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Florida Insurance Bad Faith Questions & Answers
1 Answer | Asked in Business Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: As a life insurance agent, can I donate half my commissions to any parents at my daughter's school who purchases?

My daughter is in the Winter Park High School Band and we are always doing fundraisers. How much do we really make on selling coupon books or wrapping paper!?! I would like to approach the band director and offer to donate half my commissions to the band for any and all parents, grandparents,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2019

This is not a legal question; and I am unaware of any federal or state law that would prevent you from giving away all of the commissions you earn on all the insurance sale you make to all of your customers. Responding to your specific question: The only "problem" I can see is going to... Read more »

3 Answers | Asked in Insurance Bad Faith, Estate Planning and Probate for Florida on
Q: My brother's life insurance company is asking for a Legal Representative form. Where can I find this document?

My brother passed away he did not leave a will, he has no assets. Unfortunately he died 4 days before the contestable period ended for his life insurance policy. I am his beneficiary. The insurance company is asking for a Legal Representative form from me. How do I obtain this form? The... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 21, 2019

You should schedule a consultation with a local estate attorney to look at what documents you have and review your situation.

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2 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had

Is there a way that I can sue my step mother for withholding my deceased fathers insurance. If I have proof he had Insurance and told his mother, sisters, brother and kids what he had? Is there any way possible to sue her in any way?

Linda Liang
Linda Liang answered on Aug 16, 2019

If you have reasons to believe that your step mother is not beneficiary of the insurance and she claimed the insurance proceeds, yes, you can.

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3 Answers | Asked in Civil Litigation, Contracts, Insurance Bad Faith and Insurance Defense for Florida on
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... Read more »

Linda Liang
Linda Liang answered on Aug 15, 2019

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... Read more »

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Do Florida circuit courts have jurisdiction over claims less than 15,000 dollars?

We moved to Florida from New York City about a year and a half ago.

We cannot get our New York insurance carrier to pay a claim since August 2017. We would like to file a law suit from where we live in Brevard County for 1,500 dollars. Does circuit court cover claims for less than this... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jul 4, 2019

The state that has jurisdiction over your claim depends on in what state the claim arose. More facts are needed in order to determine who has jurisdiction and venue.

1 Answer | Asked in Insurance Bad Faith for Florida on
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

Charles M.  Baron
Charles M. Baron answered on Jul 3, 2019

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... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I have a family member coming to visit from another country. He has some health issues so I search and found an

insurance policy that would cover his 3 month stay. The policy limits are $50K max. If i take out the policy in his name but I pay for it and for any reason he does end up in the hospital and the bill is over the $50K could the hospital go after me because I payed for the policy even if the policy... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 22, 2019

No, the hospital could not successfully sue you unless you are legally responsible for his health care; you are not responsible simply because you obtain health insurance coverage for him.

1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Florida on
Q: My outside air conditioning unit caught on fire & was put out by the fire department. No one knows what caused it.

My home insurance will cover it less my deductible. In the mean time the manufacturer has agreed to replace it if I sign a release. Can I accept both offers legally?

Tim Akpinar
Tim Akpinar answered on Feb 14, 2019

If the manufacturer agrees to replace it, then it would seem there is no longer a loss for insurance to cover. If you choose the insurance company's payment, you have the deductible to consider. Insurance carriers will offset their payments, or choose not to issue payment, if a loss is already... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Can anyone help?

My daughter was in a car accident. It was her fault. Geico was the insurance company. 4 years after the accident she gets served because she's being sued. Geico never paid the claim. She was taken to court with the insurance company. The plaintiffs were awarded 3 million dollars. A judgment... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 2, 2019

Your daughter appears to be judgment-proof. In other words, the judgment creditor probably can't collect its judgment other than against GEICO (to the policy limits).

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I hired insur. tree co. to cut a huge oak. Limb made 5 holes in roof. His insur co. deducted depreciation.

Is this legal? Offered me $4800k for roof, estimate was $12,000. Should I consult an attorney ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2019

So the estimate was #12 K and they say the roof was depreciated so that it was worth less than that? How much would it cost to install a new roof? Yes, see an attorney?

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Florida on
Q: State Farm Insurance Company, my carrier, two days after I was hit by a person DUI of drugs who hit me with a 5,000 lb

truck causing my car to roll over three times and land on its driver side an inch away from a house after going through a line of trees and a fence said that I was eligible for "expedited settlement" even though I wasn't ready to settle and did not ask to settle. I already have had 4... Read more »

Mitchell Feldman
Mitchell Feldman answered on Dec 12, 2018

The first thing I will say is of course you need counsel and her attorney and why if you are seriously injured he did not obtain representation is contrary to your best interest. Do not try to play lawyer with the insurance company or insurance companies and the other parties. If you were seriously... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights and Insurance Bad Faith for Florida on
Q: Is there any case law that would support a claim against a Homeowner's Insurer for personal injury of a disabled adult?

