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Posts Tagged "exposure"

Did Your Insurance Agent Get You What You Asked For (Or Needed)?

Posted by on Mar 14, 2014 in Uncategorized

Did Your Insurance Agent Get You What You Asked For (Or Needed)?

As Florida personal injury lawyers, we talk to people about insurance all the time.  Recently, we have encountered several situations with clients and potential clients where insurance agents have clearly failed to help their clients procure the insurance coverage that they wanted or really needed. Generally, insurance agents owe their clients/customers a fiduciary duty to look out for their clients’ best interests, and to use their professional expertise to advise clients about what their insurance needs are or should be.  When an insurance agent does not properly execute this job, and does not give sound advice to a client, the insurance agent can be held liable if the event or condition the client was concerned about happens and the client suffers damages. It occurs to me that certain insurance agents fail to take this responsibility very seriously, and often seem to approach their customers with a cookie-cutter mentality or philosophy.  It sometimes seems that insurance agents are more interested in selling the particular products or lines of coverage that the insurance companies want to sell, rather than selling the exact product that would be most helpful (or perfect) for their client. It is important to note that an agent’s duty to his client doesn’t stop the minute the policy is purchased.  We have recently been successful in collecting damages for a client who received notice of a potential claim, but was told by their insurance agent not to report the notice letter they received to their insurance company.    It was the agent’s insurance company — and the agent’s errors and omissions (i.e. malpractice) coverage that ultimately paid our client’s damages. If you have any questions regarding the purchase of insurance coverage, or if you think that your insurance agent caused you damages by doing a poor job helping you procure insurance coverage, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Did FHP Pursuit of DUI Driver Lead To Orlando Crash With Serious Injuries?

Posted by on Sep 25, 2013 in Motor vehicle accidents

Did FHP Pursuit of DUI Driver Lead To Orlando Crash With Serious Injuries?

There is absolutely no debate that people who drive under the influence of alcohol (DUI) make the roads dangerous for everyone.   This point was driven home for me when I saw this story about a horrific crash that happened on S. Orange Blossom Trail in Orlando early Wednesday morning. video platformvideo managementvideo solutionsvideo player As an Orlando car accident attorney, a crash like this one presents a host of legal issues that may have serious consequences to the victims of this crash. For example, under normal circumstances, the people injured by the idiotic actions of the accused drunk driver, James Maddux, would have bodily injury liability claims for damages against him.  However, because he presented a fake drivers’ license to he FHP at this DUI checkpoint, something tells me that he is not going to have insurance.  Hopefully, he was a permissive user, and the Toyota Prius he was driving was owned by somebody who had insurance. I also hope that his passenger, Zachary Poirrier, as well as the injured people in the other vehicle, including Terris Byrd, either had Uninsured/Underinsured Motorist (UM) coverage, or were resident relatives of people who had UM coverage.  Residency — for purposes of establishing UM coverage — can often present complex legal problems. Finally, I would be curious to know exactly what FHP’s pursuit policy is when it comes to DUI suspects.  According to the media, Mr. Maddux avoided a checkpoint some distance away from where this significant crash occurred.  It would be interesting to know how many additional lives were put at risk by FHP’s decision to engage in a high-speed pursuit of Mr. Maddux.  If FHP violates its own policy, it would seem that FHP could have exposure to damages. Accidents like this one can be complicated for the average accident victim.  If you have any questions following a Florida car accident, and especially one involving a drunk driver, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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