New York Insurance Legal Questions

You'll probably need a cause and origin report and a coverage attorney to review your policy. Your homeowners' policy insures your property if the cause of loss is covered. Water-related losses have to be carefully sorted against policy language. Your HO insurer does not insure the property of other tenants, although it may include liability coverage for third-party property damage. If you were responsible for the failed pipes, the damaged parties may sue you, and your liability insurer should defend. If someone else owns or is responsible for maintaining the pipes, you can sue them.  But in all of this, you cannot guess at the cause of loss. If it is in dispute, you'll almost certianly need to pay for an engineer's cause and origin report.  Review your insurance portfolio with your agent or broker and get the relevant policies to a coverage attorney.     ... Read More

You can purchase a retroactive date for many types of liability insurance policies, but no insurer will retroactively cover a known exposure. When buying a retro date, you need to verify that that you have no known lossess or occurences. You can count on known lossess, claims or even occurences being excluded specifically from coverage. Find an attorney with insurance experience to address the particulars of your situation.... Read More

You're not facing criminal liability. And this is not a legal question, it's a math question. You were paid the correct amount of money by your insurance company based on the $2400 estimate. Your insurance company was responsible for paying for the $2400 repair minus your $1000 deductible. That's $1400, which was paid to the collision shop. But you still owed the collision shop the rest of the $2400. That's why you paid $1000 to them. The collision shop was honest. Your insurance company did the right thing. It's all good. ... Read More

Did you have homeowner's/renter's insurance? If so, please contact your insurance company ASAP and send the legal papers to them. As part of your insurance premium, the carrier must defend you in the lawsuit and pay any damages (up to your policy limits) you may be held liable for. If you did not have insurance, you must retain a lawyer who can answer the lawsuit for you so that a default judgment is not entered against you. Please let me know if you have any other questions. ... Read More

The insurance is part of the estate, and technically, only the estate administrator, once appointed by the Surrogate Court, will be able to obtain the check, for the benefit of the estate. If there are claims or debts to be paid, that will have to be addressed before the estate distributees can be paid their share of the estate. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read More

I'm sorry to hear about this.  I think the best thing to do would be to try and find out if a lawyer handled the settlement.  If so, the funds are likely protected.  If the money was given directly to your mom without any court or attorney interference, then you should likely try and do some backtracking with the bank.  Your best bet would be to likely go into your local branch with a picture ID and ask if any accounts have even been opened in your name.  See what you can find out.  They should be able to get most, if not all, of any records that were in your name.  If the account was in your mom's name, you likely won't be able to get access to those records without her approval.  I hope you can find the information you need.  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

It is quite possible that if you have this denial expressly in writing, you may have sufficient evidence to bring a lawsuit alleging that this insurance carrier just violated state, and possibly federal law. A carrier that does business in New York has to follow New York law. You should consult with qualified local counsel. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyer www.upperwestsidelawyer.com... Read More

Depending upon all of the facts, if your Dad died after his Mom, and never changed the beneficiary, then the place to start is with his Mom's estate. DId she have a will? If so, it is possible the money passes under that will. You are going to have to hire an investigator to get to the bottom of this.   We are here to help if you'd like.... Read More

First thing you need to do is make a written demand on the school district in a certified letter for the payment of these expenses. If they refuse to pay you will need to sue them. Get a lawyer, and sue them. Feel free to call our office if you have more questions. Someone at the school was negligent with the chemicals and spilled them. It was forseeable that if there was a spill, children might need medical attention. That's exactly what happened, from your story. SO go chase the school district.... Read More

Well the precise correct answer depends uppon a read of the policy. If the policy is clear that the sewer endorsement adding a peril had a different limit of liability than the balance of the coverage, then there could be an issue for obtaining the exta coverage you seek. However, it depends on the wording also of the habitability coverage and its wording. Unable to answer definitively without sight of the policy. If you want a no obligation insurance review please call my Rock Center office. Good luck.... Read More

I am sorry to hear about this.  I recommend that you check out this fact sheet on how to file a complaint.  http://www.hhs.gov/ocr/privacy/hipaa/complaints/hippahowtofile.pdf.  I think this will provide you with answers and assistance.  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

First step, you probably have uninsured motorist coverage. Call your insurance company and make a claim ASAP. Have you done this? IF NOT YOU MUST RIGHT AWAY. Most insurance companies will not pay a claim unless you make timely notice. Suing the government is an endless hassle. Let your insurer take care of it. If you do not have uninsured motorist coverage, which I find hard to believe, then call the other driver and ask him for a copy of the insurance report he made to the Air Force. Then make a call to that person and demand payment. If they waffle get in touch with a local lawyer.    ... Read More

The right answer to this is not what you will want to hear. Generally home insurance policies do not respond to a widespread felt risk. Each of you will have to have a lawyer review your policy language to make a determination. If there is an issue in the homeowners' policy that you feel the insurers are being unfair about, some of you could get together and bring a class action or individual actions if necessary.  Our office is available to review policy language with no obligation and no attorney cost to see if there is a basis on which to go forward. If you can establish to FEMA's satisfaction that some aspects of your loss are critical and uninsured you may, and I stress may, recover some limited assistance form FEMA. The following is a link to FEMA's website and may be helpful:- www.fema.gov/disaster-help-available-if-I-have-insurance    Thatcher Stone      ... Read More

This is a question that will involve examining the specific dates of your efforts to contact the company, and the specific types of damages that you and your family suffered. You should consult with an attorney and discuss this matter at length. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More

If your grandmother obtained the policy on your mother's life, it is her right to receive the proceeds. However, if you think the policy has you as the beneficiary, then you would have to bring an action against your grandmother, which will be difficult. If the niece has taken the paperwork, then you would also have to bring her into the case. The question is whether the size of the policy warrants bringing an action. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More

I am sorry to hear about your car and hope that everything else fared well in the storm.  Keep trying to contact the insurance company. They are likely overwhelmed with claims at this time.  I also recommend mailing them a letter by certified mail, return receipt requested explaining your loss and that  you would like to make a claim for the damages to your vehicle.   Read your insurance policy regarding this and be sure to conform to any details.  It is often better to send in the proof of loss by mail so that there is record of it.  Keep calling and send the information by mail as well with all of your contact information.  Hopefully you will get through to someone soon.  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

No.  Attempting to force someone to change a beneficiary is against the law.  The person needs to freely make changes to beneficiaries and needs to be of a sound mind. The person cannot be under any duress or pressure to change beneficiaries.  The fact that you are a caregiver for the ill person would likely equal duress.  This would be illegal.  If you have ever done such a thing before with your position, I recommend you turn yourself in as you likely committed an illegal act and took advantage of someone who depended on you. NOTE:  This response should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

You will not be able to address the child support due to the time that has elapsed, unless a judgment was obtained and 'maintained'. Additionally, there are entities that can perform a mailing that will determine whether there exists a valid policy of life insurance. Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com  ... Read More