October 9, 2025 • 17 mins
For Colbert Court, Attorney Glenn Klausman brings us a case where a man named Bob, who owns a company, and his girlfriend went out for dinner and then Bob let the girlfriend drive them back to her house. Unfortunately, the girlfriend caused an accident and Bob’s auto insurance company denied insurance coverage. Can Bob’s insurance company get away with the denial of insurance coverage?
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Episode Transcript
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Speaker 1 (00:03):
Hey guys. Tony here, Hey Tony, just wanted to say
I appreciate you, love what you do, love listening to you.
Thank you, brother, I love iHeart. I'm down in Delray Beach.
I'm from Orlando, so halfway down here, I lost the
station and I had to had to sign an eye
R to get it going again. I appreciate it. Thanks
keeping me keeping entertained on the road. Thank you guys.
Speaker 2 (00:25):
Thank you, Buddy, Love you too, Buddy.
Speaker 3 (00:27):
Appreciate every single call we get like that.
Speaker 2 (00:28):
It's awesome.
Speaker 3 (00:29):
This is a great radio station. From the unbelievable dominant
monsters to the.
Speaker 2 (00:33):
News junkie to us.
Speaker 3 (00:35):
We love broadcasting for you guys all the way up
through Tom and Dan and on the weekends with all
of our specialty programming. We appreciate you guys digging it
for sure, and thanks for going and saying it means
a lot, all right, seven seven zero three one. That's
how you text us. You're a four oclock keyword is bank.
So'll have some time to get over to real radio,
Real radio dot FM and send that away for your
chance out one thousand dollars.
Speaker 4 (00:54):
Just one more compliment on the station. Yeah yeah, Jack
the way you curate the music on the weekends. Anybody
who has a love for alternative music and you don't
know where you can find it, just turn into Real
Radio one or four point one.
Speaker 2 (01:06):
There's a good job.
Speaker 3 (01:06):
Yeah, and of course all the cool stuff we have
going on. I mean, you know, Jesse Martin, the show
has been on the air for how long?
Speaker 2 (01:11):
Jack A while? Fifteen fifteen years more?
Speaker 5 (01:13):
Yeah, because it was in two parts, right, yeah, it's
been like a twenty year run almost.
Speaker 3 (01:18):
I'm Jim, there's deb hello, Jack is here as well. Yeah,
so as saw standing. Don't forget about Holos Radio. That's wrong,
all right, Let's.
Speaker 2 (01:25):
Do Colberg Court when you are listening to is real?
Speaker 3 (01:27):
Well sort of.
Speaker 2 (01:29):
The participants are not actors as a fact.
Speaker 4 (01:32):
This is, however, a real case that will be decided
here in our four um A Colberg Court.
Speaker 3 (01:38):
That's right, Colbert Court, brought to you by our good
buddy Glenn Klausman A Closman Law. That's k L A
U S M A N Law dot Com offices in
winter Park four oh seven nine one seven seventeen eighteen
car crash call Clausman. You guys give it up, good
loud for a buddy, Glenn Clausman king, thank you you
see I always it was in wait, you look good, buddy,
you really do you look amazing?
Speaker 2 (02:00):
Are you? And are you? Are you prepping?
Speaker 3 (02:01):
Are you prepping the beard for the holiday?
Speaker 6 (02:03):
Seem I thought we were gonna have a trial on Monday,
but we got bumped.
Speaker 2 (02:07):
So, uh, what does that?
Speaker 3 (02:08):
What bumps the tribal trial judge's schedule?
Speaker 6 (02:11):
It is, we're on a two week docket, which means
last Monday we would have started, but we were behind
an older case. So the older case started, and as
long as it looked like the older case is going
to go past this Friday tomorrow, we wouldn't get to
start our trial that takes one week starting Monday the thirteenth.
So today the judge determined that obviously the trial he's
(02:34):
got going is not going to finish this Friday, so
he bumped us to what is his next docket that
he wants to put us on.
Speaker 3 (02:41):
That's going to be tough on you, right, because don't
you guys have to be pretty tight schedule the client.
Speaker 2 (02:46):
His client's been waiting around. We were set first in May.
Speaker 6 (02:49):
The other side, postpone pushed the postpone it because they
weren't ready set again, and in September the other side again.
Speaker 2 (02:54):
You know.
Speaker 6 (02:55):
Then we're up in October and are in front of
the judge. You know, oh, well we need to push
us off again. Je blah blah blah. And the judge
didn't do it. But by virtue of the other case
that was ahead of us taking too long, we automatically
get bumped.
Speaker 3 (03:07):
How often do you wind up in court? How often
do you argue a case?
Speaker 6 (03:11):
Actually in trial, not that often, but arguing, hearing his motions,
things like that pretty often.
Speaker 3 (03:15):
Do you like the trial stuff? I know some attorneys do,
some attorneys don't.
Speaker 2 (03:18):
It's uh, the prep is a lot of work.
Speaker 6 (03:21):
But once you get all the prep done, you just
hope everything want to smooth a trial, And yeah, it's
it's interesting.
Speaker 3 (03:26):
Any of the cases similar when it comes to prepping
or they? I mean, I know that they're all different
because it's different people, different circumstances. But there can be
a single way to prep for any case that you
have to argue, right, I don't know.
Speaker 6 (03:35):
The prep is you need to know everything you need
to know, and you need know how to figure out
to tell that you know the story correctly to the jury.
