Insurance Legal Questions

For more information on how to file a HIPPA complaint, visit:   http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html  You can also find a complaint form at that site.  NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

An attorney will have to read your insurance policy to determine what whether in fact the jewelry and stamps are covered under the policy and for how much. Although your estimated loss is $160,000 you may not have that much in "theft" coverage. If you do have such coverage and the insurance company's offer is only $3100 then I agree that you are getting lowballed and you need to hire an attorney to sue the insurance company. After a small fee to review the insurance policy and related documents, most lawyers will take a case such as this on a contingency basis as Florida law provides for recovery of attorney's fees if you obtain a settlement or judgment against an insurance company.... Read More

if you have coverage on your own policy, it is probably best to just go through your company and then your company will subrogate.  However, if not you probably need to find out what the insurance company leans by not being listed.  In some circumstances the suspended driver is an excluded driver and not covered for anything if he or she is driving a car on the policy.  however, in this case if the driver is operating the vehicle with the owners permission and not an 'excluded driver" then you may want to file a complaint with the Pa Insurance Commissioner, or if you are injured have an attorney address it. Scott Cooper scooper@schmidtkramer.com 717-888-8888... Read More

I recommend you discuss this with your attorney more in depth.   Your attorney should be able to explain to you in depth why they are not handling the property damage side of your case.  It might be that your attorney only agreed to assist you with your medical/personal injury damages and not the property damage aspect.  This is fairly normal but you should seek more clarification from your attorney.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

This is a common tactic of insurance companies. You do not have to accept the at fault driver's determination of fault. You should contact an attorney to discuss your legal options. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.    ... Read More

At this point you are only speculating your mortgage insurance is seeking grounds to drop your policy. Comply with the "fire hazard" requests and get confirmation that you have complied. If they attempt to drop your policy after that, you may have grounds to pursue an Insurance Fair Conduct action against them. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read More

From what you say, the insurance company did not "assign themselves a power of attorney". Your father signed a document giving them that power. If the vehicle is totalled, a person's insurance company has an obligation to pay the market value of the vehicle. They do not have to replace the vehicle. If the person does not agree with the insurance company's evaluation of market value they do not have to accept what the insurance company offers. The issue can be negotiated and possibly arbitrated depending on the terms of the insurance policy. It was your father's responsibility to know the market value and decided whether or not to accept what the insurance company offered. Once the matter is settled it is not uncommon for the insurance company to a power of attorney so they can obtain title to the vehicle. If the insurance company paid the bank loan, the lien should be satisfied and removed. Your father should contact the bank and find out why it hasn't. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.    ... Read More

The demand letter should outline the facts of the situation.  It should then apply the facts of the situation to the pertinent policy provisions at issue here.  For example, if the damage is for personal property, you should quote the personal property sections of your policy, etc.  You can also emphasize that you have complied with all policy provisions (if that is true).  Then you can go into detail about the two adjusters and their differences in damages.  Next I would insert some state law to help back up your claims and/or that provide guidance on the issue at hand.  You can search for cases using the legal network that the attorney's office uses (if that is authorized), like Lexis Nexis, CaseLaw or Westlaw.  For example, if I were using Westlaw, I might try searching "differences" /20 "adjusters" /20 "insurance" and see what comes up.  That is going to pull up all cases (depending on what jurisdictional areas you pick) that has the word differences within 20 words of adjusters within 20 words of insurance.  That might provide you some information or backup on this issue.  Then, wrap up the letter with the hardships (if any) you have incurred as a result of the damage you incurred and the insurance companies failure to pay the claim.  Be sure to include a timeline if it will be helpful. And finally, make a demand and ask for a response within x amount of days.  And, of course, let the attorney who will be sending the letter review it and make any recommended or necessary changes.  I hope this helps.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed in this response. ... Read More

