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Florida Insurance Defense Questions & Answers
1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: How am I supposed to respond to a car crash complaint filed against me with interrogatories when I have insurance?

A complaint from a person in a car crash was filed against me with many interrogatories and questions for me to answer, and they asked that I respond to them. However, my insurance claims representative told me to not worry about anything and that they will handle everything and ask me for help if... Read more »

Domenic J. Celeste
PREMIUM
Domenic J. Celeste
answered on Sep 4, 2022

It seems that you are being sued by the other person involved in the auto accident. In that case, your car insurance will represent you by hiring an attorney, if they haven't done so already. The attorney should reach out to you to discuss the accident, so they know how to answer the complaint... Read more »

3 Answers | Asked in Insurance Defense, Family Law and Education Law for Florida on
Q: I submitted paper work to claim a life insurance that my mom left me. There is a problem with her last name.

She died in PR im in FL. They are asking for a notarized form that says that she is the same person due to different last names. Im in FL the company is in PR. What can I do? Please help. Thanks!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2022

I don't understand your problem. Fill out the form, sign it before a Florida notary public, and mail it to the insurance company.

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1 Answer | Asked in Health Care Law and Insurance Defense for Florida on
Q: What channels exist for filing complaints against health insurance company?

I live in FL, employer / policy is from Washington state.

Plan coverage was changed mid-plan year without communicating to members. These actions negatively effected me which denied claims which earlier in the plan year were accepted. I can file an internal grievance with the insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2022

A Florida (or possibly a Washington) attorney could answer best, but your question remains open for a week. Many states have Departments of Insurance, Departments of Financial Services, or similarly named agencies that handle consumer-related insurance matters. Good luck

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... Read 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 -... Read 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... Read more »

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... Read 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...
Read more »

1 Answer | Asked in Contracts and Insurance Defense for Florida on
Q: I received a summons for a complaint for declaratory relief. I don’t know what it is or means

I don’t know if I should respond how I go about doing so, I also am wondering if this means they are suing me financially? This is from my car insurance company after they dropped me and paid nothing towards the accident.

Brennan R Block
Brennan R Block
answered on Sep 21, 2021

Generally, a lawsuit filed for declaratory relief involves someone requesting for a court to enter a judgment that states the rights of parties to the lawsuit without ordering any specific action or awarding money to either party. In your circumstance, the insurance company is likely seeking a... Read more »

3 Answers | Asked in Estate Planning, Family Law, Health Care Law and Insurance Defense for Florida on
Q: My father recently passed away after a 3 weeks in the hospital. During that time, the hospital tried to get him approved
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 14, 2021

Approved for what? You should repost your inquiry with more information.

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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... Read 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 Defense for Florida on
Q: Can I get compensation from boatyard for negligence?

Our boat was in a boatyard and a hurricane blew through. The boat was knocked over, but the boatyard forgot to mention it. Also while they were silent, the boat was stripped beyond repair. They are now offering to take the boat, but feel that not mentioning that it had been knocked over and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 26, 2021

You should review your contract with the boatyard; see if it says anything about their duties regarding reporting to you about what happened to the boat. It seems that, as a "bailee" they probably had a duty to at least watch the boat and protect it from being looted, but again look at... Read more »

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... Read 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...
Read more »

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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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: Personal injury

Formal letter sent to adjustor 30 days ago, she has not provided information requested.

If a lawyer filed suit, and the insurer lawyer is not able to present the insured. Would a default judgement occur? And would the insurer be responsible because they didnt respond to the letter? Within... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 20, 2020

So keep in mind that many lawyers in the state of Florida do not file lawsuit. Lawsuits require real work and deadlines and confrontation with opposing counsel, and spending money out of pocket to fight the case in court. Most lawyers choose to just try to attempt to settle the case with the... Read more »

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1 Answer | Asked in Real Estate Law and Insurance Defense for Florida on
Q: My husband and I lived adjacent to an apartment complex. During Hurricane Sally, a tree slightly fell at the complex

and the roots from that tree encroach on our property damaging our fence. 21 feet (.0744 acres) is landlocked property, which we do not own, however, we do own the fence, that is located on the landlocked property. The apartment manager has repeatedly ignored our emails since September. What rights... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2020

It is unclear what you mean when you write that it's your fence, but it is on the "landlocked property" which you don't own. If someone else owns the land upon which the fence is located, the fence is probably theirs too.

And no, you can't force them to pay. If...
Read more »

1 Answer | Asked in Insurance Defense for Florida on
Q: my fiance use his dads insurance despite of being almost 33 years old cause of special reasons, (mental issues)

i wish to know if he get married can he keep using his dads insurance since he is using it under special circumstances???

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 9, 2020

Ask the insurance company.

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Defense for Florida on
Q: Can my assets be brought into a previous lawsuit if we get married?

My fiancee was involved in a car accident while he was on his parents policy. One person did not settle and is now sueing. Can my assets be brought into the lawsuit once we get married in November 2020?

Charles M.  Baron
Charles M. Baron
answered on Jun 19, 2020

A party's assets are not an issue in such a lawsuit unless and until a money judgment is entered against the party, and then it's an issue only if there is no or too little insurance coverage to protect the party - for example, if a judgment for $50K is entered against the defendant, who... Read more »

2 Answers | Asked in Insurance Defense for Florida on
Q: I found my grandmothers Group Life Insurance Rider,Sears, Roebuck and Co; Effective April 1, 1966

does the rider have value since Sears court ruling was a judgement?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 2, 2020

You have to do a lot better than that to ask a question here. And the personal information is not necessary.

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2 Answers | Asked in Car Accidents and Insurance Defense for Florida on
Q: I signed up for full coverage on my vehicle because I am financing it. I have proof that the policy was changed. Help??!

I signed up for full coverage insurance on my vehicle because I am financing it. I got into an accident and now they are saying I only have baseline coverage. But I have documents proving otherwise. What can I do?

Charles M.  Baron
Charles M. Baron
answered on Apr 29, 2020

I assume by "they", you mean your own insurance company. Either you purchased a policy with the full coverage, or you didn't - it's in black and white on your policy and declaration page documents. Your first step is to confront the insurance company representative with the... Read more »

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