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Maryland Insurance Bad Faith Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Maryland on
Q: What doctrine governs a partial insurance car repair coverage despite the repair facility's procedure to do it entirely?

My truck was damaged by a collision with a deer. StateFarm paid to repair the truck. StateFarm only paid 1/4 of the cost of reapplying a dealer-installed paint sealant. The "StateFarm recommended" repair facility will not apply the paint sealant to any car partially. Applying the paint... Read more »

Scott Scherr
Scott Scherr answered on Jun 16, 2021

If State Farm is your own insurance company, you can sue them for breach of contract. If State Farm is the insurance company for the other driver who was negligent, you can sue the other driver for the money. Note that if you were injured, you must bring all claims in a single cause of action and... Read more »

1 Answer | Asked in Civil Litigation, Construction Law and Insurance Bad Faith for Maryland on
Q: Insurance breached settlement agreement. WHY?

Why would a insurance company breach a settlement agreement?? I settled a property damage claim with an insurance company. Property damage 60k Personal property also 60k. Under the settlement agreement they had to do work on my condo to make the condo watertight, hiring an engineer for... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 14, 2021

If you do not have an attorney, then I certainly recommend that you hire one at this time to assist your in either enforcing the settlement agreement and/or reaching an alternate resolution-----a lot of times the insurance company will not proceed accordingly without an attorney on the other side.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Maryland on
Q: i rear ended someone in MD and i was uninsured back in oct/2020 and the insurance company is trying to subrogate

the insurance company is trying to subrogate against me for almost 20k and are not willing to work out payment plans under $900+ per month, which i’m unable to afford. Also, the other driver was my neighbor at the time and he only had his bumper and tailgate replaced as a result of the accident,... Read more »

Mark Oakley
Mark Oakley answered on Apr 6, 2021

Bankruptcy. Talk to a bankruptcy attorney. You may qualify for a full discharge under Chapter 7 or a 3-5 year payment plan for a portion of the debt with small payments under a Chapter 13, and then discharge the balance. If the insurance company hasn't obtained a court judgment against you... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Maryland on
Q: How do I get an auto finance company to comply with requests from a GAP insurance company to settle an accident claim?

Auto finance company has consistently failed to provide all necessary documents needed by the GAP insurance company to settle a claim and pay off the balance on the car note. I am being billed for payments for a car that was declared totaled in an accident by my insurance company. This has gone on... Read more »

Michael Wilson McGraw
Michael Wilson McGraw answered on Feb 15, 2021

You should speak with an attorney. The auto finance company may be having some internal issues that you do not know about. Additionally, because you're paying on a vehicle that is totaled, the finance company is causing you to incur economic damages which you may be able to recover.

1 Answer | Asked in Employment Law and Insurance Bad Faith for Maryland on
Q: My employer terminated my insurance, but continued to take deductions for it, and represented to me that I was covered.

My benefits and payroll are administered by a 3rd party (Gusto). Their ‘employee dashboard’, or portal, or whatever verbiage they use for their online thing, shows me as covered. However, when I attempted to add my wife to my coverage, I learned that I was no longer insured.

My... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 15, 2020

Have you raised the issue with your employer or with Gusto to see if the discontinuation of your health insurance was an error? If you cannot get the issue corrected, you may have a claim under the Employee Retirement Income Security Act (ERISA) and should contact an attorney in your area to... Read more »

1 Answer | Asked in Insurance Bad Faith for Maryland on
Q: What are a wife and kids chances of being entitled to a mans life insurance if it was left to his mother
Tim Akpinar
Tim Akpinar answered on Mar 1, 2020

You could pose your question to a Maryland attorney who works with estate matters. You'll find them on this site under the Probate and Estate Planning sections, or you could search for someone independently. However, your post remains open for three weeks. As a general premise, someone can... Read more »

2 Answers | Asked in Personal Injury and Insurance Bad Faith for Maryland on
Q: Hi I have a personal injury case question regarding a car accident

My car was rear ended and was a total loss. I was taken to emergency room and diagnosed with acute head injury and cervical strain. Driver at fault was underinsured with $10,000 liability limit. Her insurance company is low balling the settlement for pain and suffering, loss wages and end of the... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

You cannot sue the other driver’s insurance company for anything. You can only sue the driver. The driver’s contract with his/her insurance carrier has nothing to do with you. Their insurance company’s only obligation is to pay any judgment you obtain against their insured driver. The only... Read more »

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2 Answers | Asked in Car Accidents and Insurance Bad Faith for Maryland on
Q: Can another person's insurance company not pay you for a claim if your car was hit while parked on a red curb in MD?

There were no signs, fire hydrant, or fire lane marked. Have hospital's video of my car being hit.

