Legal Actions Against Insurers

Summary

In California, you can bring causes of action against someone elses insurer, including bad faith claims, breach of contract, negligence, and fraud. For actions against an attorney, potential claims include legal malpractice, breach of fiduciary duty, fraud, and negligence. The statute of limitations for fraud is generally three years, starting from the last fraudulent act. Knowingly lying to the State Bar during an investigation can be considered fraudulent. An attorney threatening to embarrass a client or release unrelated information can violate ethical rules. If an attorney or law firm posts case details without consent, potential claims include invasion of privacy, breach of confidentiality, legal malpractice, and defamation. The accrual date for invasion of privacy generally starts from the date of the invasion. For misrepresentation of legal fees, potential claims include defamation, fraud, misrepresentation, and unfair competition. Antitrust claims can be filed for violations like price fixing, bid rigging, and monopolization. Unfair competition can be considered an antitrust violation

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California
In California, you can generally bring the following causes of action against someone else's insurer:
- Bad faith claim
- Breach of contract
- Negligence
- Fraud
Please consult a local attorney for precise advice.
What causes of action can i bring against someone elses attorney
In California, potential causes of action against an attorney could include:
- Legal malpractice
- Breach of fiduciary duty
- Fraud
- Negligence
Please consult with a local attorney for precise advice.
What is the statute of limiations for fraud if there were multiple acts
In California, the statute of limitations for fraud is generally 3 years. However, if there were multiple acts, the clock may start from the date of the last fraudulent act. Consult a local attorney for precise advice.
Does knowingly lying to the state bar constitute as fraud if an attorney is under investigation
In California, knowingly lying to the State Bar during an investigation can indeed be considered fraudulent. Specifically, it can be seen as:
- Obstruction of justice
- Violation of professional conduct rules
It's best to consult with a local attorney for precise advice.
Can an attorney threaten to embaress you or release unrelated information if you dont dismiss your case
In California, an attorney threatening to embarrass a client or release unrelated information can be seen as a breach of ethical rules. Specifically, it might violate:
- Client confidentiality rules
- Rules against using information to the disadvantage of a client
Consult a local attorney for advice.
If an attorney or law firm posts information about the outcome of your legal case on their website what causes of action can i bring
In California, if an attorney or law firm posts details about your case without consent, potential causes of action could include:
- Invasion of privacy
- Breach of confidentiality
- Legal malpractice
- Defamation (if false information is published)
Consult a local attorney for precise advice.
If opposing counsel posts false information about the outcome of your legal case on their website what causes of action can be brought against them
In California, if opposing counsel posts false information about your case, you may potentially bring the following causes of action:
- Defamation
- Invasion of privacy
- Misrepresentation
- Unfair competition
Please consult a local attorney for precise advice.
When does the accrual date start for invasion of privacy
In California, the accrual date for invasion of privacy generally starts from the date when the invasion occurred. However, certain exceptions may apply. Consult a local attorney for precise advice.
If opposing counsel misrepresents that you owe legal fees for bringing a civil action against their client what causes of action can be brought against them
In California, if opposing counsel misrepresents that you owe legal fees, you may potentially bring the following causes of action:
- Defamation
- Fraud
- Misrepresentation
- Unfair competition
Please consult with a local attorney for precise advice.
Can i file a lawsuit for antitrust against opposing law firm
In California, you can file an antitrust lawsuit against an opposing law firm if you believe they've violated antitrust laws, which are designed to protect competition. Potential causes of action:
- Conspiracy to monopolize
- Monopolization
- Restraint of trade
Consult a local attorney for precise advice.
What types of acts are considered anti trust
In California, the following acts are often considered violations of antitrust laws:
- Price fixing
- Bid rigging
- Market allocation
- Monopolization
Remember to consult with a local attorney for precise advice.
Is unfair compition ant trust
In California, is unfair competition considered a violation of antitrust laws?
Answer: Yes, unfair competition can be considered an antitrust violation if it involves practices that restrict trade or competition, like monopolization, price-fixing, or bid-rigging. Always consult a local attorney for precise advice.
Can i hokd my statute of limiations by filing a complaint and amending it
In California, filing a complaint generally tolls (pauses) the statute of limitations. However, adding new claims through amendment may not extend the original statute of limitations. Consult with a local attorney for precise advice.
Can adding new defendants after filing a complaint still toll the statute of limiations
In California, adding new defendants after filing a complaint generally does not toll the statute of limitations. However, there are exceptions like the 'relation back' doctrine. It's best to consult a local attorney for precise advice.
What is rhe relation back doctorine
The 'relation back' doctrine allows an amendment to a lawsuit to relate back to the original filing date, even if it includes new claims or defendants. This can be used to circumvent the statute of limitations. Always consult an attorney to understand its application.
When can you apply the relation back doctorine
In California, the 'relation back' doctrine can be applied when an amendment to a complaint is based on the same set of facts as the original complaint. Consult an attorney for precise advice.
When i can file a breach of contract against someone elses insurance company
In California, you can file a breach of contract claim against someone else's insurance company if they have failed to fulfill their contractual obligations. This can include failing to pay a valid claim. Please consult a local attorney for precise advice.
