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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 86056
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If you insurance company found that a company violated you

Customer Question

If you insurance company found that a company violated you does your insurance company have a duty to report the violator to the police, for example if a burglary happened and my complex was found by the insurance company to have forged the renters applications shouldnt my insurance company report this crime to the police or the proper authorities ?
 
There was a rental application was for low income, which I was not aware, and in the low income application I was tricked to sign a incomplete application and the complex filled in the asset information and left a portion of it blank.

When burglarized in 2009 the insurance company thought they would exploit the low income application asset portion as a way to say I didnt have the items I claimed stolen, the insurance company found a forged / incomplete rental application and I confirmed it was forged in 2009 and incomplete during a deposition, then the insurance company with held the evidence and the complex denied having a copy.

I know the insurance company should have reported crime of the complex for what the complex did to me

I would like you to cite a couple laws in the insurance section of FL law statues as my question . Thank you
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, the FL law or statutes contain no duty on an insurance company to report a criminal offense. The FL courts hold that although the common law recognized the crime of misprision of a felony for failing to report a felony to authorities, the substantive law of Florida does not recognize such a crime. Holland v. State, 302 So.2d 806 (Fla. 2d DCA 1974). The court held that the legal principle in FL is that a person generally has no duty to report a crime or to respond to police inquiries. See: Id.

While you believe correctly, that morally the insurance company should have reported the fraud, they were not under legal duty to report the crime and if you were the victim of any crime it was up to you, according to FL law, to report the crime if you chose to do so, but the FL statutes (none of them) impose any legal duty forcing an insurance company to report the offense.

If the insurance company withheld the evidence in a trial and you were a party to that case, it was up to you to introduce that evidence of fraud by the complex or to sue the complex for the fraud or file a criminal complaint against the complex for the fraud according to the FL case law and court rulings above I am afraid.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 10 months ago.

But the insurance company with held the evidence of the crime since 2009 , and the complex of course for their own safety stated that they lost the evidence since 2009 " renters application ".

 

So I as the victim have not been able to gather this information until recently when the insurance company finally turned over the evidence, note the insurance company waited until after the statue of limitations ran out for me to sue the complex.

 

Do you understand ?

 

Let me help you, lets replace the criminal offense of fraud with murder , lets say a life insurance company was investigating a murder of their insured, lets say that the insurance company found out who committed the murder but the police was to dumb to see, would the insurance company investigator have an obligation to report what he has found in his findings? What if the insurance company investigator hid the evidence and did not report the murder ?

 

Please cite the obligation violations by the insurance company .

 

 

 

Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your response. It takes some time to respond as we are working with multiple customers and also looking at case law takes an incredible amount of time, so I do not appreciate your bad rating when I was diligently working on your matter.

I do understand what you are saying. You are also saying you did not report the crime to the police or to the DA. However, now that you did turn up the evidence you can report it to the DA. Furthermore, in order for the DA to charge the insurance company, it would have to be as an accessory to the crime.

With regards XXXXX XXXXX accessory, to charge the insurance company with accessory to the crime of fraud, the courts have held that there are few Florida cases discussing what level of knowledge the defendant must have of the underlying crime. Mere suspicion that a crime has been committed is not enough. State v. Gardner, 112 N.M. 280, 814 P.2d 458 (Ct.App.1991). On the other hand, it is not essential that the State prove that Ms. Bowen was an eyewitness to each of Carr's crimes. See State v. Taylor, 283 So.2d 882 (Fla. 4th DCA 1973) (reversing dismissal of information for accessory after the fact when traverse alleged that the principal told defendant she had committed crimes). See: Bowen v. State, 791 So. 2d 44 (Fla. App., 2001) The court concluded that the state must prove that the insurance company either directly knew or was provided sufficiently reliable information of facts that would give a reasonable person sufficient basis to believe that the complex had committed the crime alleged. See: Bowen, supra.

Thus, you need to report the crime against the complex and the DA has to investigate to determine the involvement of the insurance company to determine if there is sufficient evidence to charge them as an accessory under FL Statute Ch. 95-184, § 13 or just charge the complex.

Customer: replied 10 months ago.

Ok well the insurance company revealed they had the evidence during a deposition in 2009 and then refused to hand over a copy of the evidence to to the victim. Of course everyone needs evidence to report a crime to the DA.

 

What level of knowledge do you consider the insurance company would of had of the crime when they had the evidence in 2009 and the crime was pointed out during a deposition by the victim in 2009 ?

 

Sorry about the rating it can be fixed.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your understanding and your response.

The courts, as I stated above from the case law, do not give clear rules on the level of knowledge required, this is something evaluated on a case by case basis by the DA and ultimately the courts. To determine that they had sufficient involvement the DA will have to find not that they did not take the initiative to report it (as there is no duty to make the actual initial report as stated by the above case law), but that when you reported the crime the insurance company knew about it because they had the document and they intentionally withheld the document from law enforcement authorities.

Thus, you have to file the criminal complaint of fraud yourself to the DA against the complex and that the insurance company was an accessory under the FL law and then it is up to the DA to evaluate the evidence, including the deposition from 2009 where this came up, to determine if that level of involvement of the insurance company would be sufficient based on what the actual evidence shows to allow them to charge BOTH the complex and the insurance company or just the complex.