Well that depends.  Ohio law requires that you maintain financial responsibility insurance on any vehicle that is registered with the state.  In other words, if you have a license plate on it, then you have to have insurance on it, even if it is sitting somewhere and not being driven.  And if you fail to maintain insurance while the vehicle has a license plate, you could end up having your driver's license suspended.  When you get/renew your plates and get/renew your license, you sign a form acknowledging that you are required by law to maintain insurance on any vehicle registered in your name. One option is to surrender the license plates.  Remove them from the vehicle, and notify the BMV that you are surrendering the license plates to the vehicle and not registering it under another plate.  You may have to turn the actual plates into the BMV.  Im not really sure how that works.Once the plates have been removed/surrendered, you no longer have to have insurance on the vehicle.  But you also cannot drive the vehicle again until you re-register it and get new plates for the vehicle. Another option is to contact your insurance company.  Tell them that you will not be driving the vehicle for a certain amount of time, and that it will be garaged during this time and will not be on the road.  They may be able to offer you a break on the insurance for this time period.  No guarantees, but doesnt hurt to look into it. Best of luck.... Read More

If you accepted money and signed a release, then there is probably nothing you can do. It all depends on whether or not you signed a release or settlement document. The only possible argument you may have if you did sign something would be that you signed it under some extreme duress.  It sounds like you just think the amount was unfair, and if that is the case and you signed a release, there is likely nothing that you can do.  If you didn't sign a release, you can ask for more funds or seek the advice of a local attorney.  NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

You will need to look at your particular policy.   Was the cottage a separate insured premises from your primary residence?  If it has its own separate policy, you need to read the policy and see what it says.  Most homeowner policies state that if it is uninhabitable and there is damage due to flooding relating to pipes bursting because of weather conditions and/or improper heating, then they are excluded and won't pay.  It will all depend on what your policy says.  Did the insurance company know that it was a vacation home or second residence? If so, sometimes the policies are different so maybe this exclusion is not there.  It all depends on what your policy says and what their reasons for denial are (or will be).  Read the policy and see what they say if they deny the claim.  If they pay the claim and you have coverage for additional living expenses/loss of use, then you should be able to also get proceeds for that coverage.  If you need help with interpreting your policy, I recommend you contact a local plaintiff's attorney in your area. If you do not have a complete copy of your insurance policy, contact your insurance company and request a full certified copy of it, to include all endorsements.   Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed as a result of this response. ... Read More

This question is probably more appropriate for your insurance agent, as each company is different about how they handle damage claims and premium determinations.  But to attempt to answer your question, there is always a risk that your insurance premiums will increase any time that you make a claim under the insurance.  But, again, each company is different, so it is best to speak with your insurance agent about this issue.... Read More

Your healthcare provider probably did not need to provide this info but because the info relates to coverage and not treatment, it is probably not actionable. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.  ... Read More

Hi.  No, the money should still be considered hers.  However, she likely won't be able to access the money until she is 21 years old.   A trust will need to be set up in her name, etc.  I recommend you contact an attorney who handles trusts and estates.  I am not sure where in MS you are located, but here are some names on the Gulf Coast.  Pringle & Roemer in Biloxi (228) 374-1747 or Evelyn Floyd in Gulfport (228) 863-0522.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

Most likely not, although you probably should. You should read your insurance policy and the letter that came with the check to see if there are any restrictions associated with accepting the money.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

You should consult your insurance policy and with your insurance agent.  Your uninsured motorist coverage might be able to provide coverage to you for this. In addition, many policies have coverage for "hit and run" accidents.  Finally, you may have coverage for the property damage to your vehicle as well.  I can't say what your insurance covers without having more facts and seeing your insurance policy. But you should read the policy yourself and then consult with your insurance agent. I hope there is some coverage for you.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

You will likely need to have an Estate set up for your son since he must be 21 in order to collect the insurance proceeds.  A Family Law or Estate lawyer can help you with that.  Once the Estate is set up, you can then petition the Court to ask for some of the money now.   Court papers will have to be filed with details regarding how much of the money is needed and for what purposes the money will be used for.  If reasonable, the Judge will most likely approve the request and disburse some of the funds.  However, the rest will remain with the Court until your son turns 21.  I recommend you contact someone who advertises they practice Family or Estate law, particularly someone in your local area.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

Can you be specific what money and type of policy you are referring to? Is this auto PIP; property/homeowners; health coverage; ect.?  With more info I or another lawyer responding may be able to give you advice. You can also use this weblink to the State of Florida Division of Consumer Services.  This link has a phone number and online complaint/help forms. http://www.myfloridacfo.com/Division/Consumers/NeedOurHelp.htm#.UZ_GrIeThyI    ... Read More