Florida Insurance Legal Questions

Unfortunately, your "understanding" is of no consequence in the face of a written agreement. The REAL issue is what does your insurance contract say. If it says what you understood, you would havea civil contract suit against the insurer to enforce the contract, as they are equally bound by its terms.... Read More

It largely depends on the terms of the insurance contract. If for example the policy clearly excludes coverage if the insured dies from the preexisting condition within two years, there is likely no coverage. I strongly suggest you request they provide you in writing their basis for denying/delaying the claim and to set out the specific policy provision(s) they are relying. If they continue to contest the claim you will need a lawyer to carefully look at the policy and see if its provisions comply with Florida law.  You can also try filing a complaint with the state of florida, particularly if they will not give you the policy language and reason for the delay/denial. My website has a link to the State of Florida website for filing a complaint and seeking relief (if you can not find it on your own). If you have additional quesitons, or can provide me the questionable language, feel free to contact contact me in reply to this post, or email me. My information is located within the lawyers.com attorney listing.... Read More

The law does not require you produce records that are not in your custody and control. You are not required to go to the doctors office and get the records. You should respond to the lawyer in writing exactly as you explained above - you don't have any of the requested documents; you were never provided with medical records by the doctor's office; you do not recall every getting bills from the doctor, but you looked and either never had them or no longer have them; etc.  On the subpoena it probably says somewhere that you can mail in the records in leu of appearing in person. If that is what it says you should be fine, but for safety, after mailing and faxing the response, your should call and confirm that you do not need to appear. Get the name of the person you spoke with in the event they claim you did not call. Hope this helps, but if you have a lawyer related to the matter, you should call them for assistance with this.... Read More

An attorney will have to read your insurance policy to determine what whether in fact the jewelry and stamps are covered under the policy and for how much. Although your estimated loss is $160,000 you may not have that much in "theft" coverage. If you do have such coverage and the insurance company's offer is only $3100 then I agree that you are getting lowballed and you need to hire an attorney to sue the insurance company. After a small fee to review the insurance policy and related documents, most lawyers will take a case such as this on a contingency basis as Florida law provides for recovery of attorney's fees if you obtain a settlement or judgment against an insurance company.... Read More

Can you be specific what money and type of policy you are referring to? Is this auto PIP; property/homeowners; health coverage; ect.?  With more info I or another lawyer responding may be able to give you advice. You can also use this weblink to the State of Florida Division of Consumer Services.  This link has a phone number and online complaint/help forms. http://www.myfloridacfo.com/Division/Consumers/NeedOurHelp.htm#.UZ_GrIeThyI    ... Read More

This is a classic problem with comparative negligence claims. Unless you get someone to agree with you, your remedy may be to file suit against the guy, present your case to a judge and see what he says. Problem is this is not a clear case, so you never know what wil happen, hence the arbitrary 50% value. It also sounds like you dont have collision insurance on your car or have a high deductible, you may need to change this as relyng on other people to pay for your damages is ALWAYS super risky,... Read More