My sister was injured in a slip and fall, she attempted to handle the claim with the other person's insurance company, but got nowhere. She hired lawyer, the lawyer sent a letter almost two months ago to the insurance company informing them of client representation and requesting policy limits. Can a insurance company ignore such a letter? If the insurance company ignores a request for policy limits , is a lawsuit the only recourse in settling my sister's claim?
Your sister has an attorney so she should address those issues with her attorney, and her attorney only. If she does not trust her attorney; cant get answers from them; thinks they are incompetent; or believe they are not doing their job properly then she should fire them and retain counsel she does trust.
Responses provided represent opinions and cannot be relied upon in any way or manner as legal advice. No communication here is intended to establish an attorney-client relationship.
No, it cannot and can be considered in bad faith for not complying with Florida law in this regard.
Since you are not the client, you can't answer some questions, etc., regarding this. This is something your sister needs to ask her attorney.
However, here is the applicable statute regarding disclosure of policy limits for any insurance company that provides liability coverage:
INSURANCE RATES AND CONTRACTS
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627.4137 Disclosure of certain information required.—
(1) Each insurer which does or may provide liability insurance coverage to pay all or a portion of any claim which might be made shall provide, within 30 days of the written request of the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager or superintendent setting forth the following information with regard to each known policy of insurance, including excess or umbrella insurance:
(a) The name of the insurer.
(b) The name of each insured.
(c) The limits of the liability coverage.
(d) A statement of any policy or coverage defense which such insurer reasonably believes is available to such insurer at the time of filing such statement.
(e) A copy of the policy.
In addition, the insured, or her or his insurance agent, upon written request of the claimant or the claimant’s attorney, shall disclose the name and coverage of each known insurer to the claimant and shall forward such request for information as required by this subsection to all affected insurers. The insurer shall then supply the information required in this subsection to the claimant within 30 days of receipt of such request.
(2) The statement required by subsection (1) shall be amended immediately upon discovery of facts calling for an amendment to such statement.
(3) Any request made to a self-insured corporation pursuant to this section shall be sent by certified mail to the registered agent of the disclosing entity.
History.—ss. 543, 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 22, ch. 83-288; ss. 38, 114, ch. 92-318; s. 327, ch. 97-102; s. 10, ch. 2011-174.
Note.—Former s. 627.7264.
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