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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111657
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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How about when the agent commits fraud by filing a false claim

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How about when the agent commits fraud by filing a false claim with an insurer, voiding the insurance contract. Is the principal bound or does the Court protect from forfeiture where the principal is innocent?
Submitted: 7 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 years ago.
If the principal shows no involvement in the matter and they cannot trace any of the proceeds to the principal, then the principal should be easily able to show his innocence and the agent should be left holding the entire bag. However, if they trace any of the proceeds of the claim to the principal, then there could be some forfeiture involved or at least repayment of the funds.

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Customer: replied 7 years ago.
The insurance contract was voided due to the fraudulent claim made bt the insurance adjuster.Please give me precedents in Florida or USA
Expert:  Law Educator, Esq. replied 7 years ago.
If the contract was voided because their adjuster (you said insurance agent at first) made a fraudulent claim, then you have a little different problem. If the adjuster came out to your business in response to a claim or spoke to you in response to a claim and subsequently filed what you claim was a fraudulent claim, then you will have to prove what you presented to the adjuster regarding your claim. If you cannot prove what you presented to the adjuster for your claim, then it ends up being your word against his.

You have provided nowhere near enough information for anyone to conduct caselaw research, especially at the high cost of legal research engines, to provide you with precedents in FL or the USA as you asked. These cases are specific to the situation of the individual and how the entire matter occurred.
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