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Louisiana Insurance Defense Questions & Answers
2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Probate for Louisiana on
Q: can i contest beneficiary of life insurance in louisiana

3 policies purchased in the 70s

beneficiary was changed twice, lastly to my dads oldest son

they had a falling out about a year prior to his death

dad changed his will to exclude his son from getting anything

multiple people including non family members know of the... View More

Anthony M. Avery
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answered on Aug 22, 2023

You will need to check the exact insurance beneficiary designation. Only if it went to the decedent's estate would it go through his will. Usually the designated beneficiary gets the money and it does not go through the estate. A disinheritance in the will does not effect an insurance... View More

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1 Answer | Asked in Insurance Defense for Louisiana on
Q: Is "suspicious" phone calls enough to allow insurance company to go to trial with with an affirmative arson defense??
Tim Akpinar
Tim Akpinar
answered on Feb 22, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. If your claim is being denied on such grounds, it would depend on what the nature of the suspicious calls are. Characterizing a call as suspicious could be a subjective thing. If you have to litigate your case,... View More

1 Answer | Asked in Insurance Defense for Louisiana on
Q: I am awaiting a lump settlement from a company’s insurance carrier. Can I sue company after for the rest of damages?

Water damage resulted in mold and remediation and treatment that the company’s insurance doesn’t cover; so need to know if I can do a petition for damages against the company after settling with their insurer.

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. To receive the lump sum payment, chances are fairly good that the insurance company had you sign a release. If that was the case, the release would have served to let the company off the hook for all further... View More

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: My metal roof was damaged (color) by a cleaning business. The company has insurance that denied the claim.

Company owner sued his own insurance co and lost in a judgement. Where do I stand now? Do I sue his insurance also? Sue him personally? It’s been about 2.5 years

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

A Louisiana attorney could advise best, but your question remains open for three weeks. An attorney could advise more definitively with more information about the basis of the denial. One option might be to review the denial with a local attorney, and also learn of applicable statutes of... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: Blue Cross Blue Shield has been sending me someone else's mail for years. I told them to stop. Can I sue?

After years of dropping it in the slot marked "mail that's not yours," I finally called them to report it. I answered questions over the phone. They sent me a document, which I signed and returned stating I don't have any of the documents and haven't opened them. Also I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

A Louisiana attorney could advise best, but your question remains open for a week. It doesn't sound like a case, for practical purposes. What damages did you suffer? This is only an individual opinion. Different attorneys could see the same matter differently. You could reach out to local... View More

1 Answer | Asked in Insurance Defense for Louisiana on
Q: Do I have to pay a claim even though I wasn’t at fault he back out of a parking spot and hit me no insurance for me.

I recieved a letter in the mail from a collection agency saying I have to pay a claim of 5000 or to have my license suspended even though I wasn’t the one at fault I have pics it was on Walmart parking lot so the police wouldnt come out. The insurance company said they’re customer saying I hit... View More

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2023

A Louisiana attorney could advise best, but your question remains open for four weeks. You raise a valid point in your defense - you should discuss this further with your carrier, and/or a Louisiana attorney. Good luck

1 Answer | Asked in Insurance Defense for Louisiana on
Q: In 1999 did they have a insurance proof law
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 29, 2023

I believe so----I believe the requirement that you had to have proof of automobile liability insurance became law in 1995----although it's possible it was a few years earlier than that.

1 Answer | Asked in Insurance Defense for Louisiana on
Q: I have three insurance policies with Fireside Commercial Life Insurance out of Alexandria Louisiana.

I understand they have gone out of business. Can you give me any information on who now has the policies that I can contact?

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2022

A Louisiana attorney could advise best, but your question remains open for four weeks. If the carrier did not provide a call center or other resource for existing policyholders, you could contact the Louisiana Department of Insurance as a starting point. They usually keep track of the current... View More

1 Answer | Asked in Insurance Defense for Louisiana on
Q: Do I need a lawyer for getting denied Insurance because of Postpartum depression?

I have been denied Short-Term Disability, not a claim, just outright denied due to previously having postpartum depression. Is that allowed, should I appeal by myself or hire a lawyer?

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2022

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. Try to see if you could arrange a free initial consult with an attorney. Appeal of a disability denial could be a complex matter, depending on your medical file. If you could... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: I was in an accident (12/17) and my insurance won't cover it. What are my options?