Hurricane Irma hit the home in Plant City, FL, Sept 2017. HOI denied coverage and the HO Insurer's civil engineer assured disabled insured that the home was "structurally sound." The disabled insured remained in the home, relying upon the assurance of the Civil Eng, and became... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 18, 2018

Possibly though a lot will depend on the duty owed by a contracting engineer especially if their scope was just structural, not enviornmental. Contact a member of the Fla Justice Association--they give free consults. Look for one that handles mold cases.

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Florida on
Q: I need to file personal injury suit against my insurance because was in auto accident hit by uninsured what form to file

I am 1 month away from 5 years limit. I have been to sick to do anything. There is a primary and secondary both stalling. Primary which has had case 2 months just made very low offer not even covering bills.

Then my secondary which is my insurer didn’t think it was worth much, so I told... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 18, 2018

You should have contacted a member of the Florida Justice Association. They give free consults.

I can't give you legal advice on Florida pleadings but one way would be to go to your county court law library, ask them to help you look up a recent case involving uninsured motorist law,...
Read more »

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I feel like my insurance company is reading the terms of its contract in an unreasonable way when the language seems

super straightforward to me. What can I do to fight them?

Tim Akpinar
Tim Akpinar answered on Oct 5, 2018

I do not practice in Florida, but your question remains unanswered for three weeks. The facts here don’t indicate whether this is an auto, homeowner, or other type of claim. If the insurance carrier has issued a denial, you could show it to an attorney, together with all your information about... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Does the insurance co of other driver required to tell me their insurance was lapsed when I’m filing a claim with them?

I called to report the accident through the other driver that ran a red light and hit me. Called my ins and then called the other driver. They told me their driver has not filed a claim yet and asked what happen. No where in there during the entire conversation did they say his ins lapsed and he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 29, 2018

Did the insurance company tell you to go to the $1K/ visit doctor?

2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: Rear ended on the hwy in Florida totaled car/Insurance wants to pay 5dys rental/plus car.What are we owed?! It's 21days?

Hi on Aug 1 my husband was driving our Unregistered but insured in California SUV on the hwy in Florida when we got rear ended by a careless driver/Police report. We have major bumper damage as well as frame etc.I was taken to the hospital by ambulance/checked out and released..Insurance delayed... Read more »

Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Aug 21, 2018

Feel free to contact our Miami Location at 305 405-5372 and ask for Sarah or Kathryn, I believe they can discuss potential further options for you.

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1 Answer | Asked in Workers' Compensation, Civil Rights, Insurance Bad Faith and Insurance Defense for Florida on
Q: Workers Comp case Nurse Wants To Go in with me to my appointed Doctor's Appointment. Is she allowed?

Injured 2 years ago and still receiving treatment and therapy. I have a followup appointment with the doctor and the assign case nurse called me telling me she was going to be with me on my next followup appointment. Is this someting they could do?

Anna Katherine Stone
Anna Katherine Stone answered on Jul 25, 2018

Workers' Comp can assign a Nurse Case Manager to your file. We refer to them as the NCM. The NCM can meet with your doctors with or without you present. However, as a matter of practice, I send a letter to the carrier and NCM (if one is assigned) advising them I represent the claimant and... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Someone told me I could go after a person's homeowner's

insurance if they fell on me at a concert and i broke my leg - is that true?

Stephen Arnold Black
Stephen Arnold Black answered on Jun 15, 2018

Yes, it is possible. Discuss with counsel about bringing a lawsuit against the homeowner.

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Florida on
Q: My nephew purchased a motorcycle and recently was in a crash with it .

My nephew was riding cycle home and a deer jumped out in front of him and he stuck it and recieved so severe injuries from the crash. The insurance company and tag office registered the vehicle.Now the insurance company said the cycle came up stolen and refused to pay for crash he now has... Read more »

Drew Bruner
Drew Bruner answered on May 25, 2018

It sounds like your son received some very serious injuries as a result of this unfortunate accident. Although it may be difficult to recover damages from an insurance carrier in this specific fact set, it is important to contact an attorney whenever a carrier has decided to void coverage (in this... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: What's the penalty for filing a false insurance claim (for a car accident) in Florida?
Alex McClure
Alex McClure answered on Apr 12, 2018

This is a question more appropriately posed in the criminal law section.

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