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Florida Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Consumer Law and Contracts for Florida on
Q: Can I sue my GAP car insurance

My car was totaled on 11/29 car insurance paid $5,805.18 to my car loan leaving a balance of $1,346 for GAP to pay out. They denied the claim for “Unrelated Previous damage”. We believe the denial claim is forged by my car loan company due to when we called the GAP company a representative said... View More

James L. Arrasmith
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answered on Jan 10, 2025

You can pursue legal action against your GAP insurance provider if you believe they wrongfully denied your claim. The fact that you received conflicting information - a denial letter citing "unrelated previous damage" versus a representative stating they're no longer paying claims -... View More

2 Answers | Asked in Contracts and Insurance Bad Faith for Florida on
Q: In Florida, what steps must be taken for a private Lessor to repo a vehicle from Lessee, they are in contract with?

contract for a vehicle where a family member was the holder of the vehicle's loan, the bank held the title. he was a lessor and lived in SC, where the car was licensed and registered. The Lessee lives in FL and was making loan and insurance payments to the Lessor. The contract specifically... View More

Erik A. Perez
Erik A. Perez
answered on Dec 27, 2024

In Florida, a lessor can repossess a car without prior notice to the lessee, provided that the repossession is conducted without breaching the peace. According to Florida law, Lessor’s right to possession of goods., a lessor has the right to take possession of the goods after a default by the... View More

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2 Answers | Asked in Insurance Bad Faith for Florida on
Q: Third party bad faith claim help needed.

Apparently if this is true I need help immediately.

you can sue an insurance company in Florida for mishandling a third-party bad faith claim:

What is third-party bad faith?

A third-party bad faith claim occurs when an insurance company fails to settle a claim made against... View More

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2025

A Florida attorney could advise best, but your question remains open for two weeks. You are correct - you did a good job of outlining examples of conduct that could give rise to a bad faith claim. But it could be difficult to offer a quick short answer to your situation. Not paying policy limits,... View More

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2 Answers | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for Florida on
Q: Loss usage of property

My elderly mother has loss usage of her property. The county allowed a realtor to mislead her by telling her she had her own tree lined driveway knowing the driveway was in dispute. Tropic Shores Realtor in Hernando County FL. The seller covered up issues with problem neighbors and the drive. Two... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2024

"We can't get the judge to do a restraining order..." Was your mother represented by a lawyer in seeking such an order? If not, schedule a consultation with a lawyer in your area and start from scratch. If she did have a lawyer, any lawyer you consult with would have to review... View More

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1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for Florida on
Q: I will sue Hernando County which allowed title company to lie about a property. They have violated my property rights.

The real estate co and county told me it was my own driveway. Now they want to argue with me over it. They are allowing a local mafia protection racket to bully businesses and property owners out of their assets. They are doing it to many local residents over real estate and businesses. The county... View More

James L. Arrasmith
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answered on Jan 10, 2025

Your situation with the property dispute and alleged corruption in Hernando County sounds deeply troubling. Dealing with misrepresentation about property rights and encountering resistance from local authorities can be incredibly frustrating and stressful.

Given the serious nature of your...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Florida on
Q: How can i get compensation for someone damaging my car and insurance will not cover?

Someone crashed into my car while parked and their insurance wanted to total my car then decided to drop the claim through a text message. I called my insurance and they said I will be responsible the $1000 deductible and likely will impact my 0 accident history. The car is a 2023 Camry bought new... View More

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2024

A Florida attorney could advise best, but your question remains open for a month. I'm sorry this happened to you. Without GAP coverage, these situations are difficult and often unfair. Until you are able to consult with a local attorney to review all possible options, an immediate measure... View More

2 Answers | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is a plaintiff required to respond to defendant's opposition to an amended complaint?

provide rule governing response to amended pleading

Charles M.  Baron
Charles M. Baron
answered on Oct 25, 2024

It depends on (A) what you mean by "opposition" to an amended complaint (motion to dismiss?, answer and affirmative defenses?), and (B) which court you're in (State or Federal, and if in State, which level (small claim or a level above small claim?). I therefore suggest you post a... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Civil Litigation and Insurance Bad Faith for Florida on
Q: Is police bias and intimidation reason to sue.

The incident involved 3 separate depts. I was the victim but the other person called since I had no phone.

He stood in front of my car trapping me in a cult de sac. Stating he was about to get a pay check. Then he declared I ran over his foot. He intentionally placed his foot under the... View More

James L. Arrasmith
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answered on Oct 24, 2024

You may have grounds to sue if you believe you were treated unfairly by law enforcement, especially if there's evidence of bias, intimidation, or misconduct. If the police failed to investigate properly, ignored important details like the body cam footage, or treated you with bias due to their... View More

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Florida on
Q: I pay for insurance monthly it is a limited liability waiver included in my lease. Now that I need help with damages

Due to the hurricane The landlord is saying it doesn’t cover anything

Charles M.  Baron
Charles M. Baron
answered on Oct 14, 2024

Regardless of insurance coverage or lack thereof, the landlord is responsible for storm damage to the premises itself (but not the contents) - unless your lease states otherwise. For damage to contents, the insurance policy should state clearly in black and white what's covered and... View More

1 Answer | Asked in Insurance Bad Faith and Gov & Administrative Law for Florida on
Q: Insurance underwriter cancelled insurance said sent notice but not received by us mortgage company or agent. Is it legal

We never got any notice the mortgage company never got anything neither did our agent. Now having no insurance it will be much harder to get insurance. Is there any recommendation to get them to reinstate it

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2024

A Florida attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. If you were represented by an attorney in a property transaction, they might know more. Check with the insurance carrier how they provided notice - regular mail, email mail,... View More

1 Answer | Asked in Real Estate Law, Insurance Bad Faith, Insurance Defense and Probate for Florida on
Q: i went through probate trying to get the documents from this case it says not available to view. can I get my records

i went through probate i am trying to get the documents from this case, it says not available to view. how can I get my

records.