When can i file a breach of fidicary duty against someone elses attorney
In California, a breach of fiduciary duty claim can be filed against another's attorney if they've violated duties such as loyalty or confidentiality, and you've been directly harmed. However, such cases are complex and rare. Please consult a local attorney for precise advice.
Is zurich insurance known to settle claims quickly
As a legal information provider, I don't have specific data about Zurich Insurance's claim settlement speed. However, it's generally known that insurance claim processes can vary depending on the complexity of the case. Always consult with a legal representative for personalized advice.
What is tortorous inference
"Tortious interference" refers to a situation where an individual deliberately damages someone's business relationships or contracts. In California, the elements of tortious interference include:
- Existence of a valid contract or economic relationship
- Knowledge of this by the defendant
- Intentional acts designed to disrupt the relationship
- Actual disruption
- Resulting damage
Please consult with a local attorney for precise advice.
When is interference statute of limiations
In California, the statute of limitations for tortious interference is generally two years from the date of the interference. However, there can be exceptions, so it's best to consult a local attorney for precise advice.
What is last element
The last element in a tortious interference claim in California is 'Resulting damage'. This means you've suffered harm or loss due to the defendant's interference. Always consult with an attorney for precise advice.
What is statute of limistions for civil conspiracy
In California, the statute of limitations for civil conspiracy is typically 2 years. However, this can vary depending on the underlying tort associated with the conspiracy. Always consult with an attorney for precise advice.
What happens if i dont serve a defendant with a summons in 90 days
In California, if you don't serve a defendant with a summons within 90 days after filing the complaint, the court may dismiss your case. However, you can request an extension. Always consult an attorney for precise advice.
Can i amend my complaint without permission
In California, you can usually amend your complaint once without the court's permission as long as it's done within a certain timeframe. However, subsequent amendments usually require the court's approval. Always consult a local attorney for precise advice.
What is the time frame
In California, you generally have 30 days to amend your complaint once without the court's permission after the defendant has responded. However, specifics can vary by case, so consult a local attorney for precise advice.
Can i amend my complaint before servinf the defendant
In California, you can amend your complaint before serving the defendant. This is typically done without needing the court's permission. However, always consult a local attorney for precise advice.
How is the tolling applied to covid
In response to COVID-*, California has provided temporary tolling for civil statutes of limitations from April *, *, to October *, *. Therefore, for that period, the statute of limitations was paused. Always consult with a local attorney for precise advice.
Does it add 180 days to a cause of action that startes on march *, *
To clarify, are you asking if the COVID-* tolling period in California extends the statute of limitations for a cause of action that began on March *, *?
Yes
The COVID-* tolling period in California does not extend the statute of limitations for cases that started on or after March *, *. It only applies to the period from April *, *, to October *, *. Always consult a local attorney for precise advice.
If the premise of a cause of action depends on a ln underlying civil case when does the statute of limations start to accrue
In California, the statute of limitations generally starts to accrue when the cause of action arises. For a cause of action that depends on an underlying civil case, it may start when the outcome of the underlying case is determined. However, specifics may vary, consult a local attorney for precise advice.
When is the final outcome of a case technically determined
In California, the final outcome of a case is technically determined when the verdict or judgment is officially entered into the court record. This is usually after any appeals have been exhausted. Consult a local attorney for precise advice.
So even if summary judgement is determined it is not final until final judgement is entered into the systme
That's correct. In California, a case is not considered final until the judgment is entered into the court record, even if a summary judgment has been determined. An appeal can still be made after a summary judgment. Always consult a local attorney for precise advice.
If i file a complaint on the exact day statute of limiations would run, have i met my statute of limitations requirements
In California, if you file a lawsuit on the exact day the statute of limitations expires, you've generally met the requirement. However, you still need to serve the defendant in a timely manner. Always consult a local attorney for precise advice.
So if i havent served the defendant than i miss my statute of limitations
In California, you've generally met the statute of limitations deadline if you file a complaint before it expires. However, you must serve the defendant within a reasonable time to avoid dismissal. Always consult a local attorney for precise advice.
What if i didnt know about the defamtory statement until later
In California, the statute of limitations for defamation is one year. However, the Discovery Rule may apply if you didn't know about the defamatory statement when it was published. This rule can potentially extend the statute from the date of discovery. Consult a local attorney for precise advice.
Unfair competition reqirements
In California, the main requirements to file an unfair competition claim are:
- Business practices that are unlawful, unfair or fraudulent
- Conduct that is unfair, deceptive, untrue or misleading
- Injury (lost money or property) as a result of the unfair competition
Always consult with a local attorney for precise advice.
Who can file an unfair competition claim
In California, an unfair competition claim can be filed by:
- Any person who has suffered injury in fact and has lost money or property as a result of the unfair competition.
- Certain public officials.
Always consult a local attorney for precise advice.