Georgia Insurance Legal Questions

Yes and No.   Can the insurance company do this... well, yes they can and they did.   Is the insurance company allowed to do this - Most definitely not with out some kind of prior notice and on policy renewal.  If your cousin is a young driver and frequently drives your vehicle and somehow your insurance found out about it then the insurance can insist on her being on the policy and charge you more.  However they can not change your policy mid-stream without written notice.   You likely have a contract claim if they changed your insurance contract without notice.    I'd call your insurance agent first and see what he/she can do about it.   An attorney will cost a good bit more than the difference in the premium however you don't want to have to continue to pay that outrageous sum.  You can always call your carrier and expressly exclude your cousin which would mean that they would not cover you if she is driving your car.   In theory that would return your premium to what you were paying and even possibly some less.... but then DO NOT let your cousin drive your car. I'm not your attorney so this is just friendly advise.  If your insurance doesn't return your money and resume the premium you agreed to then you should hire an attorney to recover those funds.  As with most consumer products you can let your $ do the talking and switch insurance carriers. ... Read More

Your mom would have a claim IF there was some allegation of negligence or fault.  Something would have had to have caused her fall, other than just unfamiliarity.  We can potentially help if the facts make this an issue with your house, stair rail, etc.  We handle cases like this in Georgia. We invite you to review our verdicts, our accolades and awards, and what clients have to say about us and give us a call for a free consultation where our lawyers will sit down with you personally.  John represents clients in Florida, Georgia and Alabama with passion and compassion and is a Board Certified Civil Trial Lawyer, which means the Florida Bar allows him to be called an expert.  Only a small percentage of lawyers are able to be called an expert in this area.  Give us a call at 904-444-4444 or email John at jmp@knowthelawyer.com.... Read More

It is doubtful that you would receive any compensation regarding this matter.   Even if a claim was filed with the Homeowner's insurance company, it would likely be denied because a homeowner only has a duty to warn you of hidden defects and harms.  A scale in the bathroom would likely not be regarded as such.  Litigation would also not likely be successful. Litigation is very expensive and would not be warranted for damages associated with a broken toe.   NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed as a result of this response. ... Read More

The demand letter should outline the facts of the situation.  It should then apply the facts of the situation to the pertinent policy provisions at issue here.  For example, if the damage is for personal property, you should quote the personal property sections of your policy, etc.  You can also emphasize that you have complied with all policy provisions (if that is true).  Then you can go into detail about the two adjusters and their differences in damages.  Next I would insert some state law to help back up your claims and/or that provide guidance on the issue at hand.  You can search for cases using the legal network that the attorney's office uses (if that is authorized), like Lexis Nexis, CaseLaw or Westlaw.  For example, if I were using Westlaw, I might try searching "differences" /20 "adjusters" /20 "insurance" and see what comes up.  That is going to pull up all cases (depending on what jurisdictional areas you pick) that has the word differences within 20 words of adjusters within 20 words of insurance.  That might provide you some information or backup on this issue.  Then, wrap up the letter with the hardships (if any) you have incurred as a result of the damage you incurred and the insurance companies failure to pay the claim.  Be sure to include a timeline if it will be helpful. And finally, make a demand and ask for a response within x amount of days.  And, of course, let the attorney who will be sending the letter review it and make any recommended or necessary changes.  I hope this helps.  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 in this response. ... Read More