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278 legal questions have been posted about insurance by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include fidelity and surety, reinsurance, and automobile insurance. All topics and other states can be accessed in the dropdowns below.
Florida Insurance Questions & Legal Answers - Page 5
Do you have any Florida Insurance questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 278 previously answered Florida Insurance questions.
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Recent Legal Answers

What are my options if I hired a body shop to repairs certain issues but not all and they ended up repairing everything?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
If your insurance carrier paid for it - and your intent is to stiff the shop for work actually performed, so YOU can skim the extra money, you are probably going to spend the money you think you will skim on a lawyer dealing with a Fla. Stat. 559 case to get your car back out of the mechanics lein the shop will impose. If this is simply a balance that was NOT paid by the insurance carrier - then you need to work this out with the shop if possible. Otherwise, you still end up with a Fla. Stat. 559 lawsuit to deal with. ... Read More
If your insurance carrier paid for it - and your intent is to stiff the shop for work actually performed, so YOU can skim the extra money, you are... Read More

What can I do if I disagree with the valuation of my Class A RV by an insurance claims adjuster?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
You will really want to hire a lawyer - even if you pay out of pocket - to address this as many insurance companies will be squeezing claims for obvious reasons and you may need to file suit over the issue. On a positive note - there is Fla. Stat. 627.428, that allows you to recover legal fees if you prevail in the lawsuit. ... Read More
You will really want to hire a lawyer - even if you pay out of pocket - to address this as many insurance companies will be squeezing claims for... Read More

Resenly put new floor on my condo Association requiere corcho on botton of tile. Recenly got at letter for assetmet for rha roof ro be fix got storm w

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
there is no question here......
there is no question here......

fence damage

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Not necessarily. You can ake a claim but it will depend on a lot of factors. Such things are exactly why you should always have homeowners insurance on your property.
Not necessarily. You can ake a claim but it will depend on a lot of factors. Such things are exactly why you should always have homeowners insurance... Read More

How do we qualify for a hardship license after accident?

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
" We find out it didnt have insurance, it was never transferred." This is a problem as the only person than could and can transfer the insurance to the new vehicle would be you, such that you should have know this. That stated, you needto retain a lawyer to review the issue as there is typcially a "newly aquired vehicle" clause in most insurance policies that may afford coverage ... Read More
" We find out it didnt have insurance, it was never transferred." This is a problem as the only person than could and can transfer the insurance... Read More

My wife was on the ER with severe pain and after treating her, Humana Insurance doesn't want to pay for the ER Services

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Unfair, unfortunately is not a legal standard. The services were either covered by insurance or they weren't and thats the issue. If they are suing for damages, you do need to retain a lawyer to represent you - BUT such lawyer typically are retained on an out of pocket retainer basis. YOu may also want to talk to a bankruptcy lawyer if the charges are substantial. ... Read More
Unfair, unfortunately is not a legal standard. The services were either covered by insurance or they weren't and thats the issue. If they are suing... Read More

for my car diminished value claim

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
This is a deficiency claim NOT diminished value. There is no real remedy here, other than hiring a lawyer for a lawsuit, if the inusrance carrier won't assess he vehicle at a higher value. Unfortunately, if you over finance a car, i.e. its "upside down", the insurance carrier does not pay for poor credit or financing decisions, but rather the actual cash value of the vehicle (ACV). ... Read More
This is a deficiency claim NOT diminished value. There is no real remedy here, other than hiring a lawyer for a lawsuit, if the inusrance carrier... Read More

I asked my HOA to remove a tree which then hit my roof with a lot of damage after the hurricane. I field a claim with my Homeowners Insurance.

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Not inherently - it will all depend on the HOA rules etc and details of the circumstances. If this was a hurricane issue its even more unlikely for several reasons. 
Not inherently - it will all depend on the HOA rules etc and details of the circumstances. If this was a hurricane issue its even more unlikely for... Read More

Placed a claim July 6 , still getting the run around, liv

Answered 8 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
No way to answer such a question as posed. Bottom line is if its YOUR insurance carrier and you made a claim for the loss - you have an obligation to cooprerate with them. 
No way to answer such a question as posed. Bottom line is if its YOUR insurance carrier and you made a claim for the loss - you have an obligation to... Read More

How do I determine which lawyer would best suite my situation?

Answered 8 years and 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Insurance
You may have a case. Contact counsel to prepare a demand package and negotiate a settlement with the insurance company
You may have a case. Contact counsel to prepare a demand package and negotiate a settlement with the insurance company

When we bought a car we were directed by the dealer to an insurance agent, we chose and paid the full coverage. However never received the p

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Apparantly, the other insurance carrier and the other party disagreed with the "no one hurt" aspect, as it seems they paid out $7,500.00 in a UM claim. Given that the insurance carrier is Infinity, unless you can show that you have a hsitory of ALWAYS having bodily injury liability coverage and would have paid the premiums for it, tjhe "full coverage" you likely asked for and got was "full coverage" to drive the vehicle legally and not additional bodoily injury coverage. This will aslo require reviewing the application and documents you signed to address that issue. ... Read More
Apparantly, the other insurance carrier and the other party disagreed with the "no one hurt" aspect, as it seems they paid out $7,500.00 in a UM... Read More

I have a warranty with a third party vender, I have a luxury car, the warrant company wants to put use parts in my car, Can I sue them for the devalue

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Generally no - but it will depend on the terms and conditions of the third party warranty. 
Generally no - but it will depend on the terms and conditions of the third party warranty. 

