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Florida Insurance Defense Questions & Answers
3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for Florida on
Q: Tripped over cord in friend's house, broke arm, seeking legal advice.

I live in Lakeland, Florida, and I was helping my friend clean their house to prepare it for sale. Unfortunately, I tripped over a cord that wasn't visible and broke my arm severely. I underwent a 6-hour surgery to insert rods, screws, and a metal plate in my elbow. My friend's house is... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 10, 2025

Yes, I think you have a claim. Your claim would be stronger if you took a picture to show that the cord was concealed or hidden from obvious view. However, that would not be indispensable for you to pursue a claim. You should retain an attorney on contingency fee here in central Florida, which... View More

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1 Answer | Asked in Personal Injury, Real Estate Law, Landlord - Tenant and Insurance Defense for Florida on
Q: Liability for slip and fall in iced over rented commercial property in FL.

My friend slipped and fell in the parking lot of my rented commercial property in Florida, which was iced over and had no warning signs. She requires surgery but did not notify the property owners because she said she has insurance and will be fine. I am required to maintain insurance for in and... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

If there's FAULT on your part, liability could potentially lie with both you [your business] and the landlord. Whether there's any potential court-finding of fault is an issue that would take a close examination of the facts and circumstances.

0 Answers | Asked in Car Accidents, Consumer Law and Insurance Defense for Florida on
Q: Received $1800 invoice for damage after rear-ending a rental car.

I was driving a rental car and rear-ended another driver who was also in a rental—specifically, a loaner from a dealership. The damage appeared minimal at the time, and we exchanged information. Recently, I received an invoice for $1800 from a body shop regarding the other driver's vehicle.... View More

0 Answers | Asked in Consumer Law and Insurance Defense for Florida on
Q: Can I get my insurance reinstated after misrepresentation issue?

I am a new driver, and my auto insurance with Direct Auto Insurance was canceled due to a misunderstanding. When applying, I misunderstood a question about whether others over 15 years old reside in my household and answered incorrectly. After my first accident (which involved a parked car in a... View More

0 Answers | Asked in Consumer Law, Insurance Defense and Contracts for Florida on
Q: How to dispute a rental car damage claim?

I received a damage claim for a car rental amounting to over $2,000. During the rental period, the car was never unattended, and no incident occurred. Photos from the rental company don't show visible damage, which I wish to challenge. The rental included supplemental liability insurance from... View More

2 Answers | Asked in Car Accidents, Personal Injury, Wrongful Death and Insurance Defense for Florida on
Q: Legal actions after son's fatal accident driving uninsured friend's car in FL.

My son tragically passed away in a traffic accident while driving a car that belonged to a friend's mother. The mother insured the car for her own son to drive, despite knowing he didn't have a driver's license. Her son let my son drive the car, even though my son also didn't... View More

James Clifton
PREMIUM
James Clifton
answered on Feb 20, 2025

I'm sorry to hear about the loss of your son. Any time there is a death or serious bodily injury, you need to be represented by an attorney. Determining fault is key to your wrongful death claim. Your son could bear responsibility if he drove negligently. The friend might be liable for letting... View More

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Florida on
Q: Should my dependent student daughter in Florida get her own auto insurance to protect my assets?

I live in Florida and have a 19-year-old daughter who is a full-time student and financially dependent on me. She owns her car outright and currently, I cover her with my auto insurance policy. I am considering whether it's a good idea for her to have her own auto insurance policy. Would... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

A Florida attorney could advise best, but your question remains open for two weeks. Yes, your concerns are valid. It would definitely be a good idea to consider a separate policy. A Florida attorney could advise definitively as to any state-specific laws, but as a general rule, the answer to your... View More

1 Answer | Asked in Family Law and Insurance Defense for Florida on
Q: Court ordered medical insurance for a exspouse who is going on Medicare and did not choose a part C plan. Part A and B

Not an issue, but pharmacy insurance is being demanded as well. If she chose not to take an advantage plan which included pharmacy does the ex have to add this additional coverage and cost. The order States that each party is responsible for their own uninsured medical, dental, hospital, optical,... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 16, 2024

You need to follow the court order as you understand it. If it is ambiguous and there is a dispute then you have to go back to court. As long as you believe that you can justify your interpretation then do it and let the other party dispute it.

Speak with a local family lawyer for more...
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1 Answer | Asked in Foreclosure and Insurance Defense for Florida on
Q: Legal Representation Needed for Lawsuit Against Insurance and Mortgage Companies

Property damage claims in 2022 and 2024 Insurance Company, and mortgage companies have withheld in repair funds.

We need an attorney to:

1. File and pursue litigation against our insurance company and the mortgage company for breach of contract.

2. Secure the withheld funds... View More

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2024

A Florida attorney could advise best, but your question remains open for over a week. You have probably already been searching for attorneys. You could supplement your efforts with the "Find a Lawyer" tab above, which lists attorneys by region and practice area. You could also look into... 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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2 Answers | Asked in Insurance Defense and Real Estate Law for Florida on
Q: Bank wrongly imposed property insurance
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 27, 2024

This is not a question, its a statement. Please ask a question with facts.

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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 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 Defense for Florida on
Q: Can a repo company file an insurance claim on a repossessed vehicle

Car was repossessed and now the repo company is trying to file an insurance claim on the vehicle after it has already been taken off of the insurance.

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A Florida attorney could advise best, but your question remains open for a month. It could depend on how the insurance company handles it, but the short answer, without further details, is that most carriers generally limit the coverage to claims from assureds while a policy is in full force and... View More

1 Answer | Asked in Consumer Law and Insurance Defense for Florida on
Q: I have final settlement check for my hurricane damage. The final check was not given to me by my own lawyer.

continued.. How can I demand the check. No explanation was given to me and no answer was provided to me when I signed and completed settlement paper. No settlement check was given to me. My house was fixed but there's still pending check due to me that was not given to me by my own lawyer.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

Your post is not very clear. Apparently, your attorney hasn't responded to your communications. If you have the check, it's made out to you and your attorney, and your attorney endorsed it, there should be no problem with your depositing or cashing it.

3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 6, 2023

While it is possible they can go after your personal assets it is unlikely. Your insurance will cover you. Get your own attorney just to supervise the insurance company and insurance defense attorney to make sure you are protected.

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1 Answer | Asked in Products Liability, Traffic Tickets, Insurance Bad Faith and Insurance Defense for Florida on
Q: I recently purchased a 2021 BMW X5. They didn't disclose vital information to me

I told the car lot I was specifically looking for a car for my wife that had the front end collision prevention all the safety features available.

They showed me the X5 told me the vehicle would automatically apply the brakes if its getting too close to an object/person ran out. This was... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry to hear about your problems. Sounds like you need a product liability attorney. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

1 Answer | Asked in Insurance Defense and Consumer Law for Florida on
Q: Does New Jersey Automobile Full Insurance Underwriting Association still exist?
Tim Akpinar
Tim Akpinar
answered on Jun 16, 2023

There is an entity named "New Jersey Insurance Underwriting Association."

Here is their web address: https://portal.njiua.org/

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