Ocoee, FL asked in Contracts, Insurance Bad Faith and Insurance Defense for Florida

Q: Sorry for long detail below. I have a question if i am entitled to a full refund from an auto insurance agency.

I am currently in FL, just recieved info from state farm auto ins that because of my wifes DL suspension,which was resolved before buying state farm, asked to determine an sr22 needed. DMV had no forms to prove that, responded back to SF information. Was told it was policy to drop us for her past suspension,come to find out we shouldn't of been insured by them in first place. Had proof when wife made policy,was asked about suspension,it was breezed by easily. They now have to ask in detail for future,because of us.

Q: Do i have a right for a full refund,should i involve lawyer?

2 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: Whether you at are entitled to a refund will largely depend upon your contract with State Farm. I suggest that speaking with an insurance lawyer is best.

Griffin Klema
Griffin Klema
Answered
  • Tampa, FL
  • Licensed in Florida

A: Depending on what State Farm did when you applied for the insurance, you may be entitled to a full refund. Depending on when you signed up with State Farm and when they cancelled your policy, you should be entitled to at least a partial refund. Under Florida statute 627.7283, when a carrier has not "earned" its premium, it owes the insured a refund for that portion that is unearned.

Depending on your paperwork from State Farm, it may have admitted that it would have never insured you or your wife, and you may be able to make a request for a full refund of the premium paid.

If you would like assistance with this matter, I may be able to help you further on a contingency basis.

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