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

Asked almost 2 years ago - 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)

  1. Jimmy Allen Davis

    Contributor Level 15


    Lawyer agrees

    Answered . 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/... more
  2. Steven Michael Fahlgren


    Contributor Level 11


    Lawyer agrees

    Answered . 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... more
  3. Jeffrey Bruce Gold

    Contributor Level 19


    Lawyer agrees

    Answered . 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,... more

Related Topics

Criminal charges for theft

Theft is taking someone's property without his or her consent. Theft includes, but is not limited to, shoplifting, taking someone's mail, and stealing a car.

Criminal charges for forgery

Forgery involves the making or modifying of documents or materials in the hopes of deceiving someone or to make money through the selling of fake documents.

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