Insurance Legal Questions

Your mortgage company likely requires you to have insurance.  Read any agreements you signed at closing with your mortgage company and/or contact them to discuss.  However, if it is mortgaged, they likely require you to have certain insurance coverage. 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 More

If I am understanding this correctly, it seems to me like the prior owner should have looked into filing a claim for damage after the hail storm, when they still owned the house.   Since they no longer own the home, you cannot file a claim on their prior insurance for damage to the house that was caused prior to you owning the house.   The same is true vice-versa - you cannot claim on your insurance for damage that was caused before you owned the home under the prior owner's policy.   The prior owner would have had the right to make the claim at the time of the hail damage.  Since that was not done, and you purchase the home with the hail damage, you cannot claim for past damage on your insurance. It is not damage that was caused while you had coverage.   Your best bet would have been to have the home and roof inspected and upon discovering the damage to the roof, negotiate said damage with the seller of the home to have it repaired and/or to reduce your offer.   I don't believe you have recourse with your insurance company, however, to be sure, you can check with an attorney who is licensed to practice law in Florida. 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 More

I am sorry to hear about your accident.  However, the insurance is only responsible if you paid for an insurance policy which would cover this incident.   It sounds like you have liability coverage only.  That means that you are only covered under your insurance company's policy if YOU are liable for an accident.  Thus, if you would have caused an accidie, then you would have coverage to protect the other driver.  Since you do not have collision coverage, it sounds like you are not covered.  If you have uninsured or underinsured coverage, then you should be covered.  Uninsured coverage applies in these exact situations - when you are involved in a car accident with a hit & run driver, a driver with no insurance or a driver with insurance less than yours.  In those instances, your uninsured coverage kicks in to protect you.   But what it sounds like to me is that you only have liability coverage - which is to protect the other person in the event you are liable for an accident, and not uninsured motorist coverage.  But to be safe, I'd ask your insurance company if you have any uninsured coverage.  And in the future, I would consider getting it if you do not. In my opinion, uninsured motorist coverage is the most important type of car insurance because it exists to protect you.  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 More

Four years, but if you were injured I would not delay in contacting a qualified personal injury lawyer. Early investigation and preservation of evidence is crucial. Just as important is getting the advice of an experienced lawyer on how to properly (and truthfully) document your injuries. When hiring a lawyer be careful to avoid the "TV" type lawyers, or anyone who solicits your case. Good luck.... Read More

Did you have uninsured/underinsured coverage? You should talk to a lawyer. You certainly have rights. Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. Even in soft tissue injuries, those tissues stretch and scar, or cause corresponding pressure on nerves in the spinal cord, leaving behind permanent problems for some. I have had clients need surgeries years later because of a bulging disk and have their entire world collapse for what seemed inconsequential at the time. Insurance companies want you to settle as soon as possible and treat as little as possible. Attorneys matter. They change their gameplan when a lawyer is involved. It seems like your injuries are more serious. For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawyer.com. We'd love to help you. Our number is 800-6-know-law. ... Read More

It is quite possible that if you have this denial expressly in writing, you may have sufficient evidence to bring a lawsuit alleging that this insurance carrier just violated state, and possibly federal law. A carrier that does business in New York has to follow New York law. You should consult with qualified local counsel. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyer www.upperwestsidelawyer.com... Read More

I'm sorry to hear about this.   Since your policy expired months ago, you likely cannot make a claim on your former insurance.   However, since you were not at fault, you should be able to make a claim under the other person's insurance - the person who caused the accident.   Their contact information and insurance information should be listed on the accident report.   Contact them and make a claim for the damage to your car.  If they do not have car insurance, then you are likely out of luck since you didn't have insurance either.   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 More

It is very uncommon for a homeowners liability policy to cover the intentional torts (such as assault and battery) of a homeowner or occupant of a property.  The policy reason is that if persons could insure around their intentional acts, then there would be no disincentive to not commit intentionally bad acts.... Read More

If you were officially denied benefits by Liberty Mutual, then you should have gotten a denial letter stating that you were denied and explaining why. Also, the letter should also outline how to submit an appeal and/or what actions can be taken next.  It should tell you that you are entitled to any documents that were considered by Liberty Mutual in their decision making process.  Also, you should read your disability policy in full.  It should also provide you information about appeals and what documents you are entitled to.  If the claim was denied, you likely are entitled to this information.  Re-read your policy (if you don't have a copy, request a certified copy) and consult your denial letter.  If you haven't gotten a denial or approval yet, probably wait and see what happens.   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 More