Speaker 3 (03:41):
Yeah, is there a particular attorney in town that you
don't like facing if you come into the court room
and that and the particular person you're you're against hired
that attorney.
Speaker 2 (03:51):
Is there somebody that you really don't like going up against?
Speaker 4 (03:53):
Ye?
Speaker 3 (03:54):
Say the name, Glad, say the name.
Speaker 2 (03:55):
I mean, it's just is there somebody out there there
there are?
Speaker 6 (03:59):
There is an attorney out there that a lot of
attorneys don't like to have any other side because the
perception is he's not as.
Speaker 3 (04:06):
Uh savory fair as some of the other people.
Speaker 2 (04:10):
The other people.
Speaker 3 (04:10):
All right, well, I'm going this case.
Speaker 6 (04:11):
We got Miami attorneys, and I'm learning quite well that
it's a different world down there.
Speaker 3 (04:16):
Yeah, yeah, I can only imagine. We've talked about that
for years, much more, much more cutthroat. And yeah, you
know that they're not up here. You know, we're up
here all the time dealing with the local folks all
the time. The local lawyers, the judges know us. Everybody
knows everybody to some degree. If you don't, you know
people who do know you.
Speaker 2 (04:31):
Yea.
Speaker 6 (04:31):
And but when you get these out of town folks
like from South Florida, they don't care.
Speaker 3 (04:35):
There's a lot of bad faith guys up there out there.
I remember, there's like hordes of them down there, and
they and they just kind of they use this blanket
technique almost right.
Speaker 2 (04:44):
I don't know, it's just.
Speaker 6 (04:45):
Like they're they're not as uh, sometimes we feel like
they're not as honest as they should be.
Speaker 3 (04:51):
I'll just put it down, Yeah, we'll put it there there,
all right. Well, Glenn brings a case in to us
every week. We read that case and then kind of
figure it out. Then of course, once we do our best,
we'll send the case over to Glen. And this entire
segment is basically just to show you how important it
is to pay attention to certain things while you're buying
your insurance after an accident, before an accident, during an accident,
what you're supposed to do, who you're supposed to call,
all of these things are very important. Of course, Suppose
(05:13):
people getting crashes or getting the situations every single day
of their life, and sometimes they get into a situation
where you can say or do the wrong thing and
it can wind up costing you thousands, tens of thousands
of dollars, maybe your entire case and what is the
onus of this case today?
Speaker 6 (05:28):
The onus is this something that is going on right now? Yeah,
the case that I undertook, and it's become very interesting.
Speaker 3 (05:34):
And I told people I thought this would be a
good case to read before the holidays, because as people
start going to holiday parties and stuff, they'll be leaning
on other people who maybe don't drink to get them home,
and maybe those people aren't necessarily on their insurance.
Speaker 2 (05:47):
Here we go, let's go.
Speaker 3 (05:48):
Bob owns a company and has auto insurance. Bob and
his girlfriend went out for dinner and Bob let the
girlfriend drive them back to her house. Unfortunately, the girlfriend
caused an accident, and Bob's auto insurance company denied insurance coverage,
claiming the girlfriend was not listed as a driver on
Bob's policy. Bob's vehicles damage, the other vehicle in the
(06:11):
collision is damaged, and the person whose car was re
rendered has injuries. Bob has full insurance coverage. That is
refusing to pay anything.
Speaker 6 (06:21):
Because insurance is refusing Yeah.
Speaker 3 (06:23):
Anything, anything can can Bob's insurance get away with the
denial of insurance coverage. So Bob is a car, he
owns a company that car is covered. They go out
to dinner, maybe he has a couple drinks. Who knows
what's happening. He says, you drive us home. Girlfriend drives home,
gets in an accident. Obviously she rear in somebody. They
go to his insurance company where they've been paying the
fees and ask for the help. They say, look, she
(06:45):
was driving and you're not. She's not listed as a
driver on your policy. So unfortunately we can't help you
out because you didn't follow the policy.
Speaker 2 (06:53):
And nice knowing you ah claim.
Speaker 4 (06:57):
Denied and the wow, I don't. I don't think you
can force them. I'm trying to think of what areas
you you could.
Speaker 3 (07:09):
And they're not married, not married, not live together. They
do not coabitate, correct, right?
Speaker 4 (07:14):
Would that change anything?
Speaker 2 (07:16):
Well? This really stinks.
Speaker 5 (07:18):
But unless there is some clause that says if he
was drinking and by making the right choice, that it like.
Speaker 6 (07:28):
I like the word clause because you know it's a
part of my name, but there is no such clause.
There is a clause, then there there's no clause about
that in the post. No.
Speaker 3 (07:38):
I have a feeling they're going to get away with
this id too.
Speaker 4 (07:40):
I think that she's going to have to lean on
her own insurance.
Speaker 3 (07:43):
I don't for some reason, because I I don't believe
that you.
Speaker 2 (07:47):
I don't believe.
Speaker 3 (07:47):
Okay, she's not going to refer to any case law.
Speaker 2 (07:50):
I can't.
Speaker 3 (07:50):
She can't. She's not constantly driving the car. I think
the whole idea of had don't. Don't they have to
live together for him to be required to have her
on the pola. But isn't that the important part? Like
if you live in a house and you have a
bunch of kids, they have to be on the policy
because they have the ability to drive the car because
they live there. She doesn't do that, So I don't
think that falls in. I don't think it works here.
Speaker 5 (08:11):
But what's in this a commercial situation where it's the
commercial vehicle?
