Pennsylvania Insurance Bad Faith Questions & Answers
Q: What happens if your Employer doesn't report your work-related injury to the State Worker's Comp Board?
2 Answers
| Asked
in
Employment Law, Workers' Compensation and Insurance Bad Faith
for
Pennsylvania
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Alexander Palutis' answer
Your employer is required to report your work injuries to their insurance company and the State. There are several reporting requirements for both the employer and the injured worker. Therefore, I recommend that you contact a Board Certified Workers’ Compensation Attorney to discuss your circumstances in greater detail. Most attorneys will provide a free consultation. If you have suffered a work injury and your employer is being less than cooperative , then it is certainly time for you to...
Your employer is required to report your work injuries to their insurance company and the State. There are several reporting requirements for both the employer and the injured worker. Therefore, I recommend that you contact a Board Certified Workers’ Compensation Attorney to discuss your circumstances in greater detail. Most attorneys will provide a free consultation. If you have suffered a work injury and your employer is being less than cooperative , then it is certainly time for you to...
Q: RENTAL REINBURSEMENT
1 Answer
| Asked
in
Car Accidents and Insurance Bad Faith
for
Pennsylvania
on
Answered on Nov 3, 2018
Answered on Nov 3, 2018
Peter Munsing's answer
Your car rental under your policy is only for the period when they have not paid you. It ends at that period. If you have 1700 in coverage, they will pay whatever your max is per day toward your bill.
By the way, responsibility under an auto policy continues from the time of the wreck. For instance, if you were hurt and need to see a doctor, even when your policy is cancelled they have to pay under it. However if your policy is gone you have to give the rental place new insurance or be...
Your car rental under your policy is only for the period when they have not paid you. It ends at that period. If you have 1700 in coverage, they will pay whatever your max is per day toward your bill.
By the way, responsibility under an auto policy continues from the time of the wreck. For instance, if you were hurt and need to see a doctor, even when your policy is cancelled they have to pay under it. However if your policy is gone you have to give the rental place new insurance or be...
Q: Insurance company won't cover rental car because I declined this option on original policy. what are my options?
Peter Munsing's answer
rental isn't something they have to reopen. You can ask your agent but otherwise you will need to get yourself either a rental or pay a friend to use their car and see if there's a way you can insure it or get a hail damage special.
rental isn't something they have to reopen. You can ask your agent but otherwise you will need to get yourself either a rental or pay a friend to use their car and see if there's a way you can insure it or get a hail damage special.
Q: My mother passed while she was on medicaid. All she had were 2 small insurance policies ( 5k per). Do I need to probate
1 Answer
| Asked
in
Estate Planning, Insurance Bad Faith and Probate
for
Pennsylvania
on
Answered on Sep 23, 2018
Answered on Sep 23, 2018
Elizabeth Tarasi's answer
The insurance policy usually names a benificiary. Generally you do not probate when the only assets are insurance policies.
The insurance policy usually names a benificiary. Generally you do not probate when the only assets are insurance policies.
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: Im being sued by another insurance co due to auto accident, do I need a personal lawyer to represent me?
2 Answers
| Asked
in
Car Accidents, Insurance Bad Faith and Insurance Defense
for
Pennsylvania
on
Answered on Dec 18, 2017
Answered on Dec 18, 2017
Mark Scoblionko's answer
If you have property damage coverage and your insurance company has hired a lawyer to defend the case, the lawyer is responsible for defending the entire case, not just the portion of the claim covered by your insurance. You are actually the client being represented, not the insurance company, even for the portion of the claim that is covered by the insurance.
You should feel free to raise your question with the lawyer, and, in fact, you should.
If you have property damage coverage and your insurance company has hired a lawyer to defend the case, the lawyer is responsible for defending the entire case, not just the portion of the claim covered by your insurance. You are actually the client being represented, not the insurance company, even for the portion of the claim that is covered by the insurance.
You should feel free to raise your question with the lawyer, and, in fact, you should.
Q: Can an IME opinion ride through a major surgery that is considered work related?
2 Answers
| Asked
in
Workers' Compensation, Constitutional Law and Insurance Bad Faith
for
Pennsylvania
on
Answered on Dec 12, 2017
Answered on Dec 12, 2017
Timothy Belt's answer
There are many potential options in this situation including filing your own petition to Reinstate benefits after the surgery and to Review the description of injury to include the conditions set forth in the second IME. I would strongly suggest reviewing your options with your attorney, and if you do not have an attorney, obtain one as soon as possible.
