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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 4
Do you have any Insurance questions page 4 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

Hi is it legal for a company/job to ask if we have had the vaccine for COVID ?

Answered 4 years and 2 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
There is a current Florida admin rule fining business that and this is also arguably a HIPAA violation.
There is a current Florida admin rule fining business that and this is also arguably a HIPAA violation.

what is the difference between life ins and live and accident ins

Answered 4 years and 3 months ago by attorney Leroy Scott, Ph.D., Esq.   |   1 Answer   |  Legal Topics: Insurance
A regular life insurance policy should pay out if the insured person dies while the policy was active. However, there may be some limited situations in which there is no payout, such as if the person committed suicide.  However, an accidental death and dismemberment policy will ONLY pay out if the insured person dies or loses a limb or an eye by AN ACCIDENT that happened while the policy was active. You may ask, "what counts as an accident?" or "how long after the accident must the person die for there to be a payout?" These questions can be answered by reviewing the particular policy. You would be surprised how different the policies are. Each policy is very different, so you must review the policy to see if the denial was correct. Now that the claim has been denied, you must file a lawsuit within 2 years if you think the denial was incorrect.   ... Read More
A regular life insurance policy should pay out if the insured person dies while the policy was active. However, there may be some limited... Read More

How do I contest an insurance charge?

Answered 4 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
You will need to have a consumer lawyer review this. The idea of a 2k service fee is problematic as is that the insurance carrier declined to cover the loss. There is something else going on here thats not been related. 
You will need to have a consumer lawyer review this. The idea of a 2k service fee is problematic as is that the insurance carrier declined to cover... Read More
Life insurance proceeds pass outside the will..the will may identify you as beneficiary under that life ins policy but it is not required in order for you to claim the death benefit..You need to look through all her personal effects to discover the policy. 
Life insurance proceeds pass outside the will..the will may identify you as beneficiary under that life ins policy but it is not required in order... Read More

What recourse is available if post surgical rehab is needed and denied by insurance?

Answered 4 years and 4 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Insurance
If you believe that the policy should cover the rehab, you would proceed through whatever dispute resolution procedure is called for in your insurance policy (for example, it may require arbitration of any disputes).  If the policy doesn't set forth a method of dispute resolution, or you have exhausted all procedures called for by the policy, you would sue the insurance company for breach of contract.... Read More
If you believe that the policy should cover the rehab, you would proceed through whatever dispute resolution procedure is called for in your... Read More

life insurance policy

Answered 4 years and 4 months ago by Andrew Allen Popp (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
Based on the facts provided the life insurance proceeds are a probate asset and a probate estate needs to be opened with the Court before you can get those funds.
Based on the facts provided the life insurance proceeds are a probate asset and a probate estate needs to be opened with the Court before you can get... Read More

How do I respond to a letter of collection not in my name

Answered 4 years and 4 months ago by Mr. Brian Roy Toung (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
Unfortunately, under Florida law, owner's of vehicles are responsible for damage caused by their vehicle even if they weren't in them at the time, so long as the driver had the owner' permission to drive it. Make sure to respond to the complaint within 20 days of service.
Unfortunately, under Florida law, owner's of vehicles are responsible for damage caused by their vehicle even if they weren't in them at the time, so... Read More

I owned a life insurance policy on my sister and made the monthly payments and I was the beneficiary

Answered 4 years and 5 months ago by Andrew Allen Popp (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
From the facts posted it looks like the daughter has no rights to the proceeds from the life insurance policy.  Additional facts may change this analysis.  For a definitive answer you will need to sit down with an attorney for a full consultation.
From the facts posted it looks like the daughter has no rights to the proceeds from the life insurance policy.  Additional facts may change this... Read More

What type of lawyer do I need?

Answered 4 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Probably civil litigaton defense lawyer or a bankruptcy lawyer.
Probably civil litigaton defense lawyer or a bankruptcy lawyer.

What can I do in this situation?

Answered 4 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Check with the manufactuer about the recall and possibly a loss claim there. Its not the dealerships obligation at that point. Also check if htere was some warranty from the dealer or some CPO inspection that should have revealed any wiring defect.
Check with the manufactuer about the recall and possibly a loss claim there. Its not the dealerships obligation at that point. Also check if htere... Read More
You will need to retain a lawyer to address this with the insurance carrier at some expense, typically through an expensive declaratory judgment lawsuit. 
You will need to retain a lawyer to address this with the insurance carrier at some expense, typically through an expensive declaratory judgment... Read More
If he is required to be added, such as resident relative or routine user, then failing to do so may result in exclusion or policy cancellation. There should be no requirement to add him if he was a one time passenger alone. 
If he is required to be added, such as resident relative or routine user, then failing to do so may result in exclusion or policy cancellation. There... Read More

Insurance claim

Answered 4 years and 8 months ago by Andrew Allen Popp (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
Hello Chris, It's difficult to tell you "what to do" in this type of forum.  Since you were in the course and scope of employment at the time of the accident, it seems pretty clear that the insurer for Doordash should be the one to step in.  That is, unless some other arrangements were agreed upon.  I would review the Doordash Agreement to see what it says about this type of situation.  To a certain extent, insurance companies try to pass the buck and fight it out amongst themselves all the time.  You may not need to do anything.  If you have concerns about your rights etc., you will need to sit down with an attorney for a formal consultation. Best of luck.... Read More
Hello Chris, It's difficult to tell you "what to do" in this type of forum.  Since you were in the course and scope of employment at the time... Read More

Public adjuster contract

Answered 4 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Most likely some value as a % of the amount paid out. It all depends on the terms of the contract. 
Most likely some value as a % of the amount paid out. It all depends on the terms of the contract. 