Can I an insurance company to pay my car diminished value if the car is total. Another car hit my car it was not my fault .

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
No - you dont get diminished value for totaled car. 
No - you dont get diminished value for totaled car. 

Truck was repossessed. His financial institution is claiming he didn't have insurance for a period of time which is false.

Answered 8 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
There is something missing here as it makes little sense that a lender repossess a vehicle or obtain forced coverage when there was no lapse in coverage and any change in converage was timely provided to them. You probably need to hire a lawyer at this point, at some expense, to address this and do so immediately. ... Read More
There is something missing here as it makes little sense that a lender repossess a vehicle or obtain forced coverage when there was no lapse in... Read More

car accident

Answered 8 years and 8 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Insurance
Consult with counsel about investigating other sources of recovery like UM coverage
Consult with counsel about investigating other sources of recovery like UM coverage

NO INSURANCE PROVIDED.

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Oh heavens above! Making an 18 y/o adult pay his own way? However will he survive? This is not a legal question. This is a family squabble. As an adult if your B/F doesnt like how his mother treats him, the benefit of being an adult is he can also just leave on his own and do what he wants then. ... Read More
Oh heavens above! Making an 18 y/o adult pay his own way? However will he survive? This is not a legal question. This is a family squabble. As an... Read More

Can insurance agencies apply insurance on a home after the death of the homeowner without informing there depended

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Not from the start - but an lender can have forced coverage or pay for the insurance continuation through the escrow funds. Not sure why this is an issue. 
Not from the start - but an lender can have forced coverage or pay for the insurance continuation through the escrow funds. Not sure why this is an... Read More

Hi, I'm in Florida and I had a question in regards to dealing with a public adjuster. I signed a contract but there was no date on it and he asked me

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Whenever you are dealing with non-lawyer alternatives to penny pinch money on a legal issue - its simply impossible to determine what is "normal" since you dealing often illegal, unregulated or barely regulated people. You should never sign ANY contract that is not fully completed signed and dated as a general rule, however. ... Read More
Whenever you are dealing with non-lawyer alternatives to penny pinch money on a legal issue - its simply impossible to determine what is "normal"... Read More

This is about a situation where the warranty co. and the home owners ins. did not take care of the home owner.This is from 2015. Is it too late?

Answered 8 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Your best bet is to contact local legal aid and see what they can do for you. 
Your best bet is to contact local legal aid and see what they can do for you. 

Hi my car was hit on the driver side and his insurance denied the claim. What can I do?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
No idea about the solution without knowing the issues. If you don't have your own collision coverage you will have to wiegh the expense of hiring a lawyer to address the issues in the claim and possibly suing the at fault indiividual if you think he is collectible. 
No idea about the solution without knowing the issues. If you don't have your own collision coverage you will have to wiegh the expense of hiring a... Read More

My husband was hit in the rear on 195 and insurance only paid 13 thousand we paid 25 thousand to replace can we get what out oop

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Not sure what the question is - but if there was such an accident with the damages described your husband simply needs to hire a laywer to handel the issues. 
Not sure what the question is - but if there was such an accident with the damages described your husband simply needs to hire a laywer to handel the... Read More

how are ins. companies required to pay for a car their driver cited at fault totals. offer was half of fair market value

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
You are entiled to fair market value - problem is this is often the subject of debate and lowballing by the other insurance carrier. 
You are entiled to fair market value - problem is this is often the subject of debate and lowballing by the other insurance carrier. 

Do I have to set up an estate for my child in order to collect on a death claim from an insurance company?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Generally, yes. This will typcially require hiring a lawyer to handle for several reasons. 
Generally, yes. This will typcially require hiring a lawyer to handle for several reasons. 

homeowners insurance loss of use - renting from relative

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Maybe - you will need to ask your insurer what evidence they will accept. As you may imagine, they will want to see actual documentation and transfer of money to avoid allegations of collusion. 
Maybe - you will need to ask your insurer what evidence they will accept. As you may imagine, they will want to see actual documentation and transfer... Read More

I need help resolving a reinstatement of disability insurance

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Insurance
Its simply not a case most lawyers will take on a contingent fee whichi likely the issue. You may have to retain lawyers outof pocket and go from there. 
Its simply not a case most lawyers will take on a contingent fee whichi likely the issue. You may have to retain lawyers outof pocket and go from... Read More
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Florida

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