Legal Question in Insurance Law in Florida

I was in a minor accident at the end of November, at which time my auto insurance policy was intact and paid to date. At the time of accident the person I bumped, call Highway patrol and they told us to go online and report the accident, which I promptly did and then contacted my insurance company. The insurance took my statement, told me an adjuster would contact me in 24 hrs, which they did not, I called them 2 days later. I was then told someone had just been assigned that day and they would contact me. I went to work, where I am not allowed to carry my phone. The adjuster left a message, I tried to contact them again, left a message and did not hear from them again for almost 2 weeks, when I got a letter telling me, I was under investigation for "material misrepresentation" (just learned what this is). Then I get a letter stating I am "mandatory" to attend 1 of 2 appointments for a "examination under oath". That's done now.

What have I done wrong? Because I now have a letter from the insurance company stated my policy was canceled 7 months ago, not true I have my renewal papers, plus bank statements showing payments for said policy and never once received any notice of cancellation until now. Also this notice is date for 1 year and 6 month after said cancellation.

I'm totally lost because the letter says I can appeal the cancellation. To whom do I appeal? I only have 20 days to file an appeal.

Do I need to contact a local lawyer and if so, can you recommend any one?


Asked on 12/31/15, 8:38 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

The notice you received should include information where to appeal. Your ins. policy may also have information.

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Answered on 12/31/15, 8:44 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to contact an attorney to review the paperwork. The answers are contained in those documents.

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Answered on 12/31/15, 9:15 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

You should contact an attorney. These EUOs as they are called can dramatically affect your case and you need to be prepared for what can happen and how to handle the EUO. This is often a way that the unrepresented really get their cases hurt or destroyed.

Alan Wagner

Wagner McLaughlin

Tampa, Fl

813-225-4000

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Answered on 12/31/15, 5:56 pm


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