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Florida Insurance Bad Faith Questions & Answers
1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Q: What can I do if my GAP insurance doesnt want to Cover my Balance after car accident

I recently obtained a car from a dealer in Miami Florida everything worked out and I got a loan approval from chase auto financing. It included GAP as per the dealer Chase wouldn’t provide me a loan without it. So that was on 1/2/23 of the year. I only drove the car for about a month or so and on... View More

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

You can file a lawsuit for breach of contract or for declaratory relief against both Progressive and Dealer Protection Loyalty. I'd sue both because the GAP company may be right and Progressive may have undervalued what it should have paid.

When you're talking about only $7,208,...
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1 Answer | Asked in Insurance Bad Faith and Health Care Law for Florida on
Q: We need an attorney to help with long term health care insurance. We have been through a long process& tons of excuses

Long term health care is not honoring the agreement.

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2023

A Florida attorney could advise best, as insurance practices are largely governed by state law. However, your question remains open for four weeks. At this point, one option is to reach out to attorneys. In addition to your own searches, you could look into the resources of state or local bar... View More

1 Answer | Asked in Insurance Bad Faith and Contracts for Florida on
Q: My homeowners adjuster made a deal with my roofing company. Now new adjuster is lowering the amount, is that legal?
Tim Akpinar
Tim Akpinar
answered on Mar 26, 2023

A Florida attorney could advise best, as insurance practices are largely governed by state law. However, your question remains open for three weeks. As general principle, if you were presented with a written offer or proposal, that should be honored. However, in terms of changes, it could be... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: My insurance has comprehensive coverage which covers flooded cars. My adjuster is claiming that it wasn’t flooded.

My insurance adjuster called me today asking me really detailed questions that I’ve already answered before and asking me things he should’ve been asking a mechanic. My mechanic stated that the car was a total loss due to flood after several diagnostics and my adjuster ignored him and stated he... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 26, 2023

There are good and bad insurance companies, and the bad ones routinely deny valid claims and/or are extremely stingy because they figure their resulting higher profits will outweigh the losses caused by lawsuits. When an insurance company has no rational basis for its denial or stingy offer,... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Is the limitation for punitive damages of 4.5 times to max 10times limited to personal injury also apply to willful wro

Willful wrong done by corporation. Have life insurance case 2 lawyers will take. But I feel the case warrants punitive damages. 2 trial lawyers fail to return call. Case is either Florida or federal. The life insurance policy was a single premium variable guaranteed renewable. It can be... View More

Tim Akpinar
Tim Akpinar
answered on May 14, 2022

Only a Florida attorney could advise as to the limitation you mention, as it could involve state-specific law. But your question remains open for four weeks. As to the other more general legal issue you raise about warranting punitive damages, that is often up to the discretion of the court in many... View More

1 Answer | Asked in Family Law, Health Care Law and Insurance Bad Faith for Florida on
Q: My sons dad pays for health insurance for our child but his name was spelt wrong is there anything I can legally do?

He has to go through his employer to fix it. He has but his employer isn’t doing anything but his employer says he is. Is there anything legally I can do to get his name fixed so we can get the insurance that he’s paying for since march?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 12, 2022

It seems odd that a mere spelling error on the insurance paperwork should prevent you from getting medical care for your child. If the child needs medical attention, ask the medical provider to contact the insurer and get the care pre-approved.

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Florida on
Q: My insurance company failed to provide a dentist covered in network in time to save teeth do I have a case?

I started a multiple root canal and crowns with my insurance last year in December, the max time to finish the procedure safely was 21 day, it took 114 days for them to provide a dentist that was in network and had not dropped them. I find this excessive and unreasonable, because the failure to... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2022

A Florida attorney could advise best, but your question remains open for two weeks. For this type of matter, an attorney could require a dental/oral surgery professional's opinion in terms of the impact of the delays. That's why the question is difficult to answer. You could reach out to... 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

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 Contracts and Insurance Bad Faith for Florida on
Q: $5,000 or $%25?

In an insurance contractor contract it's specified that in order to exit the contract the claim owners need to pay the contractors %25 or $5,000. It is not specified which one takes precedence. Is it up to the contractor to choose which one or does it default to whichever one is less?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2023

A rule of construction (interpretation of contractual language) is that ambiguities are resolved against the party who drafted the ambiguous language. So, assuming that the other party (an "an insurance contractor", whatever that is) drafted it, it would be whichever is less.

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Contracts and Business Law for Florida on
Q: Are insurance companies legally inhibited from paying for insurance on a rental when paying for damages in Florida?

Insurance company stated that they are not obligated nor legally allowed to pay for insurance on the rental. When someone else hits you and their insurance is reimbursing you. It seems as though they should also pay for the insurance on the rental. Is the insurance company telling me a bs story or... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 10, 2022

Check your insurance policy. The terms of the policy determine if you have coverage for a rental or not.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Does home insurance cover a tier one solar panel system on florida? Internet says yes, insurance companies say no.

