Winter Park, FL asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida

Q: insurance company voided my policy for misrepresentation on application. should i cash refund check, is that admission

is that admission of guilt, they stated that when i filed out my application online (which i actually did over the phone with an agent, i answered the question falsely, but agent did ask me for much information. i am being sued due to accident my son had and i received refund. should i cash or wait until all this court stuff is over?

3 Lawyer Answers
Linda Liang
Linda Liang
Answered

A: The victim is suing you or the insurance company? If it is the Victim who is suing, you need to know you have no coverage at least at this moment. As far as whether cashing the check means admission, it is arguable because they reject your application for the reasons they believe it is true. You cashing the check could simply mean that you don't intend to waste time to argue with them. So it is not admission.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Correct me if I am wrong: You say you had an accident, tried to get your insurance company to step up to the plate but they found out you lied when you obtained the coverage--so they refused to represent you and sent your premium back. And so now you are worried if you cash the refund check it will be an admission of guilt? Guilt where? Really?

News flash: There is no such thing as an "admission of guilt" in insurance litigation. Cash the check and use it to pay a lawyer to defend you against what might otherwise become your worst nightmare--this month.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: I fail to see how any alleged misrepresentations in the application would be relevant to show negligence on the part of you or your son. If you are a witness to the accident, your honesty might be relevant, but otherwise I see no problem with cashing the check.

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