New Jersey Insurance Legal Questions

Yes, if the fire occurred during the period of time when both polices were cancelled, you may have a case against the insurance company for its mistake in cancelling the other policy.  Your damages will be whatever would have been covered under the policy that was mistakenly cancelled after reducing the amount of the covered loss by the amount of your deductible.... Read More

Based upon the facts presented, the insurance company and the prosecutors office are probably seeing if you committed a criminal fraud by what you allegedly  stated in your insurance application and/or car accident.  Please retain an attorney before you go for the EUO to protect your rights; self incrimination issues. ... Read More

I am sorry to hear about your brother.   I wish I had a simple answer for you but I do not.  It will depend on what the actual insurance policy states.  Some policies state that if a death is caused by drugs/alcohol then they will not pay.   You will need to review the policy in its entirety. If you do not have a full copy of the policy, you should request one from the policyholder.  Request a "certified" copy and also request a copy of the Summary Plan Description.   See what the policy says about the cause of death and how that may affect whether or not a claim is paid.   Even if you think the language is clear, you may want to have a local attorney look into it for you.  Your state laws may provide some guidance as well.   I'd review the policy in full first and then reevaluate.  If you think there is any possible way to get coverage, then consult with an attorney. Keep in mind that there are likely time deadlines (per the policy and per state law) in which you can appeal negative determinations.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice. No attorney-client privilege exists or is formed by this response.... Read More

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

It will depend on your policy but usually you can list "additional named insureds" to be covered  under your insurance policy and he can do the same.  That way you will both we listed on each other's policy's and covered.  Call your insurance company and ask if you can list someone as an "additional named insured."  I don't think you should have any problem with this.  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

If you get caught driving with insurance, you will likely be issued a ticket with a fine associated with such.  You will have to go to court and either pay the fine or prove that you had proof of insurance at the time you got the ticket.  Also, this scenario can arise if you are involved in an accident and don't have insurance.  Also, auto insurance also protects you by having uninsured motorist coverage.  Thus, if you are ever involved in an accident with someone who has no insurance or less insurance than you do, it is likely that your uninsured motorist coverage would pay for your injuries.  It is in your best interest and the best interest of other drivers that you get the insurance coverage that is mandated by the law in your state.  Since you did not provide your specific state, I cannot provide you any other information regarding such, but I am sure that it is against the law to drive with automobile insurance in your state so I recommend you do your best to get insurance.  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

I am sorry to hear about these issues you are having with your father's insurance company.  To begin with, there should not be a problem with the insurance company talking to your father about this.  Your father is covered under the group policy and they should not require to talk to the employer.  I recommend writing a letter to the insurance company outlining the entire scenario and explaining why you think the operation should be covered, etc.  Write in the letter that you are "appealing their denial of coverage" for the operation.  Explain everything as much as possible and include any bills and other written communications you may have had with the insurance company. I would also go ahead and request a copy of the insurance policy if you do not already have one. It is best to do as much in writing as possible so you can  have a clear record of all communications.  You can seek the advice of an attorney if you like but I would go ahead and try this appeal letter first and see what happens.  Maybe you can at least get the attention of someone who can help you further.  If you do not hear from them after 30 days of writing the letter I would seek the assistance of a local attorney if you still desire assistance with this.  Don't wait too long on doing anything because their may be some time limitations.  I hope this information helps you and your father.  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 information.  ... Read More

When it comes to fighting insurance companies for coverage involving major disasters likes hurricanes, it really is best to seek out a local attorney who practices insurance law or insurance bad faith.  They will be able to read through your entire policies and see if they can find coverage.  Also, an attorney may have other cases similar to yours.  In our area, attorneys and residents dealt with a lot of these issues after Hurricane Katrina and understand your frustration.  Check out this case:  http://courts.ms.gov/Images/Opinions/CO58302.pdf I do recommend seeking out the help of a local attorney who practices in this area.  However, you may have the right to appeal their denial. Read closely their letter denying your claim as it may say something about appealing the denial.  This usually must be done within a certain time frame.  Pay attention and be sure to appeal if you have that option but have not yet done so.  In the appeal letter be sure to explain why you believe you deserve coverage (cite the policy language if possible) and explain the damages and that you believe the inspection was inadequate.   If you have appealed and are denied again (which is likely to happen, unfortunately) or if there are no appeal options or you have exhausted all options, I do recommend contacting a lawyer for further assistance.  Dealing with insurance companies can be a very daunting task.  Gather all correspondence from your insurance company and the policies.  Take pictures of damage and document everything. Good 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 information.      ... Read More