Peter N. Munsing
Peter N. Munsing answered on Apr 6, 2019

No. Confirm they are not paying in writing. Then file a complaint with the Attorney General Office of Consumer Affairs and with the Insurance Commissioner.

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2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Elder Law for Maryland on
Q: what rights do I have if insurance wants to stop paying me disablity. I have been disabled since 1999.

I have pulmonary sarcoidosis, degenrative disc disease, osteo & rhuematoid arthritis. I stay in chronic pain also due to having granulomas brought on from the sarcoidosis! chronic kidney disease, diabetes, asthma , PVC and other health issues/ they are making me see one of their doctors to... Read more »

Mark Oakley
Mark Oakley answered on Jan 31, 2019

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... Read more »

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1 Answer | Asked in Business Law, Insurance Bad Faith and Insurance Defense for Maryland on
Q: My mom owned a cosmetology school. It was under a LLC. The business closed, and the students had to transfer....

Because the students transferred, the insurance my mom had "covered" the expenses of the students tuition and fees. This insurance company is claiming she, the co-owner, and LLC lawyer signed the Indemnity Agreement which makes the owners liable for the damages. The insurance already sent... Read more »

Arnab Kumar Banerjee
Arnab Kumar Banerjee answered on Jan 29, 2019

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.

2 Answers | Asked in Insurance Bad Faith for Maryland on
Q: What should I do if an insurance company ignores my requests for more information on my claim?
Yosef Kuperman
Yosef Kuperman answered on Nov 10, 2018

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.)

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1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Maryland on
Q: Can I sue myself in Maryland for auto property damage liability? Details below.

I have two cars insured under two different auto policies. Both policies are with the same company. I was backing out of my driveway (car #1) and rear-ended the other car (car #2). I own both cars. There was minor damage to the car I was driving (#1) and I am not making a claim on that one.... Read more »

Mark Oakley
Mark Oakley answered on Nov 8, 2018

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... Read more »

1 Answer | Asked in Insurance Bad Faith for Maryland on
Q: How do I file a bad faith claim against an insurance company?
Timothy Fizer
Timothy Fizer answered on Oct 7, 2018

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,... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Maryland on
Q: Will he/his insurance company have grounds to sue? Should I be pursuing legal action?

Intersection accident, I had a flashing red, he had a flashing yellow. I firmly believe I am not at fault for this accident (I looked carefully both ways, he was speeding and not close to the intersection when I began crossing, the damage to my car is considerable). His insurance company has denied... Read more »

Yosef Kuperman
Yosef Kuperman answered on Aug 7, 2018

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... Read more »

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Maryland on
Q: Can a person collect a payment from PIP if they only have guest PIP?

My daughter was involved in a car accidednt as a passenger. Erie insurance denied a claim to collect a PIP payment. due to my own coverage only having guest PIP

Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Jul 6, 2018

Yes PIP is only exhausted when the primary insurance of the driver doesn't have PIP

1 Answer | Asked in Insurance Bad Faith for Maryland on
Q: We feel we weren't given enough money based on the policy limits for our claim - what's the next step?
Mark Oakley
Mark Oakley answered on May 15, 2018

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... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Maryland on
Q: Informed a specific lab test was unavailable after I was already obligated to pay. Discrimination? What are my options?

After I registered at a lab for several blood tests, I was told that they could do all tests except for the Sickle Cell screening. I already registered before they told me that, meaning I was already obligated to pay them. One of my issues is that, by offering all other tests except the Sickle Cell... Read more »

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Mar 30, 2018

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.

1 Answer | Asked in Insurance Bad Faith and Workers' Compensation for Maryland on
Q: What happens if insurance company wont open a claim with a tpd order , ppd order, and penalties filed for 40% with com?

I have an order from the wcc for a temp. Partial dis.+ a perm. Part. Dis. Plus have filed penalties for them not refusing to open a claim. However there is still no action being taken by the company/ thier ins. Company to open a claim at all. What is the next step if they continue to refuse payment... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Apr 21, 2017

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... Read more »

1 Answer | Asked in Insurance Bad Faith for Maryland on
Q: An act of vandalism and theft happened on the insured property recently. The insurance denied the claim.

I have a homeowner policy with Travelers. Property is located in Hagerstown, MD. The property was posted for sale for a few months and during that time the premises were not occupied. In October, while our family has been dealing with an acute medical emergency out of state (in North Carolina), an... Read more »

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Apr 19, 2016

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... Read more »

2 Answers | Asked in Insurance Bad Faith for Maryland on
Q: My lawyer said there was no homeowners insurance, now she says it is and my share will be 2200 after waiting 2 yrs

When I called about my money she said I have to pay 2200 in medical bills but the medical billing says I do not owe that. What should I do?

Adam Studnicki
Adam Studnicki answered on Jul 14, 2015

Sit down with your lawyer and ask her to explain the details to you.

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