Insurance Defense Questions & Answers by State
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Insurance Defense Questions & Answers
Q: What happens someone passes that has life insurance. But the beneficiary is incarcerated and won't sign the paperwork
Ellen Cronin Badeaux's answer
Nothing happens. If beneficiary does not want benefits, they are not disbursed.
Nothing happens. If beneficiary does not want benefits, they are not disbursed.
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: 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.
Q: My husband passed away and he had life insurance.Can child to get a part of incurance?
1 Answer
| Asked
in
Child Support, Family Law and Insurance Defense
for
Florida
on
Answered on Sep 16, 2018
Answered on Sep 16, 2018
Terrence H Thorgaard's answer
If the life insurance had the brother named as beneficiary, you and your daughter would not be entitled to the insurance proceeds. Your daughter's uncle has no duty to support her.
If the life insurance had the brother named as beneficiary, you and your daughter would not be entitled to the insurance proceeds. Your daughter's uncle has no duty to support her.
Q: Is my insurer required to hire outside counsel to defend me against a lawsuit?
Mark Oakley's answer
If you have liability insurance and the claim against you alleges you were negligent, then yes, they should provide and pay for a lawyer if you are sued.
If you have liability insurance and the claim against you alleges you were negligent, then yes, they should provide and pay for a lawyer if you are sued.
Q: My mom got her license suspended and fined for not having insurane but
1 Answer
| Asked
in
Insurance Bad Faith and Insurance Defense
for
Illinois
on
Answered on Sep 9, 2018
Answered on Sep 9, 2018
T. J. Jesky's answer
There is an old saying, "Nothing is Life is Fair." You answered your own question, i.e. your mother waited too long. Once the judge ruled to pay the fine, your mother needs to pay the fine. If you try to vacate the judge's order, it will cost you more than $700 in legal fees, and you will most likely not prevail.
There is an old saying, "Nothing is Life is Fair." You answered your own question, i.e. your mother waited too long. Once the judge ruled to pay the fine, your mother needs to pay the fine. If you try to vacate the judge's order, it will cost you more than $700 in legal fees, and you will most likely not prevail.
Q: Accident in NC, from PA. The accident was both parties fault. My 3 WEEK SUV totaled. Does insurance pay Taxes on new car
3 Answers
| Asked
in
Products Liability, Tax Law, Insurance Bad Faith and Insurance Defense
for
Pennsylvania
on
Answered on Sep 9, 2018
Answered on Sep 9, 2018
Elizabeth Tarasi's answer
Yes they should. Ask them to pay taxes and transfer associated charges. If the car was financed the lien holder will be paid directly.
Yes they should. Ask them to pay taxes and transfer associated charges. If the car was financed the lien holder will be paid directly.
Q: Can a mortgage company switch our insurance company without us knowing or signing for anything?
Terrence H Thorgaard's answer
Usually the mortgagee or its servicer can obtain insurance if the borrower has failed to submit proof of insurance; that may be what happened in this case. I suggest that you ask your insurance broker (Citizens) to look into it for you.
Usually the mortgagee or its servicer can obtain insurance if the borrower has failed to submit proof of insurance; that may be what happened in this case. I suggest that you ask your insurance broker (Citizens) to look into it for you.
Q: What if I was rear ended by a semi but didn't have insurance at the time, are they still responsible for my damages?
Keegan Kelley Harroz's answer
Yes, the driver is responsible for the damages because by law, not admittance, the driver was at fault.
Yes, the driver is responsible for the damages because by law, not admittance, the driver was at fault.
Q: Rear ended on the hwy in Florida totaled car/Insurance wants to pay 5dys rental/plus car.What are we owed?! It's 21days?
2 Answers
| Asked
in
Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense
for
Florida
on
Answered on Aug 21, 2018
Answered on Aug 21, 2018
Camille Brooks Ibrahim's answer
Feel free to contact our Miami Location at 305 405-5372 and ask for Sarah or Kathryn, I believe they can discuss potential further options for you.
Feel free to contact our Miami Location at 305 405-5372 and ask for Sarah or Kathryn, I believe they can discuss potential further options for you.
Q: I got rear ended the insurance took fault and are getting me a rental, can i make them pay the deposit?