There are many potential options in this situation including filing your own petition to Reinstate benefits after the surgery and to Review the description of injury to include the conditions set forth in the second IME. I would strongly suggest reviewing your options with your attorney, and if you do not have an attorney, obtain one as soon as possible.
Q: Car crash, other driver was at fault and cited by police. His insurance is refusing to pay - what now?
2 Answers
| Asked
in
Personal Injury, Traffic Tickets and Insurance Bad Faith
for
Pennsylvania
on
Answered on Dec 4, 2017
Answered on Dec 4, 2017
Mark Scoblionko's answer
They can really do that.
Your only option is to sue. You can go to a magistrate and handle it yourself, without a lawyer. The problem is that the insurance company will almost assuredly appeal to "real" court, i.e., the Court of Common Pleas for the county in which the defendant lives or the accident happened, if you win. If that occurs, you will need a lawyer, and the result of the magistrate's hearing is wiped away. I usually advise my clients to skip the first step and go right...
They can really do that.
Your only option is to sue. You can go to a magistrate and handle it yourself, without a lawyer. The problem is that the insurance company will almost assuredly appeal to "real" court, i.e., the Court of Common Pleas for the county in which the defendant lives or the accident happened, if you win. If that occurs, you will need a lawyer, and the result of the magistrate's hearing is wiped away. I usually advise my clients to skip the first step and go right...
Q: Hello. I brought an age-discrimination suit pro sein the Phila. Court of Common Pleasin 2016 . The defendants were a
1 Answer
| Asked
in
Consumer Law, Business Law, Insurance Bad Faith and Employment Law
for
Pennsylvania
on
Answered on Oct 25, 2017
Answered on Oct 25, 2017
Peter Munsing's answer
No. They should help you by retracting the document. But it's not misrepresntation.
No. They should help you by retracting the document. But it's not misrepresntation.
Q: How accurate should consulting with a health insurance provider before getting something done be?
Mark Scoblionko's answer
You would need to consult with a lawyer to answer this question. A lawyer would presumably want to review your plan and any correspondence. An office conference would be necessary so that you could discuss with the lawyer all things that transpired and any conversations that you had with the insurance company.
You would need to consult with a lawyer to answer this question. A lawyer would presumably want to review your plan and any correspondence. An office conference would be necessary so that you could discuss with the lawyer all things that transpired and any conversations that you had with the insurance company.
Q: My parked unoccupied car was hit by a drunk driver who was not the owner of the car. Who is responsible for the damage
2 Answers
| Asked
in
Car Accidents and Insurance Bad Faith
for
Pennsylvania
on
Answered on May 21, 2017
Answered on May 21, 2017
Mark Scoblionko's answer
Clearly the driver is responsible. The matter would have to be reviewed by a lawyer to determine if there is a case against the owner for what is called "negligent entrustment," and/or, if the driver was drinking at an establishment which held a liquor license, if there is a case against the establishment for what is called "dram shop liability."
Clearly the driver is responsible. The matter would have to be reviewed by a lawyer to determine if there is a case against the owner for what is called "negligent entrustment," and/or, if the driver was drinking at an establishment which held a liquor license, if there is a case against the establishment for what is called "dram shop liability."
Q: I have worked at the same place for 11 years buying short term disability insurance through said employer. On 1/1/2016
2 Answers
| Asked
in
Employment Law, Insurance Bad Faith, Public Benefits and Workers' Compensation
for
Pennsylvania
on
Answered on Feb 20, 2016
Answered on Feb 20, 2016
Timothy Belt's answer
Unless the knee is a work injury, this is not a workers' compensation question. If the knee is as a result of a work injury, it should not be submitted to short term disability. A workers' compensation claim should be filed.
Unless the knee is a work injury, this is not a workers' compensation question. If the knee is as a result of a work injury, it should not be submitted to short term disability. A workers' compensation claim should be filed.
Q: A woman left her house to her three grandchildren. They don't want it, but their father, the woman's son, does.
Mark Scoblionko's answer
If the deceased grandmother wrote a Will leaving the house to the three grandchildren and they renounce the bequest, the house passes as part of the residuary estate (that is, the balance of what is left). The father does not get the house automatically simply because the grandchildren renounce. If the grandchildren are also the residuary beneficiaries, they would then have to renounce the residuary estate, or at least that part of it. That would create a complete or partial intestacy. In...
If the deceased grandmother wrote a Will leaving the house to the three grandchildren and they renounce the bequest, the house passes as part of the residuary estate (that is, the balance of what is left). The father does not get the house automatically simply because the grandchildren renounce. If the grandchildren are also the residuary beneficiaries, they would then have to renounce the residuary estate, or at least that part of it. That would create a complete or partial intestacy. In...
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