Alan Bennett Garfinkel's Answers

Can I appeal my denial from Citizens property insurance of Florida?

Our firm has handled more than a hundred claims against Citizens. Although Florida's current law prevents a bad faith cause of action against Citizens Insurance company, there appears to be disputes on this issue between two appellate courts. Hopefully the Florida Supreme Court will rule that the statue requiring Citizens to adjust its claims in "good faith" will ultimately be determined that failure to do so enables a policy holder to pursue "bad faith" damages. Notwithstanding, before any...

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Is it legal for the insurance company to issue the check to another person that occurred the loss?

I think the legal advice you received from my colleagues in the earlier responses is correct. But to answer your request for further clarification, generally, the insurance company owes a fidiuciary responsibility to the name insured. However, there are many instances where courts across the country have held insurer's liable when they knew of an existing lien or obligation on the insurance proceeds and chose to ignore same. You clearly have a remedy against the person that received the...

Construction defect, real estate dispute under MD real estate law

Generally, the community association will have a right to order a "special assesment" to cover these type of expenses. Under most condominium association documents, if the unit owner fails or refuses to pay, the unit may be foreclosed. However, there may still be remedies against the Insurance Company of the contractor who is out of business. There may even be remedies against the subcontractors and their Insurance Companies that performed the faulty work. Every state has different Statute of...

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What type of Attorney should I be looking for Civil Law or Insurance bad faith Educate me

Bad Faith Law is part of Civil Law. However, before one gets to the Bad Faith component of a case, typically, civil liability first must be established. Each State may have its own limitations or procedure requirements to pursue a Bad Faith Claim. Contacting a lawyer specializing in Civil Law is not the broadest category type. Civil Law typically pursues monetary or equitable (judicially ordered relief) rather than punishment that may be pursued by the State, either criminally (criminal law)...

Home owners insurance canceled on ex husbands claim of frivious lawsuits.

I do not have all the information necessary to be more helpful. However, some states like Florida prevent Insurance Companies from cancelling or non-renewing insurance policies for lawsuits or claims made arising from a natural disaster. For example, many states in the South, and most recently, Texas, have been slammed by hurricanes and tropical storms. Please check with a lawyer in your state and determine what was the basis for the homeowner's insurance claims. An additional idea would be to...