Speaker 2 (08:15):
It's the business vehicle.
Speaker 4 (08:16):
Yeah, it's the business it's not the personal vehicle.
Speaker 5 (08:18):
So on the business side, you would have to list
everyone who would be driving.
Speaker 2 (08:23):
That's a good point. Was it a company car company vehicle?
Speaker 7 (08:27):
Ye?
Speaker 4 (08:28):
And you'd almost think he wouldn't want to use his
insurance because then I would imagine insurance for business vehicles
would be far more expensive than personal.
Speaker 6 (08:36):
In this case, his insurance he only has a business vehicle.
It's a big pickup truck, and that's what he has,
a small business and he has business coverage for it.
Speaker 4 (08:46):
Now, someone texted us at seven seven zero three one saying,
pretty sure she doesn't need to be listed unless her
license uses his address.
Speaker 2 (08:55):
See that's what I'm talking about.
Speaker 4 (08:56):
Is like that, that's where the girlfriend and the cohabiting cohabitating.
Speaker 3 (09:00):
Yeah, yeah, I think that that's that? Is that a
part of a Glennam I close? Am I warm? That's interesting? Yeah?
Speaker 6 (09:06):
I don't know if anybody else has.
Speaker 8 (09:10):
Well, may I ask him a movie question real fast
for the court of law? That sure you ever heard
of the franchise LAMB before Tom Yeah, yeah, of course
you remember the little dinosaur Ducky Yeah, Ducky Yeah, Ducky
always felt tragedy after tragedy.
Speaker 7 (09:26):
No such thing as a happy ending for Ducky. No
such thing as a happy ending for all those little
baby dinos. You see where I'm going with this.
Speaker 4 (09:33):
I do not know, absolutely not, Glenn, to you, this is.
Speaker 2 (09:37):
No happy ending.
Speaker 6 (09:37):
Here is what he's saying.
Speaker 3 (09:38):
I think I.
Speaker 7 (09:41):
Believe, whether it be Daddy Tops or shop Tooth, all
dinosaurs will die in the end. And I believe that
the only out that this person has other than going
up the creek with a very unfortunate first name. I
would like to say I think not insured motors covered
(10:02):
somehow plays a massive role in.
Speaker 3 (10:03):
So Wow, if the other person had it that she
rear ended, if they had it, it would it would?
Speaker 2 (10:09):
How would that help? We haven't? Does he have it?
I'm still walking on the cha.
Speaker 6 (10:16):
Do they have an insurance in the weeds? Yeah, well
the person that he injured, that she injured does not
have on insured motoris coverage.
Speaker 2 (10:24):
Okay, or the injury is bad there If you're her,
they're bad.
Speaker 6 (10:28):
Yeah yeah, there's no fractice, but yeah they're bad.
Speaker 3 (10:31):
Yeah yeah, yeah, yep.
Speaker 4 (10:34):
I'll say he's His insurance is not going to cover her.
Her only option is going to be able to go
through her own car insurance obviously.
Speaker 3 (10:42):
Inured motorist coverage.
Speaker 7 (10:43):
Could we go full Oppenheimer and go for the nuclear
codes and sue the insurance company.
Speaker 6 (10:49):
No, you can't sue the insurance company. Unfortunately, the law
in Florida that that's right. The insurance industry has made
sure stays in place is that when a driver has insurance,
and that driver quill u as injuries to someone else,
you have to sue the driver. You cannot sue the
insurance company. Thinking the thinking gas would be jurors who
tend to award more money if they knew it was
(11:09):
an insurance company as opposed to an individual.
Speaker 2 (11:13):
But this can't be the case.
Speaker 3 (11:14):
I mean, it can't be that it would be that
simple that you know, just because she drove the vehicle
home and cause an accident, that all of a sudden
it completely negates every single fee or every every due
that that this dude is paid.
Speaker 2 (11:27):
There's that There's no way that's accurate.
Speaker 4 (11:29):
I want to live, hope not.
Speaker 2 (11:30):
But that's the world I want to live here.
Speaker 4 (11:33):
Yeah, but I think with all these changes to Florida law,
I could see where that absolutely would be the case.
Speaker 2 (11:38):
Was she employed in any way, shape or form with
the company.
Speaker 6 (11:41):
That's a great question too. See here's what happens insurance
companies now more and more, especially as certain companies are
denying insurance coverage when they can, they try to figure
out every way they can, every way they can diet
deny it. So if they see the driver is somebody
not listened on your policy, they may just say well,
we're not going to provide any insurance coverage, and then
they start taking statements from folks. Number one, they want
(12:04):
to ask did this driver live in your household. If
they did and you haven't listed them on your policy,
there's no coverage. So you have to make sure if
you're letting somebody drive your vehicle and they live in
your household, that you've told the insurance company on your
insurance application that yes, this person lives in my household.
Speaker 3 (12:19):
And that's important for parents's kids are turning like sixteen,
seventeen years old, you got to put them on there
because if something happens, even if they just borrow the
car without your knowledge and cause an accident, you're in
really bad shape.
Speaker 2 (12:28):
There.
Speaker 6 (12:29):
Anybody fifteen and over, you have to let your insurance
company know their licensed, whether a license or not. They're
in your they're in your household company licensed.
Speaker 3 (12:38):
If they have their own car insurance.
Speaker 6 (12:42):
If they have their own car insurance, you go after
their own car insurance.
Speaker 5 (12:44):
Yeah, well, I'm saying as far as notifying your car company.