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 7, 2024

You will have to ask your attorney for copies, or you will have to contact the clerk of the court and request and pay for copies of the documents that you need.

2 Answers | Asked in Insurance Defense, Personal Injury, Civil Litigation and Insurance Bad Faith for Florida on
Q: Could we be held financially liable if our adult son is on our insurance policy?

We have a 19-year old son who has his own insurance on a paid off car that is titled to a trust that solely has the vehicle in the trust (vehicle trust). However, he lost his job is now not able to pay for insurance. We would like to know if we add our son to our insurance policy and the car... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 14, 2024

No, it is unlikely that you could be held liable for having him on your insurance. Liability normally results from negligent action on the part of a driver, not co-insured such as you would be.

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1 Answer | Asked in Contracts, Personal Injury, Insurance Bad Faith and Legal Malpractice for Florida on
Q: I have a roof claim that was settled through mediation in Jan, it is now May with no release or money, what can I do?

My attorney claims he has been "hounding" the insurance company, the insurance company tells me they have not received payment instructions, my attorney says he sent them. Lots of finger-pointing while my family and I are being financially harmed because we can't get homeowner's... View More

Joel Gary Selik
Joel Gary Selik
answered on May 10, 2024

What you are going through is not uncommon. I now add to agreements a date certain, where possible. Your attorney can threaten to pull the settlement or make a motion to enforce.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Florida Homeowners claims questions:

House suffered a pipe burst that sat for 24 hours. Home flooded 1” during that time. Back half of the first story is affected.

Are my personal property contents covered?

Does the Florida mold limit of $10,000 include contents as well as structure or are those separate limits that... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 29, 2024

The coverage categories and limits are stated in your insurance policy. Either it's plainly covered or not. Should be clear, and an insurance agent should be able to explain, but if not, schedule a legal consultation. Also, you state that a pipe leakage flood caused damage. If water itself... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Can I file a claim with the carrier if I was refused a bill of lading?

I shipped my car from state to state. At the time of picked up there driver did not provide any Bill of lading to be signed. When the carrier dropped the car off, there was damages to the car. The driver refused to provide a sign bill of lading. Can their insurance company refused my claim as the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 4, 2024

The fact that the shipper did not give you written acknowledgement of the damage doesn't absolve your insurance company of liability. An affidavit from you should be sufficient.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I need to sue my own auto insurance company. Is there anyone that can help me with that in Pensacola Fl?

I have been mishandled lie too and am going thru mental anguish due to my own auto insurance company. It seems nobody will help me.

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2024

A Florida attorney could advise best, but your question remains open for three weeks. You could supplement your searches with the "Find a Lawyer" tab above, which lists attorneys by region and practice area. You could also look into the attorney referral sections of local and state bar... View More

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Health Insurance deny my claim stating is out of network but paid previously a claim ?

Please help ? My insurance processed a wellness claim at a different location of a hospital with the same name. Later, I received a referral for a specialist and had sonograms at the same hospital but in a different location. Despite being labeled as an out-of-network service by my insurance, the... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2023

Only a Florida attorney could advise, as a good portion of insurance and consumer laws are governed by state provisions. But your question remains open for three weeks. Until you're able to consult with a local attorney, you could check the backsides of any denials or EOBs - they sometimes... View More

1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Florida on
Q: Physician orders require me to visit family to overcome depression. My LTC insurance deducts from my benefits. Legal?

Insurance provider says my policy only pays my custodial care if I am physically in my facility. I can visit my family but they deduct for each day I am away which is 4 days per month. i.e. $1,200 per month.

Charles M.  Baron
Charles M. Baron
answered on Oct 14, 2023

This issue likely depends on the language of your insurance policy. First, ask the insurance co. to tell you which specific section of the policy applies. Then, to be certain of your rights, consult an elder law attorney.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: dental in april said my remaining 7 front teeth were so bad that they had to go . and iwould need bottom denture .

I can't afford that they said this will be all covered by your insurence I agreed then trrth pulled , temp. bottom plate when back several times for bone spur a7 adustments Never aver being asked for any kind of payment , THEN APPROX. 4 WEEKS AGO RECEIVED PHONE CALL FROM DENTAL MANGER... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2023

You indicated that the insurance company assured you everything is covered, and the dental office advised you they are working on it - meaning they are working on it to confirm the coverage? And meaning that in the next day or two, they may call you and tell you the coverage is fine and to come on... View More

1 Answer | Asked in Contracts and Insurance Bad Faith for Florida on
Q: Good day. Are any of the attorneys aware of any individual or class action lawsuits filed by Florida attorneys against

Good day. Are any of the attorneys aware of any individual or class action lawsuits filed by Florida attorneys against Lincoln National Life Insurance Co. for illegally terminating life insurance policies for alleged non-payment of premiums , please? Thank you!

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2023

A Florida attorney could advise best, but your question remains open for two weeks. At this point, you could research online or reach out to attorneys who handle life insurance litigation. Good luck

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