The insurance company has refused to pay any of the claim, stating that it is in the verbage of the policy. They claim I am a "Platinum" customer for being with them for a few years and thank you for my service but no they can not take on the risk. My sons lawyer has advised us to talk to an Insurance lawyer since this is not his area of expertise. I need advice. Thank you
I'm sorry to hear this. However, you'll need to provide much more information - such as the language in the letters sent to your lawyer. In addition, the lawyer you have should be doing this for you. I suggest you contact your attorney and ask for assistance. If he/she cannot provide any, then you may want to ask your attorney for a referral to one that can.
You should take advance of attorney Davis offer, or another FL personal injury attoreny's offer, to review your policy. There may be exclusions due to resident relative etc. or not listing your son's vehicle if he resides with your; and many other possible exclusions. Seek the assistance of one of these attorneys. Good luck
Insurance companies generally will not cover losses to vehicles belonging to their insureds unless the vehicle is an additional vehicle that was purchased within 30 days of the loss or a replacement for an insured vehicle (you still must notify the insurance company within 30 days in order to retain the same coverage as the vehicle you have replaced. This is a fairly standard policy provision (your specific policy contact could allow more time).
Your insurance company should send you a denial letter that details why the claim is not being covered. If you think the claim should be covered, then you should obtain the services of an attorney who practices insurance law.
Speak to a bad faith lawyer immediately. You may be able to enter into a Coblentz agreement whereby you settle the case with the plaintiff lawyer and the plaintiff is able to make a claim against your insurance company for bad faith. A Coblentz agreement is a document the parties may execute whereby you do not pay any money to the plaintiff. The plaintiff will take the risk of recovery against the insurance company, but not come after you.
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