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Florida Insurance Bad Faith Questions & Answers
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.

3 Answers | Asked in Insurance Bad Faith and Car Accidents for Florida on
Q: a vehicle was totaled by insurance i have stored it i want to be payed or i want title

my friend had an accident i payed for the vehicle to be towed to my residents. The Insurance company totaled the car. It has been stored at my property for several months.I now want the storage fee payments and the towing fee payment or i want the title of the vehicle.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 20, 2019

So what do you want to know? Send the pertinent parties (the fiancé company if any, the insurance company, and your friend) letters requesting that they sign the title to you or pay your storage fee.

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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Employment Law for Florida on
Q: Is it illegal for a health insurance company to give answers to state exams

Can a insurance company give new hires a cheat sheet of answers to the 440 insurance exam? Also cheats on cms

My insurance company I recently started working for gave the whole class before and after me as well as my class a cheat sheet with all the answers to the 440 insurance exam. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 28, 2019

I am sure there is a way to file some sort of complaint; however, I am not sure what the Department would do with it.

You must also know that--if you do complain--you will likely not be well-liked among your peers, not in the Department.

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.

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