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Florida Insurance Bad Faith Questions & Answers
1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Insurance Defense for Florida on
Q: Do I have recourse against my insurance agent?

I was having trouble getting my older boat insured. My friend/agent said he would probably just put his name on it so we could get it insured. Mind you, he has nothing to do with the boat nor has he invested in it. He strictly put his name on it to get it insured. The boat sank. Insurance company... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 6, 2021

Reading between the lines I have a feeling that your "friend/agent" works for the insurance company; am I right?

If so you can file a complaint against your agent with the Department of Financial Services, Division of Insurance Regulation.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: My pull behind camper burned in our yard. (neighbor fire). Have 78K personal property coverage. Will homeowners cover?

We live in Florida, have State Farm Insurance with a 78K personal property coverage and 315k for house. Entire back yard, Camper, and Utility trailer burned from a neighbor down the road burning pallets. (Deemed non arson). We owe loans on both trailers..9K to 1st Premier bank and 4K to Sheffield... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 27, 2021

Have an attorney look at the policy to see if State Farm is reading it correctly.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: How to revoke insurance license from operating in state of florida

Insure company stepped out of Florida guidelines by violating rules.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 5, 2021

You don't. That's up to the state agency that regulates insurance companies. You have no standing.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida on
Q: Can a person sue you if you have a fender bender, no damage, in a company vehicle with company insurance?

On my way to work 2+ years ago, I bumped into an SUV in front of me doing less than 5 mph. I am pretty sure there was no damage to either vehicle. I was in my company pickup with the logo on the side. The person tried suing the company when it happened. I no longer work for that company now, but... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 3, 2021

It may depend on which court the original action was filed in. Rules for small claims, Florida state civil court cases which are not small claims cases, and federal district court cases are different. See for example

Florida Rules of Civil Procedure, RULE 1.170 and

Federal Rules...
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3 Answers | Asked in Insurance Bad Faith, Insurance Defense and Probate for Florida on
Q: What do i need to proceed - Not a beneficiary but father has life insurance

My father passed away, i am not the beneficiary. He had a life insurance plan i believe, i have a death cert. but thats it.

Evelyn Suero
Evelyn Suero
answered on Feb 2, 2021

My condolences for your loss. If the estate is the beneficiary of the life insurance policy, you will likely need probate administration. Consult with a probate attorney in the state where he resided for more information.

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1 Answer | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for Florida on
Q: How do you check to see if your attorney put a lien against you or if they are just trying to scare you.
Tim Akpinar
Tim Akpinar
answered on Dec 21, 2020

A South Carolina, or Florida attorney (two geographic regions are listed in your post) could advise best, but your post remains open for two weeks. As a general matter, the insurance carrier or the incoming attorney (if there is one) might have been placed on notice of a lien. Good luck

Tim...
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2 Answers | Asked in Personal Injury, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: FL-I fired a lawyer. I was not happy with the lawyer do I have to pay the lawyer a percentage of a ending settlement

The lawyer put a lien on me but they want to have their name added to the settlement and the insurance company is telling me that they have to put the lawyer's name on it. Even if the lawyer did not help with the ending settlement amount.

Joseph Coughlan
Joseph Coughlan
answered on Dec 29, 2020

Typically it will depend on your contract of representation. While unpleasant, it is not uncommon for attorneys to assert a lien against a settlement even if they were fired before the case settles. In such cases, they will have to formally put you on notice of the lien and the contract will most... View More

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1 Answer | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: Damage done to my Apartment in Clearwater Florida.

I live in an apartment complex in Clearwater Florida, the management company just had my A/C unit replaced. However the contractors who did the work did a lot of damage to my personal property however, and since no one was home to supervise them and the management company did not have anyone... View More

Tim Akpinar
Tim Akpinar
answered on Nov 14, 2020

A Florida attorney could advise best, but your post remains open for three weeks. Based on your description, this looks like a difficult and messy situation. If you are able to find resolution through insurance, that might be your most economical route. Even if you retained an attorney to pursue... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Are mobile home owners required to carry homeowner insurance in Florida?
Charles M.  Baron
Charles M. Baron
answered on Nov 3, 2020

Not under Fla. law; however, if there is a lender involved, it might require it, and if the mobile home is in a mobile home community/park, the landlord might require it. The following link gives good info for consumers regarding homeowners insurance in Fla.:... View More

1 Answer | Asked in Business Law and Insurance Bad Faith for Florida on
Q: Business Insurance Renewal- legal time limits?

My business insurance expires 9-13-20 They sent me the renewal application via email 8-11-20. I sent the completed application and sent it back via email 8-13-20. I have since sent the representative an email asking if any further information is needed and asked when can I expect a quote. Her... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 4, 2020

Whoa; slow down. You appear to be letting your wagon get out ahead of the horses here.

Before doing anything else, please go READ your current lease and see if it says anything about the landlord being required to "give you a quote" at any time.

