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Pennsylvania Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Pennsylvania on
Q: Can an insurance company in PA require a homeowner to get multiple estimates from construction contractors for a repair?

The adjuster is not releasing his estimate until the homeowner comes up with two other estimates. His claims company is also owned by the insurance company. If one of the contractors offers to do the same job at a price lower than the adjusters’, the insurance company requires that the homeowner... View More

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2020

A Pennsylvania attorney could advise best, but your question remains open for three weeks. As a general matter, the bidding practices you describe are not that uncommon in the industry, where multiple bids are used to establish the range of costs for repairs or other projects. Larger carriers could... View More

4 Answers | Asked in Business Law and Insurance Bad Faith for Pennsylvania on
Q: I have a small business that has taken a big financial hit since shutting down due to my state’s stay-at-home order.

I have business interruption insurance, which seemed like the right coverage to apply for in light of what’s going on, but my insurance company denied my claim. I read through my policy, which says nothing about a virus or pandemic being an exclusion. Not sure what I’m paying for if this sort... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 5, 2020

1. Ask for them to put in writing the basis for the denial, and to state the policy section and paragraph. 2. To be sure you have what they have, ask for a copy of a)the entire policy b) the application.

2. If you had an agent that sold you the policy, get them to work on it--sometimes...
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Q: Settled, incident 3+yrs ago. Lawyer never contacts us & refused itemized. Over 2x more $ and now being told out of cntry

Personal insurance covered everything when stores should have, so they taking for every doc visit, which still happens frequently. Delays seem to be from our own lawyer at this point, we were told to sign months ago, without being able to see itemized receipt even though we asked for it. The... View More

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2020

If lawyer is out of country and has access to email, that should still enable wrapping up paperwork for case. If you are able to establish email contact and carrier is willing to work with digital scans of releases, lien forms, and other related paperwork for closing out the case, that might be an... View More

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1 Answer | Asked in Consumer Law, Health Care Law, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Q: Is there anything I can do to at least reduce the bill?

My insurance dropped me because I “make too much money” but I never received the notice they said the mailed me. So I had gone to the ER and now I have a $4000 hospital bill. The insurance company said I can’t file a complaint because I am no longer insured under them and the insurance... View More

Elizabeth Tarasi
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answered on Jan 1, 2020

The hospital should have a process where you can apply to have the bill reduced. Call the hospitals billing department

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... View More

Tim Akpinar
Tim 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... View 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
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... View 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... View More

Peter N. Munsing
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... View More

Peter N. Munsing
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... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2018

I'll double check that but generally they pay the taxes on the value of the damaged car.

Next question is their damage value. You need to look at your contract --if the insurance says market value was 27 and you purchased for 32 something odd there. Or does the 32 include the tax? If...
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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... View More

Mark Scoblionko
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,... View 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... View More

Timothy Belt
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... View 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... View More

Mark Scoblionko
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...
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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... View More

Peter N. Munsing
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... View More

Mark Scoblionko
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... View 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
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... View 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... View More

Timothy Belt
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
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.... View More

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