Insurance Legal Questions

Due process is a legal term which does not necessarily apply to private payments between an insurance company and an insured.  The type of process which is required is generally found in the policy or, if it is an employer sponsored policy, then in the plan.  Most disability companies require periodic medical updates.  Often, after a year or two of payments, the definition of disabilty changes such that if you can do any work after two years, you are no longer disabled.  Also, plans may reduce payments by amounts received under social security disability. We have seen cases where the insurance company stops payment on disability claims to recoup offsets from social security.  If this is a workplace disability policy, there are some safeguards and ERISA will apply.  ... Read Answer

If you were injured in the accident, this is a classic reason to hire a personal injury lawyer ASAP. Even though many do not handle property damage claims, they do provide guidance to help address such issues so you know what to do. If you have further questions, please call our office at 1-800-922-6442 for a FREE consultation.... Read Answer

This is a decision that cannot be address on the cheap through an internet inquiry. You REALLY need to have this address with a lawyer you retain to address your professional and business issues. If you get pennywise and pound foolish with an insurance decision, you could find yourself ina bad situation that could have been easily avoided.... Read Answer

YOur insurance contract covers what it covers and pays the amount defined by its terms, as a starting point. If you have a $500 coverage for tree removal, you dont get money for damages that were not caused, nor does the neighbor. Only way to be sure though would be to hire a lawyer at an hourly rate to review your insurance policy see if there is something you missed.... Read Answer

I am sorry to hear about your wife's injury.  A successful legal matter regarding this would depend on whether or not your wife's slip and fall was because of a harm or hazard caused by the hotel. Or if the hotel knew of the harm or hazard or should have known of it.  For example, if your wife slipped because water had been on the floor for a significant period of time and was spilled by an employee of the hotel, then I'd recommend contacting a personal injury attorney.  Or if she slipped because of some kind of defect in the floors, carpet or stairs, etc., I'd contact a personal injury attorney.   HOwever, if your wife fell due to no fault at all of the hotel, she probably cannot recover. But to be sure, you may want to contact a local attorney in your area.  You should be able to get a free consultation without a problem.    Best of luck! NOTE:   This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read Answer

To see if the attorney who contacted you is actually in fact a practicing attorney, check this website:  http://www.floridabar.org/wps/portal/flbar/home/!ut/p/a1/hdDLDoIwEAXQX8EfYIqC1GVdmEDiY2GgdmOGdxUotkR-X0hcKsxuknNzJwMCOIgW37LEXqoW62kX2_tx5zDHpSSkLjuQIPKjwL86a3J2RnAbAfkzjCzlYxBzhJ28L5ipCBdL9iCyl1KXYbqXtcmGliB0XuQ613alTA98GAY7kW1pp6r5pUyOOq061NgY4EWttMzQSlBbmDXSmPFfBrqGk4f3jKlhqw-6U121/dl5/d5/L2dBISEvZ0FBIS9nQSEh/ About mid-way down the page on the right hand side you will see a "Find a Lawyer" box where you can type in the name of the attorney who contacted you to see if they are licensed.   This may help you in your decision making process.   Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney client relationship is formed or exists.... Read Answer

This needs to be reviewed by a lawyer to answer the question properly as there ra emnay many issues and questions to be resolved. For example, how do you know they were"over charging", why did you not notice this over ten years, etc...If you have other questions, please fee free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read Answer

If the other driver is now making a claim against you and/or your boyfriend for the damages to his car or for injuries he suffered in the collision, you need to contact your boyfriend's automobile insurance company and put them on notice of a claim being made.  If your boyfriend did not have insurance, you need to put your automobile insurance company on notice of the claim being made.  You must do this in a timely manner, as most policies have a clause requiring prompt notice of all claims and a duty to cooperate in the investigation and handling of claims.  If you fail to do so timely, they could deny your claim for failure to follow all conditions of the policy.  Call them today.  If a lawsuit is filed against you and/or your boyfriend, the automobile insurance will provide you with legal counsel to defend you. If neither you or your boyfriend had automobile insurance at the time of the collision, you will have to defend the action yourself, either on your own or with your own lawyer.  Best of luck to you.... Read Answer