Then re-read the new...
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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I had a brand new door made, I paid 50%. The door came in damaged, and the installer stopped half way through. NTO came

I made contact the day the door was installed with damage and the install was not completed. The installed said he didn't know when he could be back to finish. I emailed, called and when to the office with the issues. The sales Guy came took pics and was never heard from again. 30 days later... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 18, 2020

Is it worth suing them in small claims? That is probably the solution. Check the paperwork (your contract in other words) to see what it says about arbitration and attorney fees.

1 Answer | Asked in Personal Injury, Business Law, Car Accidents and Insurance Bad Faith for Florida on
Q: Taxi cab hit us, no insurance. Opening multiple LLC' to avoid prosecution? How is this legal?

They have no assets to go after as he is an LLC. How do I have little recourse against them as my attorney states a grim outcome?

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2020

A Florida attorney could advise best, but your question remains open for four weeks. Your attorney has as a point. This situation arises with commercial operators that are undercapitalized and underinsured (or worse, uninsured, as is the case with this vehicle). Your attorney has probably already... View More

1 Answer | Asked in Insurance Bad Faith and Landlord - Tenant for Florida on
Q: apt.complex is forcing me to make fraudulent renter's insurance claim

live on 2nd floor unit in building of 30+units/vacant unit below be flooded in early March/ flooding went unnoticed by management x weeks/ apt.manager called on 6/3/20 and states that the plumber found paper towels and baby wipes that caused sewage drain to back up/ I live in building that has 30+... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 8, 2020

If you have renter's insurance you should make a claim against the policy. Then get out of the dispute and let your insurance company deal with the landlord's insurance company--and all the others too.

1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Florida on
Q: request the validity of a service agreement be deemed invalid due to lack of contract termsFull name of adjuster missing
Charles M.  Baron
Charles M. Baron
answered on May 30, 2020

You seem to be sending this "inquiry" over and over again with different wording, yet you do not state what your goal is. Are you a party to the agreement, and if so, is other party breaching it? Are you seeking to get out of the agreement? Are you seeking your money back? Are you... View More

1 Answer | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Florida on
Q: Required terms on public adjusters contracts in Florida title 37 Insurance chapter 626 omitted full name of adjuster
Charles M.  Baron
Charles M. Baron
answered on May 30, 2020

You did not ask a question. You need help to accomplish what?

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Insurance Bad Faith for Florida on
Q: public adjuster Terms of engagement violation affect on validity of service agreement? Florida statute 626.8796

adjuster solicitation via email no license no and name not same as licensed name

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2020

You might get an answer if you use sentences and ask a question.

1 Answer | Asked in Criminal Law, Federal Crimes and Insurance Bad Faith for Florida on
Q: I want to cancel a surety bond (criminal) and get my name off I do not want the money back

I don't believe she will show up for her court dates and do not want to be responsible or jeperdize my assetts how do I get the bondsman to cancel the bond

B. Elaine Jones
B. Elaine Jones
answered on May 17, 2020

You just contact the bail bondsman and tell him you want to revoke your bond assistance and they can rescind the bond and pick up the individual and put them back in jail where they will have to try and get a bond posted for them again. Good luck.

Sincerely,

B. Elaine Jones, Esq.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Florida on
Q: My grandmother cashed out my grandfather's life insurance policy that I was the beneficiary of while he was still alive.

My grandfather had dementia and my grandmother took over all finances including taking money from a policy that was meant for me. Is that legal of her to have done that while he wasn't of sound mind?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 7, 2020

She may have had a durable power of attorney or have been appointed guardian. Ask the insurance company what documentation it has.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Insurance Defense for Florida on
Q: Clinic said they accepted my insurance, are billing me almost a year later. Insurance says they’re out of network.

I wouldn’t have gone if they hadn’t told me they accepted my insurance. Now I have a bill for $568. If they didn’t accept my insurance, why do I have records of my ‘co-pays’ of $40 and $20 (standard for my insurance)? Not only that, but I had to seek treatment elsewhere because they... View More

Jeffrey Snyder
Jeffrey Snyder
answered on Apr 2, 2020

First, get the explanation of benefits from your health insurance. Did the provider even send their bills to the health insurance at all? It sounds like they may be trying to "balance bill" you, which is illegal.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Florida on
Q: According to Florida Statute 768.28 in a civil case against citizens insurance ( under FL CFO) are fees capped at 25%?

The insurance is state run so the state office under Florida s Chief Financial Officer has to approve any settlement the state was the only one offering property insurance for obtaining a mortgage in march 2010 there was no other option for insurance it became a negligence claim after they offered... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 31, 2020

768.28 imposes restrictions on tort claims (such as negligence) against State and local government entities. A claim against your own insurance company (that is, a first party claim) for breach of its insurance policy is a contract claim, rather than a tort claim. Without doing the research, my... View More

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