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Pennsylvania Insurance Bad Faith Questions & Answers

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Pennsylvania on

Q: Can I sue an insurance company for misinformation leading to my teeth being extracted?

The insurance company, which was funded by the state of Pennsylvania, informed me that my insurance would soon end. I could not afford dental insurance, being widowed and felt that there was no other choice but to have the extractions performed and dentures made. The dentist that they sent me to... Read more »

Timur Akpinar answered on Mar 27, 2019

You outline a number of issues here. A starting point might be to see if a Pennsylvania attorney could give you a free initial consultation regarding whether the termination of insurance benefits was proper. Additionally, because of the financial situation you describe, there could be a non-legal... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Insurance Bad Faith for Pennsylvania on

Q: What happens if your Employer doesn't report your work-related injury to the State Worker's Comp Board?

There was 2 separate work-related injuries and none was reported to the State Worker's Comp Board

Alexander Palutis answered on Jan 9, 2019

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... Read more »

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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on

Q: RENTAL REINBURSEMENT

MY RENTAL REINBURSEMENT FROM GEICO IS 1,700 MY CAR WAS CONSIDERED A TOTAL LOST AND THEY ONLY PAID 400 FOR MY RENTAL FEES DO I AM STILL USING A RENTAL TWO WEEKS PRIOR TO MY POLICY BEING CANCELED I WANTED TO KNOW IS GEICO STILL RESPONSIBLE FOR PAYING FOR THE EXTRA TWO WEEKS OF MY RENTAL BECAUSE I AM... Read more »

Peter N. Munsing answered on Nov 3, 2018

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...
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1 Answer | Asked in Contracts and Insurance Bad Faith for Pennsylvania on

Q: Insurance company won't cover rental car because I declined this option on original policy. what are my options?

My car, which is financed, was badly damaged due to wet road conditions and is not operable. Because I declined the rental option in my original policy, insurance will not cover a rental car. Still waiting to hear from the insurance claim department. Meantime, I don't have transportation. What are... Read more »

Peter N. Munsing answered on Nov 3, 2018

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.

3 Answers | Asked in Tax Law and Insurance Bad Faith for Pennsylvania on

Q: Accident in NC, from PA. The accident was both parties fault. My 3 WEEK SUV totaled. Does insurance pay Taxes on new car

27 Pennsylvania Bulletin 306131; Pa. Code § 62.3 (E)(4) states “A total loss is settled based upon the pre-loss fair market value of the damaged vehicle plus the state sales tax on the cost of a replacement vehicle.” My brand new 2018 Honda CR-V 1,800 miles 3 week old was totaled. Insurance... Read more »

Elizabeth Tarasi answered on Sep 9, 2018

Yes they should. Ask them to pay taxes and transfer associated charges. If the car was financed the lien holder will be paid directly.

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2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Pennsylvania on

Q: Im being sued by another insurance co due to auto accident, do I need a personal lawyer to represent me?

My auto insurance didn't cover the full amount of her auto damage. I was at fault due to me rear ending her. My car was totaled but the other vehicle I hit was driven from the scene. No personal injuries. My insurance company does have a lawyer but not sure if they are protecting me or just my... Read more »

Mark Scoblionko answered on Dec 18, 2017

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,... Read more »

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2 Answers | Asked in Workers' Compensation, Constitutional Law and Insurance Bad Faith for Pennsylvania on

Q: Can an IME opinion ride through a major surgery that is considered work related?

I had an IME before a major surgery. Then the employer got a second IME. They now put in a LMS using the first IME opinion because the WCJ and apealant board agreed that there was no error made in the first modification of my benefits. The surgery happened the second IME stated that the surgery is... Read more »

Timothy Belt answered on Dec 12, 2017

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... Read more »

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2 Answers | Asked in Personal Injury, Traffic Tickets and Insurance Bad Faith for Pennsylvania on

Q: Car crash, other driver was at fault and cited by police. His insurance is refusing to pay - what now?

We were t-boned at a 4-way stop in PA. We came to a stop, then proceeded. Other driver ran the stop sign and hit the passenger side of our car, which has been totaled. We don't have collision on it (older vehicle). No injuries on either side.

Police responded (station in walking distance of... Read more »

Mark Scoblionko answered on Dec 4, 2017

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...
Read more »

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1 Answer | Asked in Consumer Law, Business Law, Insurance Bad Faith and Employment Law for Pennsylvania on

Q: Hello. I brought an age-discrimination suit pro sein the Phila. Court of Common Pleasin 2016 . The defendants were a

Phila.-based electrician's union,

IBEW-98. I alleged that the union

failed to admit me into an apprentice program due to my age of 60, despite very high

written test scores.I reached an out-of-court settlement with the

union for the nominal sum of

$2000... Read more »

Peter N. Munsing answered on Oct 25, 2017

No. They should help you by retracting the document. But it's not misrepresntation.

1 Answer | Asked in Insurance Bad Faith for Pennsylvania on

Q: How accurate should consulting with a health insurance provider before getting something done be?

My wife and I consulted with our health insurance provider to see what our costs would be to do a home birth with a mid wife. We went over figures related to our plan and what we anticipated. We decided to do the home birth because the consult with our insurance company determined that we would get... Read more »

Mark Scoblionko answered on Sep 8, 2017

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... Read more »

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Pennsylvania on

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

Mark Scoblionko answered on May 21, 2017

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... Read more »

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Q: I have worked at the same place for 11 years buying short term disability insurance through said employer. On 1/1/2016

said employer changed their insurance provider, on 1/12/2016 I had to have knee surgery that left me unable to work at this time. Now this new insurance provider is denying my short term disability claim, they are labeling it as a preexisting condition because I saw a doctor for it on 12/08/2015. I... Read more »

Timothy Belt answered on Feb 20, 2016

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.

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1 Answer | Asked in Insurance Bad Faith for Pennsylvania on

Q: A woman left her house to her three grandchildren. They don't want it, but their father, the woman's son, does.

If they just decline the inheritance, does their father get to claim the house? All four people want the father to end up with the house, and no record of ownership for the grandchildren.

Mark Scoblionko answered on Mar 14, 2014

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.... Read more »

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