So if my daughter has car insurance with another company,
I don't have to do. I have to list her
on my policy because she has her own car and
her own car insurance.
Speaker 6 (12:59):
Is she driving your car?
Speaker 2 (13:00):
No? And does she live with you?
Speaker 3 (13:03):
Yes? I would make sure the company knows she lives
with you. Yeah, because she still has access to your vehicle.
That's what they're saying. Well, here's the other situation.
Speaker 6 (13:10):
Because she lives with you, she can be in your
car when an accident happens, and she could be injured,
and she would then be entitled to get her medical
bills paid. And you'd want to make sure the insurance
company knows that she's got coverage. Your uninsured motors coverage
would cover. So you want to make sure sure the
insurance company knows, or they'll say your uninsured motors coverage
is not going to.
Speaker 5 (13:30):
Cover uninsured motors coverage. That sounds new. Is that something
we should all have?
Speaker 6 (13:34):
Absolutely? Absolutely, we talk about it every week. The second
thing is the insurance companies. They'll ask did she live
with you this particular cast we're talking about with Bob,
they found out she doesn't live with Bob, Well, did
she work for you? If she was an employee and
he did not list her on his insurance application to
be on the policy, then again they're going to have
(13:55):
a reason to deny coverage. And the other question is
how frequently did she drive your vehicle? If she's not
an employee and she doesn't live with you, If she
was a frequent user of your vehicle, then that's another
reason they can deny coverage. So the message the folks
out there is, if you've got somebody that's frequently using
your vehicle, you need to make sure that your insurance
company knows or if there's an accident, they're going to
(14:16):
deny insurance coverage. Then if that person causes an accident
driving your vehicle, you could be on the hook for
all the injuries and damage that that person causes because
your insurance is going to say, we're.
Speaker 2 (14:25):
Not going to cover you. And that's what happened here.
That's what happened here.
Speaker 6 (14:29):
But what happened was, you know, they claimed they took statements,
and the first of all, they claimed, oh, the owner's
not cooperating with us. He won't give us a statement.
So because he's not cooperating, we don't have to provide insurance,
which unfortunately, this policy says, you don't cooperate, you're going
to be on your own.
Speaker 2 (14:45):
You know, I got a hold of them.
Speaker 6 (14:47):
They began cooperating. They explained, no, she's not an employee,
No she didn't live with me, and no she wasn't
a frequent user in my vehicle. And after back and forth,
back and forth and filing a lawsuit, finally said, okay,
we'll provide insurance coverage.
Speaker 2 (15:02):
Oh wow, really?
Speaker 3 (15:03):
Yeah, So it took you filing a lawsuit against the
company to show them that you are absolutely that's what.
Speaker 6 (15:08):
And I weren't even paying for the damage to the
guy's dodge, his own pickup truck theydn't they weren't paying
for anything.
Speaker 4 (15:15):
Wow.
Speaker 3 (15:16):
Really, So this is and again just kind of you know, reiterate.
One of the reasons we do the segment is so
I think one of the most important things that you
can take out of this today is is, you know,
you probably shouldn't just listen to the first thing that's
told to you by even your own insurance company. You
should never just listen. If they say, well you're denied,
you just go, okay, well, I guess I'm screwed. You
should not accept that answer as the final answer. You
(15:37):
should probably seek some guidance and find out if that's
the actual truth.
Speaker 2 (15:40):
Correct that's correct. That's correct.
Speaker 6 (15:42):
And also when you take out insurance, if you're using
an agent or if you're doing it online, make sure
everything's complete and you're not leaving something out. You know,
every now and then I see a case where stuff's
left out and the person says, well, I didn't, I didn't.
I signed all that, but my agent must have all
that in and he used the wonder forgot to put
it in. And I told them about it. Well, if
it's in paper, you signed it, you're stuck.
Speaker 3 (16:03):
Yeah, yeah, it's true. Regardless, you have to go over that.
Make sure you really pay attention to it. Especially say
to Florida man, more than any I mean really.
Speaker 6 (16:10):
Especially now when we see more and more insurance companies
using an excuse to deny insurance coverage to folks.
Speaker 3 (16:15):
Unbelievable. Yeah, great case to any buddy, than very much.
And as people kind of going through these holidays, you know,
people are going to be driving you home, maybe you've
had a little bit to drink, and need stop and
think about this kind of stuff, because anything can happen
at any time. You don't even have to be the
reason this. It just turns out they were this time.
But it could happen to you as well.
Speaker 2 (16:30):
Jack.
Speaker 3 (16:30):
The other a question.
Speaker 5 (16:31):
Texter just wrote in that they are expect he and
his wife are expecting a child soon and does he
have to let his auto insurance know that they're having
a kid. That's not until that kid turns the age
of getting a permit.
Speaker 3 (16:44):
Fifteen fifteen, age fifteen. You got a little time, sir, Yeah,
a tiny bit, all right, but laugh for Gleen. Guys,
it's clothing lock k l A U S M A
in law dot com offices again right there in Wonder
part four oh seven nine one seven seventeen eighteen car
crash called Klosman.
Speaker 2 (17:03):
Look.
Speaker 3 (17:03):
Has done a lot of good work for everybody in
this room, for our families.
Speaker 2 (17:06):
Have taken care of us. He'll take good care of
you as well.
Speaker 3 (17:09):
Always reachable, that's the number one asset, mister Klausman.
Speaker 2 (17:12):
And you're smart too. I don't know.