  first please excuse the typing and word usage as I using speech to text technology. During the initial underwriting phase (many companies will issue a 30-day binder or something similar) if they find undisclosed or additional negative information which affects their rating formula, they can raise your premium and depending on what they find may even decline the policy and refund your premium.  I believe that if they raise the premium the company must also offer you the opportunity for a refund but I am not certain. Depending on the company,  this may work out well for you if you later need to make a claim under the policy. After you make a claim the first thing many substandard companies do is look for excuses not to pay. They look for any misstatements or omissions in your application and use that as an excuse to deny coverage. We see this type of denial all the time. Under florida law, a material misrepresentation made by an applicant  when applying for insurance, which if known to the company would affect their premium charge or decision to accept the coverage can be grounds to deny a claim made on the the policy. I recommend you consult your insurance agent and discuss whether the premium increase is appropriate and your other options. ... Read Answer

This sounds like a very bad idea for many reasons. Merely having the insurance in your name will not create personal liability for you. However, if the vehicle itself is registered in your name (individually, or with someone else) you will be liable for injuries caused by any permissive driver of the car. That liability can exceed whatever bodily injury liability coverage you purchase on the vehicle (if you even purchase liability coverage). Further, if you made a misrepresentation to the insurance company as to who would be driving the vehicle and/or where it will be garaged, they can deny coverage for material misrepresentation. So, if the intent is to get insurance so an uninsurable person can get the car registered, you are wasting your time and possibly committing fraud as well.  Also, if the car is not in your name, but it can be shown you had control over the car and for example, let a person you know or have reason to know will drive drunk, you could face personal liability.  This reply should not be considered a formal legal opinion of your case / inquiry. At this time I may not have enough information to give you a complete answer to your question and  there may be more to your issue(s) then I have set out in my brief reply. If you additional questions or information, I may be able to provide additional guidance.  Jonathan Groff is an AV preeminent (5 out of 5) rated Personal Injury lawyer, with a principal office in South Miami, but representing clients throughout Florida. He can be reached at, Office: (305) 661-3633 / (800) 549-1942; Mobile (24 hours a day): (305) 302-8807; Email: Jgroff@kgdfloridalaw.com; Website: www.kgdfloridalaw.com  ... Read Answer

Typically yes, but only to the extent they were negligent in thier "bailment" duties. If someone jumped a locked and gated fenced in area, etc....then they are no more liable than you would be if some broke into your garage anddid the same thing, as a general rule. Hopefully, you have comprehensive insurance coverage. ... Read Answer

Negotiation of your contractual obligations for medical bills is typically a courtesy not an obligation by the PI lawyer in most instances. Trying to hold a lawyers attorney's fees hostage unless they provide other services at thier expense is simply wrong, end of that discussion. The part about "us coming to an agreement" I assume you mean, someone OTHER than you, as you could easily agree to pay the hospital bills for the service they provided. If what you meant was, FORCE the hopsital to agree with your position and take less than they will agree to for the services they already provided, well......now you are expectingsomething that no lawyer can typcally deliver. There is no "dual role" and they are not your "escrow agent" like a real estate deal. If there is a dispute over entitlement to the money, usually associated with some form of lien claim, the proper procedure according to the Florida Bar is to interplead the money, allowing you and the hospital to fight over the entititlement in court. It is not the lawyers job to resolve who is right or wrong or determine who is owed the money, if the disputing parties wont agree, but only to protect both interests adequately. ... Read Answer

You may want to contact the Florida Bar to help you on this. As you describe this, iyts very very rare, but you could be dealing a lawyer that is lying to you about using settlement money to pay medical bills and keeping the money unethically. I have seen this happen on one occassion in the past where the lawyer would put $5,000.00 medical bill payment on settlement statement, then negotiate the bills to $2,500.00 and keep the extra money himself. As patient expected balance for doctor be zero, and balance with doctor IS zero, noone was the wiser. ... Read Answer

