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Florida Insurance Defense Questions & Answers
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...
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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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1 Answer | Asked in Health Care Law and Insurance Defense for Florida on
Q: In florida can health insurance pay for medical care due to an accident if auto insurance refuses to pay?

In the state of Florida I received medical treatment due to an auto accident, had it billed to my auto insurance as a Personal Injury Protection claim, and the auto insurance is refusing to pay due to the deductible not being met, is it legal for me to have it billed to my personal health insurance... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 22, 2020

So your PIP deductible is likely $500.00 or $1,000.00 and the bill you refer to are under that amount. Therefore, until your medical billing related to the auto accident go over your deductible, your auto insurance will not pay anything. However, your health insurance company should pay the bill.... Read more »

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 »

2 Answers | Asked in Banking, Business Law and Insurance Defense for Florida on
Q: work comp insurance thru a payroll company.

Hello I have a small business with a work comp insurance thru a payroll company. I had a injured worker and the payroll company was paying the injured working. Without telling me the payroll company started paying the injured work thru my bank account. The total they have taken out of my account... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 10, 2020

This may not be the advice you are seeking but I am giving it to anyway--because you really need it:

The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses...
Read more »

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2 Answers | Asked in Car Accidents and Insurance Defense for Florida on
Q: Can a person sue my insurance in a accident if no one was at fault
Josh Corriveau
Josh Corriveau answered on Feb 27, 2020

Yes. In some cases liability is disputed (i.e., how the accident happened). If the other driver claims the accident was your fault or you did not comply with the rules of the road, the other driver may sue for damages. In Florida, you may also be a percentage at fault. For instance, a jury may find... Read more »

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1 Answer | Asked in Insurance Defense for Florida on
Q: HELP! Subrogation defense case??

I was involved in an accident where I struck the corner of a trailer (not the vehicle) and the two occupants in the vehicle (not the policyholders) are now claiming bodily injury. At the scene of the accident, they said they were not injured and they resumed work following the accident. GEICO is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 10, 2020

Do you have insurance? If so, contact you insurance company immediately and get them to take care of it.

I find it hard to believe that they are asking that you pay $50 per month on a $400 k claim. that wouldn't be a drop in the bucket; you'd never pay it off at that rate.

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 »

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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3 Answers | Asked in Traffic Tickets, Car Accidents, Insurance Defense and Intellectual Property for Florida on
Q: My sister crashed into a lady's car, while no major damage recorded by the cop the lady is suing us for over 10K+ estim.

My sister had a minor car accident when she hit an old lady's car while changing lanes, but it wasnt a major accident as it only scratched the lady's car. The cop gave my sister just a warning as it was her first accident and the damage was really low, even the lady said she wasn't... Read more »

Griffin Klema
Griffin Klema answered on May 3, 2019

I would be pleased to discuss how you can defend the case: 202-713-5292 (cell).

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3 Answers | Asked in Intellectual Property and Insurance Defense for Florida on
Q: How can i retrieve property that has been turned over to the state Escalator?

My wife has been deceased. i received a letter from Human Insurance staining that fifty eight dollars and ninety seven cents is in the State Spectator position. How can I retrieve the above property? I can provide copies of marriage and death certificate.

Thanks for your kind attention.

Griffin Klema
Griffin Klema answered on Mar 22, 2019

This is not an intellectual property question (or insurance defense), but rather a personal property issue. It's unclear from your question what you're referring to. State Spectator? I've never heard of such a thing. Maybe ask the insurance company that sent you the letter what to do?

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1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Florida on
Q: My outside air conditioning unit caught on fire & was put out by the fire department. No one knows what caused it.

My home insurance will cover it less my deductible. In the mean time the manufacturer has agreed to replace it if I sign a release. Can I accept both offers legally?

Tim Akpinar
Tim Akpinar answered on Feb 14, 2019

If the manufacturer agrees to replace it, then it would seem there is no longer a loss for insurance to cover. If you choose the insurance company's payment, you have the deductible to consider. Insurance carriers will offset their payments, or choose not to issue payment, if a loss is already... Read more »

2 Answers | Asked in Civil Rights, Insurance Defense, Probate and Public Benefits for Florida on
Q: How can I get a lawyer to assist with getting homeowner's insurance to respond after Irma damage and or management?

It has been over a year already since Irma hurricane and my mother has yet received any services for the damages. Her case remains open but my day to day concern is that her inside roof is falling and at any time can collapse. The insurance tell me you need to contact your property management and... Read more »

David M. Goldman
David M. Goldman answered on Jan 7, 2019

Consult with a property attorney who deals with hurricane damage.

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2 Answers | Asked in Criminal Law, Insurance Defense and Intellectual Property for Florida on
Q: Can criminal Lawyers file a law suit?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 27, 2018

Sure. Attorneys licensed to practice law in Florida (or in any other state for that matter) are not limited to any particular area of law, such as criminal, civil, etc. Many however emphasize such a particular area of the law, but they are not prohibited from practicing in other areas.

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