Thank you about the rating.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 86056
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 20 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

You want to hear the interesting part is that the police investigators should have had access to the documents even without the insurance company if they had properly investigated the burglary of the apartment then they should have been able to clearly see the evidence not only to the crime of burglary but also to the crimes surrounding the burglary wouldnt you agree ?


 


can you cite the laws that the police officials violated , would it fall under negligent misrepresentation ?

Expert:  Law Educator, Esq. replied 10 months ago.
The police have what is called "qualified immunity" which protects them in the performance of their duties. In order to even hold the police liable for their investigation, you have to prove they engaged in willful misconduct to cover up the matter, not that they simply did not investigate the form that was filed. Investigation of the burglary does not normally include them getting forms from the complex it includes them looking at the scene and dusting for prints and writing a police report, that is the extent of their investigation.

Thus, there are no laws that the police violated if you are looking for statutes. "'Qualified immunity shields government officials from liability for civil damages for torts committed while performing discretionary duties unless their conduct violates a clearly established statutory or constitutional right.'" Furtado v. Law, 51 So. 3d 1269, 1274 (Fla. 4th DCA 2011) (quoting Hadley v. Gutierrez, 526 F.3d 1324, 1329 (11th Cir. 2008)). "'[Q]ualified immunity for government officials is the rule, liability and trials for liability the exception.'" Fernander v. Bonis, 947 So. 2d 584, 588 (Fla. 4th DCA 2007) (quoting Alexander v. Univ. of N. Fla., 39 F.3d 290, 291 (11th Cir. 1994)).

A police investigation is a discretionary function of the police as to how they report and investigate crime reports. Thus, the way the investigation was conducted absent proof they intentionally covered up a crime knowing that fraud was committed, this is protected under qualified immunity.

Additionally, the responsibility on reporting this fraud if you want to report it is on you. It is up to you to report the fraud to the DA now that you have uncovered it and that is what you need to do.
Customer: replied 10 months ago.

Actually I found out each police department is different with their reporting a crime policy.

 

It is a fact that the police lied on the initial report with mis-statements about window locks which evidence is available and clear, and it is also a fact the police took it upon their self to include the fact that the complex is low income in their statements and report attempting to make me look like a lier.

 

If I would have knowingly filled out the complex low income paperwork I would have been charged for making a false police report if the assets in the application was different than what was reported stolen as per my possessions, I would say they looked there to attempt to make me look like a lier and charge me as they hated me that much it seems. They even made statements that they didnt like me and that I look amish as well as other statements on the record in depositions.

Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your additional information. Again, police departments and officers do have discretion on how they conduct their investigation and some police officers conduct a better investigation than others, but again they are covered by the qualified immunity.

If you are alleging they intentionally discriminated against you because they thought you were Amish, this is a different story and a civil rights violation and you can sue for that discrimination.

Again, it still does not account for the fact you have not filed a fraud complaint with the DA regarding the fraud committed by the complex.


Thank you for your continued bad ratings. You have been given the case law and I understand you keep wanting to blame others for this, but you need to still report the complex for the fraud and you need to do that now and the DA will investigate the matter as discussed above.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 86056
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 20 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Can you send the case law link again please .

Expert:  Law Educator, Esq. replied 10 months ago.
I am sorry, but all of the case citations appear above. As far as the links, case law research costs us attorneys (not the site) over $160 per hour to access the site and the site is a pay for access site which I cannot grant you access to. You will have to look up the cases by citation at your local court library where they have free access to westlaw and lexisnexis case law databases.
Customer: replied 10 months ago.

I myself dont see the point in asking a question and having to look up the answer myself, just answer cost us users 25 and up per question , if I paid for an attorney at 160 per hour I would expect on an average about the same amount of questions to be answered.


I know attorneys these days are mostly bias nature corporate robots so I dont waste my gas money but I understand there are a few attorneys that know right from wrong and how to put the corrupted ones in check. I appreciate your attempts to share the citation with me but I do feel that citing the law should be the priority of a legal question.

Expert:  Law Educator, Esq. replied 10 months ago.
I gave you the answers. I cannot post the cases as they contain copyrighted content and you have to look them up via westlaw or lexisnexis. You keep wanting to blame me for following and complying with the laws. I gave you the citations, those are the laws absent any actual statutes. I have provided you the information, this is a service, if you read the terms of the service, that provides information and directs people where to go to help themselves.

I cannot spoon feed you more than I can legally provide you, but now you are asking me to violate copyright laws and provide copyrighted content or try to give you access to pay per service case law databases that would violate the terms of that service. I have given you what I can legally give you and you can look up the citations at westlaw or lexisnexis at the court library for free or you can go to findlaw.com and some of them will come up in that site. If you read the terms of this service, we are not even a case law research service as the cost is beyond the scope of what customers pay for this service, yet I did go out of my way to provide you what I could and I am sorry you fail to appreciate that.
Customer: replied 10 months ago.

Thats ok , I apologize I just assumed the laws are located in the statues not in other cases , just a small misunderstanding , I appreciate your assistance in confirming what I needed to confirm,


Good luck to you

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your understanding. Case law is the law when there are no specific statutes or when statutes require interpretation. I wish you the best.
Customer: replied 10 months ago.

If you like you could take the case . I have have all the required documents to prove the facts.


 


 

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you, but I am afraid site rules strictly forbid experts from representing anyone from this site.

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