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Insurance Law

Insurance law is the law that surrounds and governs insurance, insurance policy and insurance claims. There are three different categories that insurance laws are broken down into: regulation of the business of insurance, regulation of the content of insurance policies and regulations of claim handling. Listed below are a few questions answered by the Experts on issues related to insurance laws..

Can an insurance company call and ask a tow truck driver about information regarding a person if they were in an accident? Can they also give out personal information on the person to the driver?

If the information that the insurance company is trying to obtain is about the accident, they can ask the tow truck driver certain questions. If the information shared by the company also pertains to the accident or claim, they would still be within their rights However, if the insurance company is giving the tow truck driver a person’s whole driving history or other personal information, this would be against the law and a complaint can be filed with the State Insurance Commission.

A person’s car was wrecked in an accident. Is there any liability of the insurance agency to mandate/require proper coverage on the car as it had a loan? Would the insurance agency be liable for anything if they had not sent the proper paperwork stating the coverage on the vehicle?

The insurance agent only needs to give the minimum coverage for the jurisdiction that the person is located in. If the person had a good relationship with the insurance agent where the agent took care of the policy and made sure that it was reviewed every year, they could impose a liability for negligence on the part of the agent based on the fact that the agent and person had a good working relationship. Therefore, the agent would know if the person was protected adequately. But if the insurance agent and the person only had a distant relationship, the agent may have no obligation towards the person.

In the State of Oklahoma, if an insured authorizes a public adjuster to represent them, is it against the law for the company adjuster to still contact the insured?

In the State of Oklahoma, it is not unusual for the adjuster to continue to call the insured to discuss a claim or ask the insured questions regarding the claim. This is generally not against the law especially if the claimant is making a claim against their own insurer.

Does the State Insurance Department have the right to ask a broker for their personal finance information if an agency has filed a complaint with them?

According to the law, the department has the authority to oversee anything with regard to insurance laws since they have been appointed by the state. If the person refuses to provide the information that is needed, the department may be able to suspend their license. Therefore, it is advisable for the person to cooperate with the department and provide them with the information that they need.

In insurance, there are several laws that individuals and brokers need to abide by. While the questions above may have answered some of your questions, they could be others that you may have that are specific to your situation. In these cases, direct your queries to Experts for insights and information to help with your case.

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Tina
Tina, Lawyer
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Recent Insurance Questions

  • I need a lawyer that specialized in Medical Debt. I live in

    I need a lawyer that specialized in Medical Debt. I live in Denver Colorado with my husband age 61. I am 66 year old. My husband had a couple of strokes two years ago. No insurance at the time. After 2 months in a hospital his medical bills ended with a balance of close to 100.000.00. He has not income. I have small income plus social security. We have a house with mortgage (65% that we still need to pay). Can they put a lien in the house? Should I do a quit claim deed to remove my husband from the mortgage. I did not sign anything in the hospital as a responsible person for the billing. Am I responsible to pay for his medical bills?. My husband has been denied disability and he will never be able to work again.
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    What type of lawyer should I consult concerning supplemental social security insurance fraud.
  • I live in Old Hickory, TN (Davidson County) On 10/04/14

    I live in Old Hickory, TN (Davidson County)
    On 10/04/14 (over 2 months ago) my wife's car was hitting by the ball-mount of somebody truck after he backed up while both of them were waiting in red traffic light, (although she honked to stop him from backing up, but he didn't stop and hit her car)
    The person truck didn't have any damage, but the wife’s car had a dent in the front bumper, they got out of cars and he wrote his name and phone number in a paper, but my wife didn't call a police. She called our insurance company and got a claim number.
    After about 3 weeks, our insurance sent a letter saying:
    1- “you don't have collision coverage" because I have liability insurance only and also "the information provided was for our records only"
    2- The person who hit her car never answers his phone & also our insurance talk to his insurance and they will contact you (also I got a claim number from his insurance company)
    Last week his insurance sent me a letter saying:
    “I called your wife on the line that was provided on 11/26/2014 and advised that since you do not have any supporting evidence – outside witnesses, surveillance or police report made at the time of the accident, as well as the fact that at initial contact it was reported by you that our insured was driving a truck when it was actually a sedan, also the statement provided by our insured that they were rear ended by you, I am siding with my insured and we are not accepting liability.
    I have 3 things about what happened:
    1- if it is not his fault, why he provided his information name & address & phone number!!
    2- Sedan most likely doesn't have a ball mount, so he was driving truck but I think he has more that one car (may be it's his house member car and he want to be not liable that's why he's saying he wasn't drive a truck)
    3- The other car insurance didn't want to pay to fix my wife’s car, after they made sure there is no witnesses, surveillance or police report
    So What can I do now?
    Is it late to call a police to do a report? Or even If I call the police, will not do a report because it’s over 2 months now? I mean: There is any time frame by law to report accident?
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