Speaker 3 (17:14):
Try to be I try to be at least at
least reachable.
Speaker 2 (17:16):
How a good weak you make?
Speaker 3 (17:17):
Yeah? Sorry for seven nine one six four one. Get
a fresh keyword for you next
Hey guys. Tony here, Hey Tony, just wanted to say
I appreciate you, love what you do, love listening to you.
Thank you, brother, I love iHeart. I'm down in Delray Beach.
I'm from Orlando, so halfway down here, I lost the
station and I had to had to sign an eye
R to get it going again. I appreciate it. Thanks
keeping me keeping entertained on the road. Thank you guys.
Speaker 2 (00:25):
Thank you, Buddy, Love you too, Buddy.
Speaker 3 (00:27):
Appreciate every single call we get like that.
Speaker 2 (00:28):
It's awesome.
Speaker 3 (00:29):
This is a great radio station. From the unbelievable dominant
monsters to the.
Speaker 2 (00:33):
News junkie to us.
Speaker 3 (00:35):
We love broadcasting for you guys all the way up
through Tom and Dan and on the weekends with all
of our specialty programming. We appreciate you guys digging it
for sure, and thanks for going and saying it means
a lot, all right, seven seven zero three one. That's
how you text us. You're a four oclock keyword is bank.
So'll have some time to get over to real radio,
Real radio dot FM and send that away for your
chance out one thousand dollars.
Speaker 4 (00:54):
Just one more compliment on the station. Yeah yeah, Jack
the way you curate the music on the weekends. Anybody
who has a love for alternative music and you don't
know where you can find it, just turn into Real
Radio one or four point one.
Speaker 2 (01:06):
There's a good job.
Speaker 3 (01:06):
Yeah, and of course all the cool stuff we have
going on. I mean, you know, Jesse Martin, the show
has been on the air for how long?
Speaker 2 (01:11):
Jack A while? Fifteen fifteen years more?
Speaker 5 (01:13):
Yeah, because it was in two parts, right, yeah, it's
been like a twenty year run almost.
Speaker 3 (01:18):
I'm Jim, there's deb hello, Jack is here as well. Yeah,
so as saw standing. Don't forget about Holos Radio. That's wrong,
all right, Let's.
Speaker 2 (01:25):
Do Colberg Court when you are listening to is real?
Speaker 3 (01:27):
Well sort of.
Speaker 2 (01:29):
The participants are not actors as a fact.
Speaker 4 (01:32):
This is, however, a real case that will be decided
here in our four um A Colberg Court.
Speaker 3 (01:38):
That's right, Colbert Court, brought to you by our good
buddy Glenn Klausman A Closman Law. That's k L A
U S M A N Law dot Com offices in
winter Park four oh seven nine one seven seventeen eighteen
car crash call Clausman. You guys give it up, good
loud for a buddy, Glenn Clausman king, thank you you
see I always it was in wait, you look good, buddy,
you really do you look amazing?
Speaker 2 (02:00):
Are you? And are you? Are you prepping?
Speaker 3 (02:01):
Are you prepping the beard for the holiday?
Speaker 6 (02:03):
Seem I thought we were gonna have a trial on Monday,
but we got bumped.
Speaker 2 (02:07):
So, uh, what does that?
Speaker 3 (02:08):
What bumps the tribal trial judge's schedule?
Speaker 6 (02:11):
It is, we're on a two week docket, which means
last Monday we would have started, but we were behind
an older case. So the older case started, and as
long as it looked like the older case is going
to go past this Friday tomorrow, we wouldn't get to
start our trial that takes one week starting Monday the thirteenth.
So today the judge determined that obviously the trial he's
(02:34):
got going is not going to finish this Friday, so
he bumped us to what is his next docket that
he wants to put us on.
Speaker 3 (02:41):
That's going to be tough on you, right, because don't
you guys have to be pretty tight schedule the client.
Speaker 2 (02:46):
His client's been waiting around. We were set first in May.
Speaker 6 (02:49):
The other side, postpone pushed the postpone it because they
weren't ready set again, and in September the other side again.
Speaker 2 (02:54):
You know.
Speaker 6 (02:55):
Then we're up in October and are in front of
the judge. You know, oh, well we need to push
us off again. Je blah blah blah. And the judge
didn't do it. But by virtue of the other case
that was ahead of us taking too long, we automatically
get bumped.
Speaker 3 (03:07):
How often do you wind up in court? How often
do you argue a case?
Speaker 6 (03:11):
Actually in trial, not that often, but arguing, hearing his motions,
things like that pretty often.
Speaker 3 (03:15):
Do you like the trial stuff? I know some attorneys do,
some attorneys don't.
Speaker 2 (03:18):
It's uh, the prep is a lot of work.
Speaker 6 (03:21):
But once you get all the prep done, you just
hope everything want to smooth a trial, And yeah, it's
it's interesting.
Speaker 3 (03:26):
Any of the cases similar when it comes to prepping
or they? I mean, I know that they're all different
because it's different people, different circumstances. But there can be
a single way to prep for any case that you
have to argue, right, I don't know.
Speaker 6 (03:35):
The prep is you need to know everything you need
to know, and you need know how to figure out
to tell that you know the story correctly to the jury.
Speaker 3 (03:41):
Yeah, is there a particular attorney in town that you
don't like facing if you come into the court room
and that and the particular person you're you're against hired
that attorney.
Speaker 2 (03:51):
Is there somebody that you really don't like going up against?
Speaker 4 (03:53):
Ye?
