Read more »

1 Answer | Asked in Consumer Law, Car Accidents and Insurance Defense for Oklahoma on
Q: Does the insurance have to total a vehicle if the repair costs surpass the Total Loss Threshold? Asking in Oklahoma.

The Total Loss Threshold is 60% in Oklahoma, the repair costs are currently around $25,000, the vehicle's value is around $37,000-$39,000.

Would they legally have to total it since it is over 60%?

Tim Akpinar
Tim Akpinar answered on Apr 2, 2020

This is really a question for an Oklahoma attorney, but your post remains open for four weeks. As a general matter without regard to any state-specific considerations, this issue comes up regularly in total loss determinations. Different states may use different thresholds. But where provided for... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Clinic said they accepted my insurance, are billing me almost a year later. Insurance says they’re out of network.

I wouldn’t have gone if they hadn’t told me they accepted my insurance. Now I have a bill for $568. If they didn’t accept my insurance, why do I have records of my ‘co-pays’ of $40 and $20 (standard for my insurance)? Not only that, but I had to seek treatment elsewhere because they... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 2, 2020

First, get the explanation of benefits from your health insurance. Did the provider even send their bills to the health insurance at all? It sounds like they may be trying to "balance bill" you, which is illegal.

1 Answer | Asked in Civil Litigation, Environmental and Insurance Defense for Texas on
Q: Does a Fire Department have the right to use or "seize" personal equipment or resources in a emergency?
Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

They could, as a general rule based on the doctrine of necessity. But arrangements could also vary by region, community, or individual relationships. Sometimes, large property owners (such as on ranches, farms, etc.) even provide permission for resources, such as water, to be used. The arrangements... Read more »

1 Answer | Asked in Estate Planning, Insurance Bad Faith, Insurance Defense and Probate for Tennessee on
Q: Can my grandpa file a claim against my deceased grandma's estate for our insurance policies?

My grandmother owned life insurance policies on my grandpa and myself. We want to cash them out because they are horrible policies. They were supposed to transfer ownership to my grandpa but never did after we filled out the paperwork. Now they are saying we need all of my grandmother's heirs to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 1, 2020

You did not state this, but it sounds like your grandmother has passed and there are things still in her name, such as these life insurance policies. You should contact a probate attorney to help you with getting those assets retitled. The type of process that will be needed will depend on more... Read more »

1 Answer | Asked in Employment Law, Health Care Law, Insurance Bad Faith and Insurance Defense for Ohio on
Q: My employer changed health insurance companies and my old therapist is not covered. I have a bill for 3 months of visits

I’m in Ohio and my employer changed insurance companies effective the first of this year. Neither I nor my therapist realized that this change made her out of network as many of her patients have the same employer as I and I found her through my old insurance which was provided by the same... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 1, 2020

Your employer will not be liable to pay or waive the expense. It is your responsibility to ensure that your health care providers are covered under your employer's insurance plan. You can ask if your therapist or your insurance company is willing to work with you on payments.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Florida on
Q: According to Florida Statute 768.28 in a civil case against citizens insurance ( under FL CFO) are fees capped at 25%?

The insurance is state run so the state office under Florida s Chief Financial Officer has to approve any settlement the state was the only one offering property insurance for obtaining a mortgage in march 2010 there was no other option for insurance it became a negligence claim after they offered... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 31, 2020

768.28 imposes restrictions on tort claims (such as negligence) against State and local government entities. A claim against your own insurance company (that is, a first party claim) for breach of its insurance policy is a contract claim, rather than a tort claim. Without doing the research, my... Read more »

1 Answer | Asked in Car Accidents and Insurance Defense for Mississippi on
Q: I have to send proof of insurance to the state of Mississippi so my license dont get suspended. Who would I send that to
Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

The notice saying you need to send proof would say who it is. If your license is in Mississippi it would be to the department of driver licensing. Your state police should be able to tell you.

Good luck!