When u call insurance companies, they say we have to pay more for more coverage. Online it says it should already be covered. Feel like insurance company is lying. Pls clarify.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 6, 2022

It would depend on the terms of the policy. If the insurance company tells you that they would charge more for a policy that covers solar panel systems, they can certainly do that. Whatever you read on the Internet was probably a general statement and not about any specific policy.

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Real estate insurance claim recorded statement

I’m in a process of real estate insurance claim and adjuster wants to have a recorded statement from me. Do I really obligated to give him a statement or I can refuse a statement?! Also, most likely I’ll hire a lawyer, if the amount offered is low. A loss mitigation company was dispatched to... View More

Michael  Mayoral
Michael Mayoral
answered on Feb 25, 2022

It depends what your insurance policy says about the requirement to give a recorded statement.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Products Liability for Florida on
Q: My place was broken into and a month later truck was stolen police reports on both insurance wont pay what

Easier to explain on phone. Insurance company was wanting me to give then phone logs bank statements and all. The truck was stolen and wrecked not able to drive insurance company didn't send an adjuster and tow yard auctioned while husband was incarcerated. Extra keys were taken in first break... View More

Tim Akpinar
Tim Akpinar
answered on Feb 16, 2022

I'm sorry this happened to you and your husband. A Florida attorney could advise best, but your question remains open for two weeks. It looks like you want to explain your situation on the phone, but this forum doesn't work like a referral service. Attorneys can't reach out to you -... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Hi, I was tricked into getting security deposit insurance. I was told I was paying a security deposit by property manage

I was told that property management company that their tenants pay deposit through a third party company. I went through that website as instructed. And later found out I was paying a premium for security deposit insurance that doesn’t cover anything for me only the property management company.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 16, 2022

Could it be that the representative of the property management company was mistaken? When you went through the website you should have noticed that you were paying for insurance. If it means that much to you, you perhaps could sue the property management company even though you, in my opinion,... View More

1 Answer | Asked in Contracts, Insurance Bad Faith and Insurance Defense for Florida on
Q: For a stolen vehicle insurance claim against the insurance company what type of lawyer.do I need?
Tim Akpinar
Tim Akpinar
answered on Feb 11, 2022

A Florida attorney could advise best, but your question remains open for two weeks. You need an attorney who is experienced with auto claims, possibly dealing with insurance company special investigations units and sometimes criminal investigations. It might be difficult to find someone who... View More

1 Answer | Asked in Insurance Bad Faith and Probate for Florida on
Q: What’s the statue of limitation on life insurance

My deceased father made his sister a successor on his life insurance and I was a minor at the time of his death. I want to know did the agent have rights to release my portion of the money to my half brother who gained guardianship of me, being that my Aunt was the successor.

Justin  Stivers
Justin Stivers
answered on Jan 22, 2022

Have you contacted the life insurance company? Was a guardianship opened on your behalf? If so, money was probably released into the guardianship account. I would need more information to give a proper answer.

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Civil Litigation for Florida on
Q: Can my car leaser add damages to my credit if I choose to return it damaged even though I have gap insurance.

Hello. I want to return my car because I plan on buying a house early 2022 and don't want a car payment listed as a bill when I apply for loans. I got into a wreck last month. I only have pip insurance. It's a fairly large dent in the driver side of the door. The person's insurance... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 29, 2021

Your plan has serious flaws in it, not the least of which is a possible legal claim from the dealer seeking the remaining monthly payments that you agreed to pay at the beginning of the lease.

Whoever told you that you can just return a badly damaged leased car to whoever leased it to you...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Insurance Bad Faith for Florida on
Q: Is a Bails Bondsman allowed to hand cuff you, put you in a dark room, force the person signing for your bail to go to

their vehicle and get the purse of the person on bail and make the signer get into the purse and pull out a credit card and run the card for 3500 dollars and then bring the person on bail out to the desk still handcuffed and force them to sign a collateral receipt and take 50 dollars cash from the... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 12, 2021

For this issue, you must consult a criminal defense attorney (either hired by you or court-appointed). Bail bondsmen have certain limited powers to detain a defendant who has failed to appear in court while on bond. Whether the one in your situation went beyond their legal powers is a question... View More

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I just found a old policy that my dad and mom took out in 1971 from Independent life and they both are deceased

It's a old policy didn't know that they had this my dad died in 1993 and my mom died in 2021 and I was both of their caretakers

Charles M.  Baron
Charles M. Baron
answered on Nov 14, 2021

I just googled "Independent Life" and found that there used to be an "Independent Life and Accident Insurance Company" that was taken over by American General Life And Accident Insurance Company, and that there is an "Independent Life Insurance Company" that is a... View More

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