Insurance Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
483 legal questions have been posted about insurance by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include fidelity and surety, reinsurance, and automobile insurance. All topics and other states can be accessed in the dropdowns below.
Insurance Questions & Legal Answers - Page 1
Do you have any Insurance questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 483 previously answered Insurance questions.

Recent Legal Answers

You simply need to use the find a lawyer feature to locate a lawyer of your choice. Be prepared to pay an hourly rate for that review. 
You simply need to use the find a lawyer feature to locate a lawyer of your choice. Be prepared to pay an hourly rate for that review. 

Who handles Insurance Denials in Mediation?

Answered 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Any civil trial or insurance litigaiton lawyer can. No one will handle such cases on a contingent fee typically because of the value of the damages and they took away the obligation for the insurance company to pay for the legal fees if they lose. If you're prepared to pay "out of pocket" to hire a lawyer you will have a better chance to retain one. ... Read More
Any civil trial or insurance litigaiton lawyer can. No one will handle such cases on a contingent fee typically because of the value of the damages... Read More
You will need to address this with your insuance carrier or personal lawyer as policies vary. As a general rule - they are occurance policies and the coverage available when the crash occurs is what is availabe, canceling or increasing afterwards should not affect the crash coverage. 
You will need to address this with your insuance carrier or personal lawyer as policies vary. As a general rule - they are occurance policies and the... Read More
Mom's Liability insurance will only cover damages to another driver if mom was at fault. If the at fault driver was uninsured, then mom can only recover for her damages if mom had UM coverage on her own policy. 
Mom's Liability insurance will only cover damages to another driver if mom was at fault. If the at fault driver was uninsured, then mom can only... Read More
Yes. He likely has an obligation, as do you, to disclose and pay premiums for all resident relatives, as they may have a right to claim under the others policy and equally have a higher propensity to drive or be in each others vehicles. 
Yes. He likely has an obligation, as do you, to disclose and pay premiums for all resident relatives, as they may have a right to claim under the... Read More

Should I obtain a lawyer?

Answered 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Sure, but it might cost you more than the cost of the repairs to do so.  Equally, if a medical condition occurred - it might eliminate any claim of "negligence" leaving you to pay for the damages if you allowed your insurance lapse for some reason.
Sure, but it might cost you more than the cost of the repairs to do so.  Equally, if a medical condition occurred - it might eliminate any claim... Read More

Looking for a free lawyer

Answered 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Unfortunately, that simply isn't how retaining a lawyer works. Even if it were permissible for a lawyer to take 80% of the damages, that presumes that a mount would equal the value of the legal services, which is questionable given the cost of most garage door projects. To be candid, in many instances, its actually less expensive for the consumer to hire a lawyer on paid retainer or fee than it is to have the lawyer take the common 40% + costs for litigation, if the cost of the project was substantial, $20,000.00+. Bear in mind that lawyers do not litigate from a position of anger or frusration with the contractor, so they typically have little interesting in prosecuting  claims with an emotional motivator or where the client's motivation is to "go after" someone.. Your best bet is to retain a local construction or consumer lawyer and have them review the situation and your contract for options. ... Read More
Unfortunately, that simply isn't how retaining a lawyer works. Even if it were permissible for a lawyer to take 80% of the damages, that presumes... Read More
You will have to ask a WC lawyer  - but its common that psych type records are NOT shared with patients for clinical reasons.
You will have to ask a WC lawyer  - but its common that psych type records are NOT shared with patients for clinical reasons.

Rebar 2 inches above parking stop damaged my car. Any Recourse?

Answered 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Possibly. Its either and insurance claim or a small claims lawsuit against the property owner. With the rebar claimed to be 2 inches over the stop - you might find some difficulty if the property owner claims YOU were negligent by pulling your car over the stop - so insurance claim is likely your best bet. ... Read More
Possibly. Its either and insurance claim or a small claims lawsuit against the property owner. With the rebar claimed to be 2 inches over the stop -... Read More
This is likely subject to an "act of God or nature" defense and you have no liability and owe nothing. HOwver, if he can show that you negliently secured your trailer and had you done so properly your trailer would not have moved, he might have a legal argument for some liability.
This is likely subject to an "act of God or nature" defense and you have no liability and owe nothing. HOwver, if he can show that you negliently... Read More

Can I get more money than my auto policy UMI coverage?

Answered a year and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
No idea what you mean by simply saying you deserve "the max" and therefore its impossible to properly address your question. That said, you should have a personal injury lawyer handle such a case for a variety of reasons starting with answering your questions and extending to helping identify any issues like liens you might have on your settlement for health insurance, medicare, medicaid, public assistance payments, etc or trying to find the other driver.  This sounds like your insurance carrier is tendering its limits and then intends to drop you as an insured. ... Read More
No idea what you mean by simply saying you deserve "the max" and therefore its impossible to properly address your question. That said, you should... Read More

I was driving down a dark street during a hurricane and ran into a powerline!

Answered a year and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Its possible either way - all depends on the specific details and the facts. You will need to retain a lawyer to provide you a proper assessement and go from there. 
Its possible either way - all depends on the specific details and the facts. You will need to retain a lawyer to provide you a proper assessement and... Read More

What documents/forms do I need to submit to the courthouse.

