Skip to main content

Annuity account was drained due to identity theft. What to do to get back money ? Can we sue insurance company ?

Orlando, FL |

Annuity account was drained due to identity theft. Contracted insurance cannot do anything about that. What to do to get back money ? Can we sue insurance company ?

Attorney Answers 3

Posted

You could sue the insurance company for a variety of things I imagine, but there is very little to go on here. The first thing I would do is look up the contract you signed to open up the account and read it over.

One clause I would look up is commonly called a forum selection clause, which restricts where you can even file suit. For example: you could have an account with X Bank in Florida, but agreed that the suit must be brought in Delaware. Once you have determined where you can bring a complaint, then you can request assistance from an attorney qualified to practice law in that area.

Many times, the contact specifies that arbitration (or mediation) will be used to determine the outcome of a dispute. If that is the case, who you will contact will depend on the language in the paperwork.

DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at www.lawofficesofjimmyallendavis.com or email me at jimmy.davis.esq@gmail.com.

Mark as helpful

1 lawyer agrees

Posted

Yes, you can sue the insurance company. However, whether you will be successful depends on who stole it, and whether anything you did facilitated the theft. Please see my disclaimer.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Mark as helpful

1 lawyer agrees

Posted

You likely have a case but an attorney evaluating the case will likely need a time line of events and a copy of any documents you have to evaluate the matter. Depending on the circumstances, some attorneys would take this case on a contingency fee basis. I wish you the best in the future.

If this information has been helpful, please check the thumbs up tab below. Disclaimer: The above is intended to give you some insight into various legal topics. This information is not intended as legal advice, but rather an attempt to provide helpful topical information. Please consult a lawyer as to the specific circumstances of your case. Again, this is not to be considered legal advice nor does an attorney-client relationship exist. If there are more facts that you overlooked and did not include in your initial question and you would like to email me, you may send an email to stevefahlgren@gmail.com. Steven M. Fahlgren Attorney, Arbitrator and Certified Circuit Civil Mediator Law Offices of Steven M. Fahlgren, P.A. Phone: (904) 845-2255 Phone: (407) 852-1711 www.ForTheConsumer.com www.FahlgrenLaw.com www.SteveFahlgren.com

Mark as helpful

1 lawyer agrees

Arbitration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics