Legal Question in Insurance Law in Florida

Subrugation Question

I was handcuffed and aggressively removed from an indian casino accused of theft, which I didnt do. A few hours later, I was told I could go home. All of my belongings were returned to me, hoever upon asking for my money back, I was denied the request, along with no receipt. Since the incident, I have never heard from the casino again, nor the police department, who told me they would be in touch if anything transpires. No files have been charged against me, and this is over a year old already. The casino however has placed a claim with thier insurance company in regards to the accusing story with me ''involved'' in. They have recovered a large sum of money, however wont return my money to me- still. They are turning me on to the insurance company as the insurance company has instructed the casino to NOT return my money due to subrogation law. They feel they have right to my money, since the ''claim'' had my name in it. My question is, if I was never criminally accused or indicted of anything criminal, why do they feel they can keep my money? Sounds like the criminals are them, not me. Advise?


Asked on 5/13/09, 5:05 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Subrugation Question

Florida law does not apply on the reservation. It is like a seperate country. The tribe is immune from suit in US Courts. You would have to pursue this with the reservation itself. You must go through the courts for the reservation.

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Answered on 5/13/09, 3:34 pm


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