Answered a year and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
This is one the primary reasons to retain lawyers in business litigation cases. Too many people think that they can handle the legal decision making only to find that what seems like the right decision at the time is later revealed to be the opposite. In many commerical litigation cases such as described here, the litigant failed to realize that all a judgment effectively is - is a court blessed IOU - with the added benefit of being able to TRY to collect the funds using legal process such as garnishment, levy and liens. I emphasize the word TRY as for most small businesses, if the judgment is significant, they will typically simply fold the business or file bankruptcy, or make exhaustive efforts to hide assets, leaving the judgment creditor is a less than optimal position. In some cases is as simple as the judgement debtor abandoning the existing business and then simply starting a different one that is not affected by the judgment. If you truly expect to enforce a judgment you REALLY need to consider retaining a collection law firm to handle that for you as they can help you maximize the ability to actually collect the debt. To your question, you would have to go through the contempt process with the court to have the court compel a response to the "Fact Information Sheet." This is a very technical process that can be very frustrating as many judges have no interest in becoming a collection agency for commerical judgment creditors that refuse to hire thier own lawyers. ... Read More
This is one the primary reasons to retain lawyers in business litigation cases. Too many people think that they can handle the legal decision making... Read More

if a dog bite owner doesn't have homeowners insurance what can I do

Answered a year and 3 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Insurance
If there no coverage, you can still sue but once you get a judgment it may be difficult to collect on. 
If there no coverage, you can still sue but once you get a judgment it may be difficult to collect on. 

Can an employee's boss sue me

Answered a year and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Possible? Sure, if they claim that you were negligent and somehow caused the company a loss of revenue due to the employees injury. That seems far fetched from the facts you are describing. I would report this to your homeowners insurer and see if they will cover it or at least provide a defense lawyer to to respond. Otherwise, you will likely need to spend some money on a civil trial lawyer to address this issue directly. There seems to be something missing here that a contractor is just randomly demanding $15,000.00 + medical bills for an "employee" that doesn't seem to have done much damage wise.... Read More
Possible? Sure, if they claim that you were negligent and somehow caused the company a loss of revenue due to the employees injury. That seems far... Read More

can i sue association for stolen uninsured car.

Answered a year and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Legally? Sure, you can try. Practically? Not unless you can prove they owed you a legal duty to protect your car. The big mistake here is not insuring the car. You will need to spend money out of pocket, most likely, to retain a lawyer to review this and see what if anything can be done. ... Read More
Legally? Sure, you can try. Practically? Not unless you can prove they owed you a legal duty to protect your car. The big mistake here is not... Read More
They are most likely after the homeowner insurance policy. However, if all of you are insured under the same policy thete is no cross liability and insurance won't cover the claim. However, if the injury was caused by your son to a third party non resident , then the insurance will cover the claim. Call counsel here in Florida for more specific advice. ... Read More
They are most likely after the homeowner insurance policy. However, if all of you are insured under the same policy thete is no cross liability and... Read More

Need a lawyer, who will go after an uninsured driver.

Answered a year and 4 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Insurance
To retain counsel for an accident case to pursue damages against an at fault driver with no insurance is going to be extremely difficult. But keep trying. Good luck!
To retain counsel for an accident case to pursue damages against an at fault driver with no insurance is going to be extremely difficult. But keep... Read More

How can I sue a bodyshop for not fixing my car properly?

Answered a year and 5 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Insurance
If you do not have injuries, it will be very challenging to find counsel to accept your auto accident case. 
If you do not have injuries, it will be very challenging to find counsel to accept your auto accident case. 

Financial question

Answered a year and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
This is an issue to address with the Board Counsel. Otherwise you will likely have to retain an association lawyer at your expense to assist you in securing an audit of the accounting records. 
This is an issue to address with the Board Counsel. Otherwise you will likely have to retain an association lawyer at your expense to assist you in... Read More
YOu will simply need to spend the money out of pocket  on a defense lawyer to address the injury lawsuit regardless of whether you find it valid or legitimate. Obviously some doctors and lawyers involved disagree and that means a jury or judge might also to whatever financial risk exists.... Read More
YOu will simply need to spend the money out of pocket  on a defense lawyer to address the injury lawsuit regardless of whether you find it valid... Read More
Only way to find out is to make a claim. Generally insurance coverage will not apply to intentional acts such as purposefully crashing a car for any purpose. Hopefully, your wife is doing better and getting the care she needs. 
Only way to find out is to make a claim. Generally insurance coverage will not apply to intentional acts such as purposefully crashing a car for any... Read More
This is a serious issue for you to address with the lawyer handling your case, not random lawyers on the internet. Generally, anytime you perjure yourself in court, its a bad thing and needs to be addressed directly. 
This is a serious issue for you to address with the lawyer handling your case, not random lawyers on the internet. Generally, anytime you perjure... Read More

an uninsured person ran a red light and hit my wife, what recourse do I have?

Answered a year and 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Insurance
It will be close to impossible to get any lawyer interested in your case unless the at fault party has liability insurance. However, if you have a UM (uninsured motorist) policy on your vehicle, then there could be a recovery worth it for an attorney to get involved. 
It will be close to impossible to get any lawyer interested in your case unless the at fault party has liability insurance. However, if you have a UM... Read More

What kind of response do I need to write for a civil summons

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
There is MUCH MUCH more to this as there is no legal basis for a lawsuit based on the facts presented. That said, you will need to retain a civil trial lawyer to determine what is beling alleged vs what actually happened and then appear in court to establish a legal defense.
There is MUCH MUCH more to this as there is no legal basis for a lawsuit based on the facts presented. That said, you will need to retain a civil... Read More