Merritt Island, FL asked in Insurance Bad Faith for Florida

Q: Does Brevard County circuit Court have jurisdiction over Claims less than $15,000?

Moved from New York about a year and a half ago cannot get my NY insurance carrier to pay a claim in August 2017. I have been fighting with them since, I would like to end this. The claim is only $1500 but I have a very sick wife and I am in need of money in order to help her.

Thank you

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: No, but the County Court does. $15K is the jurisdictional cap for County Court civil cases, so a claim for $1,500 must be filed there, at any County Court branch. However, sounds like you may have a venue problem. Simply because you moved to Fla. does not give you the right to file your claim in a Fla. Court. There must be some connection to Fla., such as entering into the agreement with the insurer while in Fla. or the NY company having a Fla. office. Consult an attorney in your area to determine where it can be filed.

You actually be able to get an attorney to represent you for no money up front, because when you sue your own insurance company, you may be able to get an award of attorney's fees. In that event, the attorney could make a lot more than $1,500, while you recover the $1,500 owed.

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