Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law

How about when the agent commits fraud by filing a false claim

Customer Question
How about when the...
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: 8 years ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 3 minutes by:
6/5/2009
Business Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,081
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
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.

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, 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. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”


Ask Your Own Business Law Question
Customer reply replied 8 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
Business Lawyer: Law Educator, Esq., Attorney replied 8 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.
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,081
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
Law Educator, Esq. and 87 other Business Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 121,081
121,081 Satisfied Customers
Experience: All corporate law, including non-profits and charitable fraternal organizations.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I need assistance with a business closure. My store was
I need assistance with a business closure. My store was closed inappropriately. Now they are suing for the remaining lease and a personal guarantee.I have the following areas I need support with. Prov… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,081 satisfied customers
I have a small business I have two contracts in a mine two
I have a small business I have two contracts in a mine two different planners asked me to do work I was told by several mine employees that one was the priority so I did that work the other planner go… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,712 satisfied customers
Can a proprietorship business be bought and sold? Is
Can a proprietorship business be bought and sold? Is proprietorship business considered to be legal entity? I am the seller and have separate tax id for this my healthcare small business..A buyer gave… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,081 satisfied customers
Is it legal for a business to offer their services to
Is it legal for a business to offer their services to individuals of families that live on or below our government's difinition of the poverty level… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a business contract case.The company closed years
I have a business contract case.The company closed years back, but since I was a personal guarantor there was a suit against me. The lawyer asked for discovery and I did not comply, and now the hearin… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Business consultant. I started a new business that will
business consultant. I started a new business that will offer 50 percent discounts on products and services. How can I get an email list of potential users of my new product? Either how grown or purch… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
I decided to sue my business partners. The business is going
I decided to sue my business partners. The business is going to operate in Panama city beach Florida but we live in Pembroke Pines Florida. What court should i use for this? … read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
Regarding terminating a business contract with a billing
Regarding terminating a business contract with a billing company that processes our billing. Both I and my partner signed contract as required by our Operating Agreement for the business . The billing… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
I'm starting a general contracting business in Chicago. I'm
Hello. I'm starting a general contracting business in Chicago. I'm considering forming an LLC as a holding company for future DBAs for each part of the business, including construction, cleaning/maint… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
A business executive candidate asked a business owner about
A business executive candidate asked a business owner about the details of the business' technology at a meeting. The business owner's IP attorney advised the business owner not to disclose the techno… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
I would like to write up a business sale contract of some
I would like to write up a business sale contract of some parts I sold to be paid in 2 years. Do you offer such custom contract?… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,289 satisfied customers
I own a small business, when bought I had a contract with my
I own a small business, when bought I had a contract with my brother he gets 25% and my mom gets 25%. However he has never paid taxes on the money I've given him and my mother and now he says he wants… read more
Barrister
Barrister
Attorney
Doctoral Degree
646 satisfied customers
I have an investment contract with a local business. I was
I have an investment contract with a local business. I was suppose to get 30% of profits monthly. They have defaulted on the agreement. What can I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
996 satisfied customers
Question about business/contract law breach of contract and
question about business/contract law breach of contract and file a complaint I like to consult with an attorney preferably from ILLINOIS… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
I took out a business contract which ran for 5 years and
I took out a business contract which ran for 5 years and included insurance via separate insurers. I received no insurance policy documents at the time of signing. Both companies are regulated by the … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a business/contract law question. I had a hearing in
I have a business/contract law question. I had a hearing in Superior Court with another business. We mutually agreed to remove our negative online reviews from each other's sites, three weeks ago. I h… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Is a contract from a business that can not be found in the
Is a contract from a business that can not be found in the database of the Secretary of Texas (we think it's a fake company) valid and enforceable? … read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
I recently ended a contract to start my own business and my
I recently ended a contract to start my own business and my former boss is claiming that I am in breach of contract and refusing to pay me and threatening to sue. The issue is that several of her clie… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x