Maryland Insurance Bad Faith Questions & Answers
Q: what rights do I have if insurance wants to stop paying me disablity. I have been disabled since 1999.
2 Answers
| Asked
in
Insurance Bad Faith, Insurance Defense and Elder Law
for
Maryland
on
Answered on Jan 31, 2019
Answered on Jan 31, 2019
Mark Oakley's answer
You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current condition which supports continued benefits under the standard for disability. There are lawyers who handle insurance claims, and you can also contact the Maryland Insurance Commissioner to file a...
You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current condition which supports continued benefits under the standard for disability. There are lawyers who handle insurance claims, and you can also contact the Maryland Insurance Commissioner to file a...
Q: My mom owned a cosmetology school. It was under a LLC. The business closed, and the students had to transfer....
1 Answer
| Asked
in
Business Law, Insurance Bad Faith and Insurance Defense
for
Maryland
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Arnab Kumar Banerjee's answer
i need some more information. what are the terms of indemnity agreement your mother signed ? are they hold her liable ? can you share me the indemnity contract ?
without knowing the exact terms i cannot give you any advice.
i need some more information. what are the terms of indemnity agreement your mother signed ? are they hold her liable ? can you share me the indemnity contract ?
without knowing the exact terms i cannot give you any advice.
Q: What should I do if an insurance company ignores my requests for more information on my claim?
Yosef Kuperman's answer
File a complaint with the Maryland Insurance Administration. If you go through their online complaint process, you get more information. (They probably won't actually do anything. But they'll get you straight answers.)
File a complaint with the Maryland Insurance Administration. If you go through their online complaint process, you get more information. (They probably won't actually do anything. But they'll get you straight answers.)
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: How do I file a bad faith claim against an insurance company?
Timothy Fizer's answer
There are different bases for bad faith, whether first party or third party. There also are two different approaches. One is under Title 27 of the Insurance Code - Unfair Trade Practices and Other Prohibited Practices. The other is under § 3-1701 of the Courts & Judicial Proceedings Article, titled "Actions Against Insurance Providers to Determine Coverage." If you have a significant amount involved, it would serve you best to hire counsel to assist in addressing this properly.
There are different bases for bad faith, whether first party or third party. There also are two different approaches. One is under Title 27 of the Insurance Code - Unfair Trade Practices and Other Prohibited Practices. The other is under § 3-1701 of the Courts & Judicial Proceedings Article, titled "Actions Against Insurance Providers to Determine Coverage." If you have a significant amount involved, it would serve you best to hire counsel to assist in addressing this properly.
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: Can a person collect a payment from PIP if they only have guest PIP?
Camille Brooks Ibrahim's answer
Yes PIP is only exhausted when the primary insurance of the driver doesn't have PIP
Yes PIP is only exhausted when the primary insurance of the driver doesn't have PIP
Q: We feel we weren't given enough money based on the policy limits for our claim - what's the next step?
Mark Oakley's answer
Who’s policy limits, yours or the at-fault party’s? So long as you have not settled with and released the at-fault party from the claim, you can sue the at-fault party; however, any recovery you received under your own policy must be reimbursed first out of money recovered from the at-fault party, then you can keep the excess. The at-fault party will have to have assets you can execute on after obtaining a judgment. If you settled the claim against the at-fault party’s policy, then more...
Who’s policy limits, yours or the at-fault party’s? So long as you have not settled with and released the at-fault party from the claim, you can sue the at-fault party; however, any recovery you received under your own policy must be reimbursed first out of money recovered from the at-fault party, then you can keep the excess. The at-fault party will have to have assets you can execute on after obtaining a judgment. If you settled the claim against the at-fault party’s policy, then more...
Q: Informed a specific lab test was unavailable after I was already obligated to pay. Discrimination? What are my options?
1 Answer
| Asked
in
Health Care Law, Insurance Bad Faith and Medical Malpractice
for
Maryland
on
Answered on Mar 30, 2018
Answered on Mar 30, 2018
Ronald V. Miller Jr.'s answer
I don't think this is a medical malpractice case. Did you call the lab and tell them you no longer want to take the test and explain why? I doubt they would hold your feet to the fire if you have not yet taken the test.
I don't think this is a medical malpractice case. Did you call the lab and tell them you no longer want to take the test and explain why? I doubt they would hold your feet to the fire if you have not yet taken the test.
Q: What happens if insurance company wont open a claim with a tpd order , ppd order, and penalties filed for 40% with com?
1 Answer
| Asked
in
Insurance Bad Faith and Workers' Compensation
for
Maryland
on
Answered on Apr 21, 2017
Answered on Apr 21, 2017
Eric Todd Kirk's answer
It does not appear that you are represented by counsel. The the fact that you are at this stage, with the various orders you indicated, but without any worker's compensation benefits to show for it, suggests to me that perhaps it is time to change that plan of action. Many WC lawyers offer free consultations. I would strongly urge to to arrange on or more to discuss these issues. Best of luck.
It does not appear that you are represented by counsel. The the fact that you are at this stage, with the various orders you indicated, but without any worker's compensation benefits to show for it, suggests to me that perhaps it is time to change that plan of action. Many WC lawyers offer free consultations. I would strongly urge to to arrange on or more to discuss these issues. Best of luck.
Q: An act of vandalism and theft happened on the insured property recently. The insurance denied the claim.
Ronald V. Miller Jr.'s answer
The key is going to be in the policy language. I think you may have something to go on here. It is probably going to depend on how long you were in North Carolina. But I can't imagine the policy reads to suggest that you actually have to be on the premises and cannot take a sojourn out fo the state. So ask them to show you the specific policy language that controls and post the answer and hopefully I or someone else will give their thoughts.
The key is going to be in the policy language. I think you may have something to go on here. It is probably going to depend on how long you were in North Carolina. But I can't imagine the policy reads to suggest that you actually have to be on the premises and cannot take a sojourn out fo the state. So ask them to show you the specific policy language that controls and post the answer and hopefully I or someone else will give their thoughts.
Q: We sold a rent prop years ago. USAA won't rep us in Ld Paint suit now b'cuz we d't have policy.
Cedulie Renee Laumann's answer
There are ways to obtain copies of insurance policies even if you do not have the physical copy in hand. You may wish to schedule a consultation with an attorney who can review the specific details of your situation and offer some advice.
There are ways to obtain copies of insurance policies even if you do not have the physical copy in hand. You may wish to schedule a consultation with an attorney who can review the specific details of your situation and offer some advice.
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