Legal Question in Insurance Law in Florida

Homeowners Insurance

I have been told I have sinkhole activity and have retained an Attorney to sue insurance company. I was told that I had to produce 2 yrs bank statements, credit card statement and utility bills. I was told I had no choice. Than I went to depostion the other day after 2 yrs of waiting. I was asked questions regarding a 20 yr old divorce, I was asked how I pay for items for my home, what credit cards I used, if I had pets and or children in the home. I was asked about a re-finance I did on my home last yr and how many bank accounts i had. What did I pay and how much cash I took out when I re-financed. I feel these questions were totally out of line especilly a 20 yr old divorce. Am I wrong or are the questions really out of line. And I will add the my Attorney told me he could not say anything in the depostion. And this Attorney was not the Attorney I signed a contract for services with. I feel I am being rail-roaded here and would like a 2nd opinion. This has been going on since Jan 04.

Thank you

Sherry


Asked on 10/08/05, 12:03 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Homeowners Insurance

Your attorney is correct. It is only a deposition. If they wanted to ask you about what your favorite pair of shoes looks like, they could ask you. The only "true" objection that is allowed at a deposition is if the question calls for privileged information (e.g. attorney-client privileged information). It is extremely dangerous for an attorney to stop a deposition. Because guess what... if the court disagrees with the attorney who stopped the deposition, or who prevents the other side from asking a question, then "YOU" will have to pay for the other attorney's time in having to come back and ask the questions again. Additionally, just because a question is asked at a deposition, this does not mean that it is going to be used at the trial. I have taken 4 hour depositions, where the only thing I was able to use was 3 sentences out of the whole transcript.

Good luck,

Randall Gilbert

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Answered on 10/08/05, 9:41 am


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