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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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Need to know who to file a claim against need to send two

Customer Question

Need to know who to file a claim against need to send two documents, front page of contract and denial letter. Company is Insurance, claim is breach of contract.
Submitted: 2 months ago.
Category: Legal
Customer: replied 2 months ago.
NEED TO SEND EMAIL SO I CAN FORWARD 2 DOCUMENTS
Expert:  CalAttorney2 replied 2 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 2 months ago.

Dear Customer,

Unfortunately as this is a general information forum and not a law firm, I cannot advise you as to the precise nature of your civil claim.

However, I can give you some general information on how to deal with denials of insurance claims.

In general, there are two possibilities here:

1) file a complaint with the CA insurance commissioner: http://www.insurance.ca.gov/01-consumers/101-help/ - quick, easy, often effective, and does not require you to retain a lawyer (possible downside is that this is not a civil claim, you do not get any type of civil damages, and if you end up suing later this can impact some of the leverage that you have in negotiations - not your legal rights, just your negotiation leverage (this is an opinion held by some bad faith litigation practitioners, not necessarily universal)).

2) You can sue the insurance carrier for bad faith coverage (essentially a very specific form of breach of contract). I strongly recommend retaining counsel for this - your insurance carrier will definitely be represented by counsel in this action, and they are very well equipped to defend these matters. It is possible to prosecute a claim like this on your own, but you will need to be prepared to spend a lot of time studying and preparing for each motion and each pleading at the local law library - it is not something that you can simply fill a few forms out online.

Customer: replied 2 months ago.
iT IS NOT A LEGAL QUESTION IT IS STRAIGHT FORWARD, DO i SUE THE INSURANCE CARRIER OR THE ADMISTRATIVE ARM THAT SENT THE DENIAL. All state is the carrier, partners alliance is the admistator
Customer: replied 2 months ago.
it is not advise of the claim but who do I file it against.

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