I got into a wreck on the afternoon of 12/17. Fault wasn't determined at the scene, and no tickets were issued. I didn't immediately file a claim with my insurance due to stress and mental health issues (it was the 5-yr anniversary of my dad's death). I also needed to get a microSD... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 6, 2022

You should contact an accident/injury lawyer in your area to specifically discuss your matter-----most attorneys who receive calls and inquiries about this subject matter will provide a free/complimentary consultation.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Louisiana on
Q: If an insurance company totals totals my car because I have paint scratches can I just cancel my claim

I filed a claim for scratches the insurance company wants to total They are not giving me enough money to buy a new car And a salvage on my on my six-year-old car would leave me uninsurable

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2021

A Louisiana attorney could advise best, but your question remains open for three weeks. It could depend on their standard policies. The determination to total out is generally based on certain thresholds, where a carrier would not pay for repairs beyond replacement cost based on market value... View More

1 Answer | Asked in Insurance Defense for Louisiana on
Q: Law firms contacts about a car accident you were involved in. And ask for you to send a copy of your insurance policy?

I was the cause of a car accident just a finder bender. Gave him my insurance info. That was the 7th of this month. On the 24th I received a letter from a law firm asking for me to send a copy of my insurance policy and declaration of policy limits. And to inform my insurance company of this.... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 29, 2021

As far as I can tell, the lawyer has not done anything improper, however you do not have to comply with his request. Instead, I would inform your insurance company of your accident and forward a copy of the attorney's letter to your insurance and let your insurance company handle this from here.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Louisiana on
Q: Is it normal for an insurance company to ask for the death certificate of someone you share a name with?

My mom and aunt share a name and birthday, different years, she claims her insurance was canceled in 2018 because they thought she was my mom who died in 2016. Her insurance Risa asking for my moms death certificate to reinstate her . I assumed her ssn would be enough .

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 5, 2021

No, asking for death cert is normal.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I cant pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime....I need it to present to the judge.

Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

They should give you one. Hopefully, you are paying by check so the check is your receipt.

1 Answer | Asked in Traffic Tickets, Car Accidents, Collections and Insurance Defense for Louisiana on
Q: Can I get a restitution letter WHILE I'm paying for the damages to a collections agency setup by the insurance agency

I was uninsured during the accident and was at fault. I can pay the amount in full but it was sent to a collections. I want a letter saying it's been handled & I'm paying for it overtime

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 25, 2021

Pay it by check in full. Note on the check that it is payment in full and send it with a cover letter that you need a Release. Then get insurance.

1 Answer | Asked in Insurance Defense for Louisiana on
Q: 2 texas vehicles get in a wreck in louisiana and the NOT at fault one one had a lapse in insurance. Can they still recib
Robert Hallack
Robert Hallack
answered on Jul 10, 2019

Are you asking can the driver who was not at fault still recover? This depends on a few different factors, but the best route would be to consult with an experienced personal injury attorney.

1 Answer | Asked in Car Accidents and Insurance Defense for Louisiana on
Q: My daughter rear ended a person who says they stopped to allow a pedestrian to cross. Is this a violation of LA 64:32 ?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 22, 2019

Your daughter is going to be sued. Stiopping to let a pedestrian cross is not a violation of 32:64.

1 Answer | Asked in Products Liability, Insurance Defense, Intellectual Property and Small Claims for Louisiana on
Q: What kind of attorney I need to sue Walmart for messing up my car?

I went to get a oil change and the mechanic told me he changed my oil and it would last me three months. When I tried to go to work the next morning I couldn’t. I had to turn my car off all of the oil leaked out. I had to catch a Uber to work. When I got off I had my car towed to Walmart.They... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2018

If you have a receipt make several copies. Never give the original. Get an estimate from a mechanic as to what is needed to fix it.

1 Answer | Asked in Insurance Defense and Probate for Louisiana on
Q: whole life insurance my father purchase for me part of succession ? I name insured
Morgan Travis Allison
Morgan Travis Allison
answered on Sep 1, 2016

If you are the named beneficiary, the proceeds go directly to you. They are not part of the succession, though they do count towards the estate tax exemption.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for Louisiana on
Q: What if I was in an auto accident in Louisiana and my final bill or notice of cancellation was within ten days of the

accident when I could not afford to pay my premium is that insurance company still liable if I was in a not at fault accident

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

Check the policy and local lawyer to see if there was a grace period. A local lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for...
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