Is there a deadline in my case

Answered 4 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
No way to tell in a vacuum. The SOL for most such cases is 4 or 5 years depending on the basis for the claim as a starting point.  
No way to tell in a vacuum. The SOL for most such cases is 4 or 5 years depending on the basis for the claim as a starting point.  

Is it illegal to record a cellphone call involving me?

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
There is a general rule in life. When someone complains that everyone esle is "against them" its usually the person not everyone else. Especially when you inject that you are "culturally insulted" which suggests some level of "activist" or "provacateur" mentality at issue. That aside, generally recording telephone conversations without the express consent of the other party is a crime, subjects you to civil lawsuit and is not admissiable in court per Fla. Stat. Cjap. 934.... Read More
There is a general rule in life. When someone complains that everyone esle is "against them" its usually the person not everyone else. Especially... Read More

Will I face consequences for letting someone use my address for their business?

Answered 5 years and 2 months ago by Jeff Scott Lasswell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
As I understand it, no one can have a residence licenses in 2 states.  They can have a residence license in one state, and non-residence licenses on other states.  But, to answer your question, it looks like she could use a Colorado address even though she does not live here to get a Colorado residence license.  Here is the website she should check out: https://home.pearsonvue.com/co/insurance to see what liability may exist for your parents.     ** I am not your lawyer.  This is not real legal advice.  It is my attempt to help others with some basic guidance.  **... Read More
As I understand it, no one can have a residence licenses in 2 states.  They can have a residence license in one state, and non-residence... Read More

Home owners insurance

Answered 5 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Sort of - they have a lien against any recovery. If you drop the case not likely. If you think you can stiff them outta fees and then settle yorself and keep the money, not likely. 
Sort of - they have a lien against any recovery. If you drop the case not likely. If you think you can stiff them outta fees and then settle yorself... Read More

Is there a way I can cancel my life insurance policy without my financial advisor

Answered 5 years and 5 months ago by Jeff Scott Lasswell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Insurance
Not my specialty per se (I do more auto ins.).  But my thought is to write the life ins. co and copy your financial advisor stating you are cancelling the policy.  Fax it so you have the confirmation page.  I would also review your policy for any cancellation clauses and comply with those.  Finally, I imagine that if you stop paying premiums, they will cancel you as fast as possible.  Hope that helps.  ... Read More
Not my specialty per se (I do more auto ins.).  But my thought is to write the life ins. co and copy your financial advisor stating you are... Read More

does an insurance company have to comply with HIPAA laws?

Answered 5 years and 6 months ago by attorney Gregory Michael Dell   |   1 Answer   |  Legal Topics: Insurance
Disability insurance companies must comply with HIPAA regulations.  A lot of time claimants don't realize it but they sign general authorizations that give the disability insurance company the ability to get anything they want. 
Disability insurance companies must comply with HIPAA regulations.  A lot of time claimants don't realize it but they sign general... Read More

Who is responsible for the damage of my car ?

Answered 5 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
God is responsible absent your being able to show the complex should have expected that particialr branch would break and hit your car. Hopefully you have insurance coverage on your car to cover such things.
God is responsible absent your being able to show the complex should have expected that particialr branch would break and hit your car. Hopefully you... Read More
You will not be able to cash the checks without an estate opened.  You may also need a court order to open the account in order to make sure there are not any other potential survivors that could be beneficiaries. 
You will not be able to cash the checks without an estate opened.  You may also need a court order to open the account in order to make sure... Read More

Business interruption insurance in civil authority shutdown cases: Vermont lodging

Answered 5 years and 7 months ago by attorney Gregory Michael Dell   |   1 Answer   |  Legal Topics: Insurance
This is a going to be a highly litigated topic as there are past cases that have been decided in courts nationwide that have rendered different outcomes.  You should definitely file a claim under your policy and pursue legal action if needed.  
This is a going to be a highly litigated topic as there are past cases that have been decided in courts nationwide that have rendered different... Read More

What steps do we need to take?

Answered 5 years and 7 months ago by attorney Gregory Michael Dell   |   1 Answer   |  Legal Topics: Insurance
Ms. White:   This is complicated.  If you brother does not have the capacity to make his own decisions then he shoudl have a guardian appointed.  An appointed guardian can request a change of beneficiary form from the life insurance company.  If your brother has the ability to sign a change of beneficiary form, then you can request the form for him and have him sign it.  If he dies without a change of beneficiary and he has not be remarried, then the likely beneficiary will be his child.  ... Read More
Ms. White:   This is complicated.  If you brother does not have the capacity to make his own decisions then he shoudl have a guardian... Read More
You should demand a copy of the life insurance policies as its possible that you may be entitled to benefits.  
You should demand a copy of the life insurance policies as its possible that you may be entitled to benefits.