1 Answer
| Asked
in
Civil Litigation, Insurance Bad Faith and Insurance Defense
for
California
on
Answered on Aug 20, 2018
Answered on Aug 20, 2018
William John Light's answer
Depends whose insurance is paying. If it's the other party's, usually it requires you to pay those expenses upfront and then reimburses you at the end. If it's your insurance, ask the adjuster. Unclear if the deposit gets refunded to you or is applied to your rental charges.
Depends whose insurance is paying. If it's the other party's, usually it requires you to pay those expenses upfront and then reimburses you at the end. If it's your insurance, ask the adjuster. Unclear if the deposit gets refunded to you or is applied to your rental charges.
Q: I got a seatbelt violation will this show up on my driving record for my insurance to see?
Ellen Cronin Badeaux's answer
Once upon that was true. Now a seat belt is considered a moving violation and WILL affect your insurance.
Once upon that was true. Now a seat belt is considered a moving violation and WILL affect your insurance.
Q: Me and my sister just found out my dad's house is in probate and we never received any paper work and there is no will.
1 Answer
| Asked
in
Family Law, Child Support, Insurance Defense and Probate
for
California
on
Answered on Aug 16, 2018
Answered on Aug 16, 2018
Richard Samuel Price's answer
It would make a difference as to what type of probate matter your step-mother filed. She could have filed a spousal property petition or petition for letters of administration or even some other type of probate action. You'll have to bring this case to an attorney to review your documents and determine what is needed.
It would make a difference as to what type of probate matter your step-mother filed. She could have filed a spousal property petition or petition for letters of administration or even some other type of probate action. You'll have to bring this case to an attorney to review your documents and determine what is needed.
Q: What will happen at court for a car accident with no insurance?
2 Answers
| Asked
in
Car Accidents, Insurance Bad Faith and Insurance Defense
for
California
on
Answered on Aug 15, 2018
Answered on Aug 15, 2018
Manuel Alzamora Juarez's answer
Not sufficient facts to answer your question. But, let's assume you were the cause of the accident. First, you stand to lose your driver's license if you do not present proof of insurance to the DMV. I you have money and property, then you may be liable for all the expenses to the injured person. If you were the injured person, then, you may only recover for economic damages and out of pocket damages but not for pain and suffering because the insurance lobby got the law passed that drivers...
Not sufficient facts to answer your question. But, let's assume you were the cause of the accident. First, you stand to lose your driver's license if you do not present proof of insurance to the DMV. I you have money and property, then you may be liable for all the expenses to the injured person. If you were the injured person, then, you may only recover for economic damages and out of pocket damages but not for pain and suffering because the insurance lobby got the law passed that drivers...
Q: independent contractor or subcontractor for workman’s comp
1 Answer
| Asked
in
Workers' Compensation, Construction Law and Insurance Defense
for
South Carolina
on
Answered on Aug 9, 2018
Answered on Aug 9, 2018
Ilene Stacey King's answer
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...
Q: Will he/his insurance company have grounds to sue? Should I be pursuing legal action?
1 Answer
| Asked
in
Insurance Bad Faith and Insurance Defense
for
Maryland
on
Answered on Aug 7, 2018
Answered on Aug 7, 2018
Yosef Kuperman's answer
It sounds like you were an excluded operator on your family's policy. That means your family's policy on the car will not cover you. If you had another policy, (i.e. you also own a car and that car has insurance) then it may under some circumstances provide coverage. But that sounds unlikely.
It's possible that he's suing you because he needs to as part of an uninsured motorist claim. Uninsured motorist coverage protects him against being hurt by an uninsured driver. If his carrier is...
It sounds like you were an excluded operator on your family's policy. That means your family's policy on the car will not cover you. If you had another policy, (i.e. you also own a car and that car has insurance) then it may under some circumstances provide coverage. But that sounds unlikely.
It's possible that he's suing you because he needs to as part of an uninsured motorist claim. Uninsured motorist coverage protects him against being hurt by an uninsured driver. If his carrier is...
Q: I have full coverage insurance and had an accident only involving my car,my insurance said they are not liable
2 Answers
| Asked
in
Car Accidents, Insurance Bad Faith, Insurance Defense and Personal Injury
for
Texas
on
Answered on Jul 27, 2018
Answered on Jul 27, 2018
Reid Adam Winthrop's answer
If you have liability only insurance, then you are likely not covered for any damage or harm to you or the passengers of your vehicle. You should review your policy to determine the coverages.
If you have liability only insurance, then you are likely not covered for any damage or harm to you or the passengers of your vehicle. You should review your policy to determine the coverages.
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