Speaker 3 (03:54):
Say the name, Glad, say the name.
Speaker 2 (03:55):
I mean, it's just is there somebody out there there
there are?
Speaker 6 (03:59):
There is an attorney out there that a lot of
attorneys don't like to have any other side because the
perception is he's not as.
Speaker 3 (04:06):
Uh savory fair as some of the other people.
Speaker 2 (04:10):
The other people.
Speaker 3 (04:10):
All right, well, I'm going this case.
Speaker 6 (04:11):
We got Miami attorneys, and I'm learning quite well that
it's a different world down there.
Speaker 3 (04:16):
Yeah, yeah, I can only imagine. We've talked about that
for years, much more, much more cutthroat. And yeah, you
know that they're not up here. You know, we're up
here all the time dealing with the local folks all
the time. The local lawyers, the judges know us. Everybody
knows everybody to some degree. If you don't, you know
people who do know you.
Speaker 2 (04:31):
Yea.
Speaker 6 (04:31):
And but when you get these out of town folks
like from South Florida, they don't care.
Speaker 3 (04:35):
There's a lot of bad faith guys up there out there.
I remember, there's like hordes of them down there, and
they and they just kind of they use this blanket
technique almost right.
Speaker 2 (04:44):
I don't know, it's just.
Speaker 6 (04:45):
Like they're they're not as uh, sometimes we feel like
they're not as honest as they should be.
Speaker 3 (04:51):
I'll just put it down, Yeah, we'll put it there there,
all right. Well, Glenn brings a case in to us
every week. We read that case and then kind of
figure it out. Then of course, once we do our best,
we'll send the case over to Glen. And this entire
segment is basically just to show you how important it
is to pay attention to certain things while you're buying
your insurance after an accident, before an accident, during an accident,
what you're supposed to do, who you're supposed to call,
all of these things are very important. Of course, Suppose
(05:13):
people getting crashes or getting the situations every single day
of their life, and sometimes they get into a situation
where you can say or do the wrong thing and
it can wind up costing you thousands, tens of thousands
of dollars, maybe your entire case and what is the
onus of this case today?
Speaker 6 (05:28):
The onus is this something that is going on right now? Yeah,
the case that I undertook, and it's become very interesting.
Speaker 3 (05:34):
And I told people I thought this would be a
good case to read before the holidays, because as people
start going to holiday parties and stuff, they'll be leaning
on other people who maybe don't drink to get them home,
and maybe those people aren't necessarily on their insurance.
Speaker 2 (05:47):
Here we go, let's go.
Speaker 3 (05:48):
Bob owns a company and has auto insurance. Bob and
his girlfriend went out for dinner and Bob let the
girlfriend drive them back to her house. Unfortunately, the girlfriend
caused an accident, and Bob's auto insurance company denied insurance coverage,
claiming the girlfriend was not listed as a driver on
Bob's policy. Bob's vehicles damage, the other vehicle in the
(06:11):
collision is damaged, and the person whose car was re
rendered has injuries. Bob has full insurance coverage. That is
refusing to pay anything.
Speaker 6 (06:21):
Because insurance is refusing Yeah.
Speaker 3 (06:23):
Anything, anything can can Bob's insurance get away with the
denial of insurance coverage. So Bob is a car, he
owns a company that car is covered. They go out
to dinner, maybe he has a couple drinks. Who knows
what's happening. He says, you drive us home. Girlfriend drives home,
gets in an accident. Obviously she rear in somebody. They
go to his insurance company where they've been paying the
fees and ask for the help. They say, look, she
(06:45):
was driving and you're not. She's not listed as a
driver on your policy. So unfortunately we can't help you
out because you didn't follow the policy.
Speaker 2 (06:53):
And nice knowing you ah claim.
Speaker 4 (06:57):
Denied and the wow, I don't. I don't think you
can force them. I'm trying to think of what areas
you you could.
Speaker 3 (07:09):
And they're not married, not married, not live together. They
do not coabitate, correct, right?
Speaker 4 (07:14):
Would that change anything?
Speaker 2 (07:16):
Well? This really stinks.
Speaker 5 (07:18):
But unless there is some clause that says if he
was drinking and by making the right choice, that it like.
Speaker 6 (07:28):
I like the word clause because you know it's a
part of my name, but there is no such clause.
There is a clause, then there there's no clause about
that in the post. No.
Speaker 3 (07:38):
I have a feeling they're going to get away with
this id too.
Speaker 4 (07:40):
I think that she's going to have to lean on
her own insurance.
Speaker 3 (07:43):
I don't for some reason, because I I don't believe
that you.
Speaker 2 (07:47):
I don't believe.
Speaker 3 (07:47):
Okay, she's not going to refer to any case law.
Speaker 2 (07:50):
I can't.
Speaker 3 (07:50):
She can't. She's not constantly driving the car. I think
the whole idea of had don't. Don't they have to
live together for him to be required to have her
on the pola. But isn't that the important part? Like
if you live in a house and you have a
bunch of kids, they have to be on the policy
because they have the ability to drive the car because
they live there. She doesn't do that, So I don't
think that falls in. I don't think it works here.
Speaker 5 (08:11):
But what's in this a commercial situation where it's the
commercial vehicle?
Speaker 2 (08:15):
It's the business vehicle.
Speaker 4 (08:16):
Yeah, it's the business it's not the personal vehicle.
Speaker 5 (08:18):
So on the business side, you would have to list
everyone who would be driving.