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Colorado on
Q: I need find a lawyer to discuss a contract signed with a roofing contractor related to a home insurance claim.
Donald C Eby
Donald C Eby answered on Mar 26, 2020

Call me 303-688-0944 or schedule online at www.robinsonandhenry.com/locations

Q: Settled, incident 3+yrs ago. Lawyer never contacts us & refused itemized. Over 2x more $ and now being told out of cntry

Personal insurance covered everything when stores should have, so they taking for every doc visit, which still happens frequently. Delays seem to be from our own lawyer at this point, we were told to sign months ago, without being able to see itemized receipt even though we asked for it. The... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 20, 2020

If lawyer is out of country and has access to email, that should still enable wrapping up paperwork for case. If you are able to establish email contact and carrier is willing to work with digital scans of releases, lien forms, and other related paperwork for closing out the case, that might be an... Read more »

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2 Answers | Asked in Banking, Business Law and Insurance Defense for Florida on
Q: work comp insurance thru a payroll company.

Hello I have a small business with a work comp insurance thru a payroll company. I had a injured worker and the payroll company was paying the injured working. Without telling me the payroll company started paying the injured work thru my bank account. The total they have taken out of my account... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 10, 2020

This may not be the advice you are seeking but I am giving it to anyway--because you really need it:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
Read more »

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3 Answers | Asked in Personal Injury and Insurance Defense for Illinois on
Q: When do I send out my demand letter?

I’ve spoken with the other party’s insurance adjuster haven’t signed anything or given a recorded statement. Just given him a few pieces of my medical records pertaining to this injury. I am still have ongoing medical treatment. I have no attorney I’m handling this insurance claim all by... Read more »

Steve McCann
Steve McCann answered on Mar 5, 2020

You generally send out demand letters once your treatment has been completed. That said, you are doing yourself an immense disservice by not having an attorney represent you, especially considering the severity of the injuries you described. You will never receive a fair offer unless you are... Read more »

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for North Carolina on
Q: How do I claim a life insurance fund from a person who recently passed. We were going to do it over the phone today

He passed last night and it was unexpected, so we didn’t have enough time to put me as a dependent

Tim Akpinar
Tim Akpinar answered on Feb 27, 2020

If anyone here is going to have insight into your situation, it's going to be lawyers in the Probate - Estate Planning sections here. You could contact one of the lawyers on this site, or seek someone independently through your own searches. It isn't insurance bad faith if a beneficiary is not... Read more »

2 Answers | Asked in Car Accidents and Insurance Defense for Florida on
Q: Can a person sue my insurance in a accident if no one was at fault
Josh Corriveau
Josh Corriveau answered on Feb 27, 2020

Yes. In some cases liability is disputed (i.e., how the accident happened). If the other driver claims the accident was your fault or you did not comply with the rules of the road, the other driver may sue for damages. In Florida, you may also be a percentage at fault. For instance, a jury may find... Read more »

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1 Answer | Asked in Insurance Defense and Traffic Tickets for Kentucky on
Q: If i got caught with no insurance and exp. tags and exp. driver license, and my car got impounded and I cant get it out?

The car was in car lot name still and they signed it over to sheriff dept, can o get it dismissed

Timothy Denison
Timothy Denison answered on Feb 27, 2020

You need to hire a criminal defense attorney immediately.

1 Answer | Asked in Insurance Defense and Estate Planning for Virginia on
Q: My husband was a beneficiary to an insurance policy for his mother. He passed away right before she did.

She was in Va. Who becomes the beneficiary now?

Nina Whitehurst
Nina Whitehurst answered on Feb 24, 2020

It depends on how the beneficiary designation in the life insurance policy was worded. If there is a contingent beneficiary, it would go to the contingent beneficiary. If there was no contingent beneficiary, then it might go to your husband's estate.

2 Answers | Asked in Car Accidents and Insurance Defense for Michigan on
Q: Can I be sued in Michigan for hitting a building, if it's my fault?

I hit a building and it's my fault (negligent in parking lot, no drugs or alcohol involved). Can my insurance company deny the building owner's claim? Can the building owner (or their insurance company) sue me for damages?

Brent T. Geers
Brent T. Geers answered on Feb 22, 2020

The answer is "yes" to both your questions. Although I'm not sure why the insurance company would deny a valid claim unless they were denying coverage for any number of reasons found in your contract with them. In which case the building owner could certainly sue you personally.

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