Legal Question in Insurance Law in Florida

I bought a car in 2006 and I needed a co-signer. The vehicle was paid off and the lien was satisfied 3 years ago. The title came in my name OR the co signers name. The car was recently stolen and declared a total loss by Statefarm Insurance as the vehicle was not recovered. I have agreed to the settlement offer from Statefarm, but by law Statefarm has to notify the other person on the title thatbthe vehicle was stolen and they are paying out a settlement claim on it. The co-signer has advised Statefarm that she wants half of the claim settlement since she is on the title of the vehicle. The vehicle has been under my care, custody, and control since it was purchased. The co-signer never paid any monies to the then lien holder or insurance payments to the insurance company. Does she legally have a right to half the claim settlement money from my insurance company? If so, what can I do to prevent this from happening?

Asked on 11/14/16, 3:22 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

State Farm will want her consent or a Court Order.

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Answered on 11/14/16, 3:28 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

She legally does have a right if she is on the title. You can sue her for a declaratory action determining the monies due to each of you from the proceeds. better to try and work it out.

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Answered on 11/15/16, 3:56 am

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