Based upon your irresponsible driving, you may find yourself simply uninsurable. As there is no legal right to own and operate a car on the public roads of Florida, you may find yourself bus bound or driving someone elses car. Good news is, its not permanent and as time passes some of these things will drop off your record for insurance considerations. If you have other questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read Answer

When you called the insurance company, you made claim. There would be no other reason to contact them where "they would talk" and "it went away". There may have been no money paid, but a claim was likely opened nonetheless. You typically cant call up an insurance company and expect them to involve themselves in your dispute just because you have one. They would have no interest in doing so for free or to waste thier time for solely for your benefit, unless it would arise out of thier inusrance contract, hence a claim being made against you by another for money from a covered loss. If you have any further questions feel free to call 1-800-922-6442 for a FREE consultation.... Read Answer

You should be commended for doing the right thing by trying to pay the damages for the accident your husband caused while driving without insurance.  It is never wise to drive without automobile insurance, especially when you driving is your occupation.  You are correct that you are responsible for the damages that you caused, but you should only have to pay for those damages which have been proven to be caused by the accident.  Most likely, you do not have the knowledge or experience handling insurance claims to adequately know whether or not you are being treated fairly by the other insurance company, or if the amounts they are claiming are proper.  Therefore, it is probably in your best interest to contact a lawyer with experience in representing insurance companies and at-fault drivers, so they can properly advise you what information is needed to fairly and adequately evaluate the claim and make sure you are not being forced to pay for something you are not responsible for. As to having the license suspended, it is a very real possibility.  Under Ohio law, it is improper to operate an automobile without insurance.  Because driving is a privilege under Ohio law, not a right, the BMV can suspend a person's license for failing to have insurance and for causing damages associated with an accident without insurance.  The BMV can suspend your husband's license until the damages paid by the other insurance company are paid in full.  Probably in your best interest to consult with an attorney so you can make sure your rights are protected while trying to do the right thing. Best of luck to you.... Read Answer

No way to tell on the facts provided, and you may have statute of limitation issues to contend with. Bigger issue is.....why was this not done or explored several years ago when the dispute over payment of the repairs by Citizens arose? If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read Answer

You need to read your car insurance policy. But generally, in most policies, as long as someone is not excluded, they are covered IF you give them permission to drive the vehicle.  If they take the car without permission, they are not covered.   In addition, your son is likely also covered if he is a resident of your household.  However, again, you should read your policy.  I'd also encourage you to place a phone call into your insurance agent.  It would probably cost no additional money and very little time to actually add your son to the policy as a named insured, which would ensure coverage.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read Answer

The insurance is part of the estate, and technically, only the estate administrator, once appointed by the Surrogate Court, will be able to obtain the check, for the benefit of the estate. If there are claims or debts to be paid, that will have to be addressed before the estate distributees can be paid their share of the estate. Gerry Wendrovsky, Esq.- Upper West Side Estate Lawyer www.upperwestsidelawyer.com... Read Answer

I am sorry to hear about this.  If the object in the drink caused you harm or damage, then you might have grounds for a lawsuit.  However, if it did not cause you any harm or damage and only "could have", you likely will not be successful with a lawsuit.  A lawsuit requires both a "harm" and "damages" and without those things, you will likely not be successful.  However, you might consider contacting the company and reporting this and they may offer you a small settlement or you can consult a local attorney.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read Answer

Unfortunately, if the policy language affords her coverage she has the legal right to make a claim under the policy. If that is the case, you do not have a right to prevent her from doing this. However, most Uninsured Motorist policies do not allow coverage to a resident relative (for example, your stepdaughter) who own their own car. Since you mentioned she has a car, you may want to find out from the insurance company if she lied about that. There are a number of other exclusions all of which I would imagine your company would look into before allowing her coverage under the policy.  I am sorry your insurance premium may go up as a result of this claim, but please do not drop your UM coverage because of it. With the large number of people driving cars without liability coverage, it is a very important protection. ... Read Answer