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Florida Insurance Bad Faith Questions & Answers
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.

Tim Akpinar
Tim Akpinar answered on Dec 20, 2020

A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, an attorney can assert a lien against the award in a personal injury check for their services and out-of-pocket disbursements. However, each state can handle the issue differently, governed by case... Read 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... Read 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... Read 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.:... Read 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... Read 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... Read 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... Read 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+... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: My stepson totaled my wife’s car, he isn’t on my insurance policy, can I be compensated from his insurance for my loss ?

My insurance paid the vehicle off, I lose my down payment and 8 monthly payments made.

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

Yes, perhaps, if he was at fault.

1 Answer | Asked in Insurance Bad Faith and Securities Law for Florida on
Q: At age 71 the Mortality Table estimated my death at age 78. Yet a CFP recommended an Allianz Annuity Fixed Index which

would provide monthly payments to begin at 81! And draconian penalties should I seek withdrawals in the first 7 years.

Do these facts indicate a breach of Fiduciary Duty, fraud,etc. on the part of the CFP and or Allianz. My tel.no. is 561 400-2721.

Samuel B. Edwards
Samuel B. Edwards answered on Dec 29, 2019

Generally speaking, there are very limited reasons to sell an annuity to someone who is over 70. Based on the limited facts you have provided here, it seems like this would have bee a completely unsuitable investment for you and could be a breach of fiduciary duty as well has violation of various... Read more »

2 Answers | Asked in Insurance Bad Faith for Florida on
Q: Can I sue my agent for not trying trying to find a l less expensive company knowing that my premium would be going up

I've been with this agent for 15 years and called 3 different times through during the years for a price check on different companies. I was told by my agent that the company That I was with would be the cheapest. This was not the truth. I decided to go with another agent who pulled a quote... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 25, 2019

If you didn't actually lose money by paying a higher premium, you are not damaged in any way (other than aggravation) and therefore have no ground to sue. If you did lose money, theoretically, you could sue for professional malpractice (negligence), but for only a $1K difference, it would be... Read more »

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1 Answer | Asked in Insurance Bad Faith for Florida on
Q: I want to file a complaint against my agent for homeowner insurance gauging. How do I go about doing this?
Charles M.  Baron
Charles M. Baron answered on Nov 25, 2019

I presume you mean gouging, not gauging, and your question is vague about what occurred. In any event, certain categories of complaints regarding insurance providers can be made to the Florida Dept. of Financial Services - see https://www.myfloridacfo.com/Division/Consumers/needourhelp.htm.

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