Speaker 2 (08:23):
That's a good point. Was it a company car company vehicle?
Speaker 7 (08:27):
Ye?
Speaker 4 (08:28):
And you'd almost think he wouldn't want to use his
insurance because then I would imagine insurance for business vehicles
would be far more expensive than personal.
Speaker 6 (08:36):
In this case, his insurance he only has a business vehicle.
It's a big pickup truck, and that's what he has,
a small business and he has business coverage for it.
Speaker 4 (08:46):
Now, someone texted us at seven seven zero three one saying,
pretty sure she doesn't need to be listed unless her
license uses his address.
Speaker 2 (08:55):
See that's what I'm talking about.
Speaker 4 (08:56):
Is like that, that's where the girlfriend and the cohabiting cohabitating.
Speaker 3 (09:00):
Yeah, yeah, I think that that's that? Is that a
part of a Glennam I close? Am I warm? That's interesting? Yeah?
Speaker 6 (09:06):
I don't know if anybody else has.
Speaker 8 (09:10):
Well, may I ask him a movie question real fast
for the court of law? That sure you ever heard
of the franchise LAMB before Tom Yeah, yeah, of course
you remember the little dinosaur Ducky Yeah, Ducky Yeah, Ducky
always felt tragedy after tragedy.
Speaker 7 (09:26):
No such thing as a happy ending for Ducky. No
such thing as a happy ending for all those little
baby dinos. You see where I'm going with this.
Speaker 4 (09:33):
I do not know, absolutely not, Glenn, to you, this is.
Speaker 2 (09:37):
No happy ending.
Speaker 6 (09:37):
Here is what he's saying.
Speaker 3 (09:38):
I think I.
Speaker 7 (09:41):
Believe, whether it be Daddy Tops or shop Tooth, all
dinosaurs will die in the end. And I believe that
the only out that this person has other than going
up the creek with a very unfortunate first name. I
would like to say I think not insured motors covered
(10:02):
somehow plays a massive role in.
Speaker 3 (10:03):
So Wow, if the other person had it that she
rear ended, if they had it, it would it would?
Speaker 2 (10:09):
How would that help? We haven't? Does he have it?
I'm still walking on the cha.
Speaker 6 (10:16):
Do they have an insurance in the weeds? Yeah, well
the person that he injured, that she injured does not
have on insured motoris coverage.
Speaker 2 (10:24):
Okay, or the injury is bad there If you're her,
they're bad.
Speaker 6 (10:28):
Yeah yeah, there's no fractice, but yeah they're bad.
Speaker 3 (10:31):
Yeah yeah, yeah, yep.
Speaker 4 (10:34):
I'll say he's His insurance is not going to cover her.
Her only option is going to be able to go
through her own car insurance obviously.
Speaker 3 (10:42):
Inured motorist coverage.
Speaker 7 (10:43):
Could we go full Oppenheimer and go for the nuclear
codes and sue the insurance company.
Speaker 6 (10:49):
No, you can't sue the insurance company. Unfortunately, the law
in Florida that that's right. The insurance industry has made
sure stays in place is that when a driver has insurance,
and that driver quill u as injuries to someone else,
you have to sue the driver. You cannot sue the
insurance company. Thinking the thinking gas would be jurors who
tend to award more money if they knew it was
(11:09):
an insurance company as opposed to an individual.
Speaker 2 (11:13):
But this can't be the case.
Speaker 3 (11:14):
I mean, it can't be that it would be that
simple that you know, just because she drove the vehicle
home and cause an accident, that all of a sudden
it completely negates every single fee or every every due
that that this dude is paid.
Speaker 2 (11:27):
There's that There's no way that's accurate.
Speaker 4 (11:29):
I want to live, hope not.
Speaker 2 (11:30):
But that's the world I want to live here.
Speaker 4 (11:33):
Yeah, but I think with all these changes to Florida law,
I could see where that absolutely would be the case.
Speaker 2 (11:38):
Was she employed in any way, shape or form with
the company.
Speaker 6 (11:41):
That's a great question too. See here's what happens insurance
companies now more and more, especially as certain companies are
denying insurance coverage when they can, they try to figure
out every way they can, every way they can diet
deny it. So if they see the driver is somebody
not listened on your policy, they may just say well,
we're not going to provide any insurance coverage, and then
they start taking statements from folks. Number one, they want
(12:04):
to ask did this driver live in your household. If
they did and you haven't listed them on your policy,
there's no coverage. So you have to make sure if
you're letting somebody drive your vehicle and they live in
your household, that you've told the insurance company on your
insurance application that yes, this person lives in my household.
Speaker 3 (12:19):
And that's important for parents's kids are turning like sixteen,
seventeen years old, you got to put them on there
because if something happens, even if they just borrow the
car without your knowledge and cause an accident, you're in
really bad shape.
Speaker 2 (12:28):
There.
Speaker 6 (12:29):
Anybody fifteen and over, you have to let your insurance
company know their licensed, whether a license or not. They're
in your they're in your household company licensed.
Speaker 3 (12:38):
If they have their own car insurance.
Speaker 6 (12:42):
If they have their own car insurance, you go after
their own car insurance.
Speaker 5 (12:44):
Yeah, well, I'm saying as far as notifying your car company.
So if my daughter has car insurance with another company,
I don't have to do. I have to list her
on my policy because she has her own car and
her own car insurance.
Speaker 6 (12:59):
Is she driving your car?
Speaker 2 (13:00):
No? And does she live with you?
Speaker 3 (13:03):
Yes? I would make sure the company knows she lives
with you. Yeah, because she still has access to your vehicle.
That's what they're saying. Well, here's the other situation.
Speaker 6 (13:10):
Because she lives with you, she can be in your
car when an accident happens, and she could be injured,
and she would then be entitled to get her medical
bills paid. And you'd want to make sure the insurance
company knows that she's got coverage. Your uninsured motors coverage
would cover. So you want to make sure sure the
insurance company knows, or they'll say your uninsured motors coverage
is not going to.
Speaker 5 (13:30):
Cover uninsured motors coverage. That sounds new. Is that something
we should all have?
Speaker 6 (13:34):
Absolutely? Absolutely, we talk about it every week. The second
thing is the insurance companies. They'll ask did she live
with you this particular cast we're talking about with Bob,
they found out she doesn't live with Bob, Well, did
she work for you? If she was an employee and
he did not list her on his insurance application to
be on the policy, then again they're going to have
(13:55):
a reason to deny coverage. And the other question is
how frequently did she drive your vehicle? If she's not
an employee and she doesn't live with you, If she
was a frequent user of your vehicle, then that's another
reason they can deny coverage. So the message the folks
out there is, if you've got somebody that's frequently using
your vehicle, you need to make sure that your insurance
company knows or if there's an accident, they're going to
(14:16):
deny insurance coverage. Then if that person causes an accident
driving your vehicle, you could be on the hook for
all the injuries and damage that that person causes because
your insurance is going to say, we're.
Speaker 2 (14:25):
Not going to cover you. And that's what happened here.
That's what happened here.
Speaker 6 (14:29):
But what happened was, you know, they claimed they took statements,
and the first of all, they claimed, oh, the owner's
not cooperating with us. He won't give us a statement.
So because he's not cooperating, we don't have to provide insurance,
which unfortunately, this policy says, you don't cooperate, you're going
to be on your own.
Speaker 2 (14:45):
You know, I got a hold of them.
Speaker 6 (14:47):
They began cooperating. They explained, no, she's not an employee,
No she didn't live with me, and no she wasn't
a frequent user in my vehicle. And after back and forth,
back and forth and filing a lawsuit, finally said, okay,
we'll provide insurance coverage.
Speaker 2 (15:02):
Oh wow, really?
Speaker 3 (15:03):
Yeah, So it took you filing a lawsuit against the
company to show them that you are absolutely that's what.
Speaker 6 (15:08):
And I weren't even paying for the damage to the
guy's dodge, his own pickup truck theydn't they weren't paying
for anything.
Speaker 4 (15:15):
Wow.
Speaker 3 (15:16):
Really, So this is and again just kind of you know, reiterate.
One of the reasons we do the segment is so
I think one of the most important things that you
can take out of this today is is, you know,
you probably shouldn't just listen to the first thing that's
told to you by even your own insurance company. You
should never just listen. If they say, well you're denied,
you just go, okay, well, I guess I'm screwed. You
should not accept that answer as the final answer. You
(15:37):
should probably seek some guidance and find out if that's
the actual truth.
Speaker 2 (15:40):
Correct that's correct. That's correct.
Speaker 6 (15:42):
And also when you take out insurance, if you're using
an agent or if you're doing it online, make sure
everything's complete and you're not leaving something out. You know,
every now and then I see a case where stuff's
left out and the person says, well, I didn't, I didn't.
I signed all that, but my agent must have all
that in and he used the wonder forgot to put
it in. And I told them about it. Well, if
it's in paper, you signed it, you're stuck.
Speaker 3 (16:03):
Yeah, yeah, it's true. Regardless, you have to go over that.
Make sure you really pay attention to it. Especially say
to Florida man, more than any I mean really.
Speaker 6 (16:10):
Especially now when we see more and more insurance companies
using an excuse to deny insurance coverage to folks.
Speaker 3 (16:15):
Unbelievable. Yeah, great case to any buddy, than very much.
And as people kind of going through these holidays, you know,
people are going to be driving you home, maybe you've
had a little bit to drink, and need stop and
think about this kind of stuff, because anything can happen
at any time. You don't even have to be the
reason this. It just turns out they were this time.
But it could happen to you as well.
Speaker 2 (16:30):
Jack.
Speaker 3 (16:30):
The other a question.
Speaker 5 (16:31):
Texter just wrote in that they are expect he and
his wife are expecting a child soon and does he
have to let his auto insurance know that they're having
a kid. That's not until that kid turns the age
of getting a permit.
Speaker 3 (16:44):
Fifteen fifteen, age fifteen. You got a little time, sir, Yeah,
a tiny bit, all right, but laugh for Gleen. Guys,
it's clothing lock k l A U S M A
in law dot com offices again right there in Wonder
part four oh seven nine one seven seventeen eighteen car
crash called Klosman.
Speaker 2 (17:03):
Look.
Speaker 3 (17:03):
Has done a lot of good work for everybody in
this room, for our families.
Speaker 2 (17:06):
Have taken care of us. He'll take good care of
you as well.
Speaker 3 (17:09):
Always reachable, that's the number one asset, mister Klausman.
Speaker 2 (17:12):
And you're smart too. I don't know.
Speaker 3 (17:14):
Try to be I try to be at least at
least reachable.
Speaker 2 (17:16):
How a good weak you make?
Speaker 3 (17:17):
Yeah? Sorry for seven nine one six four one. Get
a fresh keyword for you next
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