Insurance Coverage Disputes
South Florida Attorneys Litigating Insurance Coverage Disputes
Effectively Handling A Variety Of Disputes Between Insurance Carriers And Policyholders
Our attorneys at the Law Offices of Felipe E. Diez, P.A., have experience helping policyholders navigate through the complexities of their insurance claim. We are aware that the detailed language in an insurance policy may become a point of disagreement between a carrier and its policyholder. In other cases, what seems like a straightforward claim for coverage turns out to be a time-consuming dispute for no legitimate reason.
Our attorneys at the Law Offices of Felipe E. Diez, P.A., are prepared to take insurance coverage disputes to trial, but believe that most disputes have the potential for less expensive resolution. As a result, we will always try to settle the claim in the most cost-effective way possible. To that end, we may consider engaging in alternative dispute resolution, such as mediation and arbitration, to limit or avoid potentially expensive and protracted litigation.
What Are Some Examples Of Insurance Coverage Disputes?
Insurance coverage disputes can arise in many different contexts. A fairly common type of insurance dispute involves the insurer’s decision to retroactively void the insurance contract after the policyholder makes a claim (commonly called a denial for “material misrepresentation”). In these cases, the insurer usually takes the position that the policyholder “misled” the insurer by either misrepresenting information provided in, or by failing to provide information requested by, the application for insurance. Other disputes may arise from:
- Denial of claim for failure to comply with “conditions” of the policy
- Denial of claim under “exclusions” to coverage contained in the policy
- Denial of claim on the basis of misrepresentation and/or fraud
- Denial of claim on the basis that the policy lapsed
- Denial of claim on the basis of either missed or late insurance premium payments
How Do I Handle A Dispute With My Insurance Company?
When you are buying insurance, make sure that you take good notes during the meeting you have with the insurance agent and that you save any documents you are shown or given. Ask the insurance agent to read, with you, and to explain the entire application for insurance before you sign it. After the policy is issued, have the agent explain the terms of your policy so that you thoroughly understand your coverage, as well as any exclusions and limitations provisions. Disputes often arise because policy holders claim that carriers interpret the coverage outlined in the policy too narrowly and the exclusions too broadly as a way to avoid paying claims.
When it comes time to file your claim, those notes you took will come in handy when you speak with the claims adjuster. Continue taking detailed notes as you meet with the adjuster, because many times adjusters can “reassign” or “exchange” claims among them. In the event that you file a claim, if you and your insurance company disagree about the benefits you are entitled to, or if the insurance adjuster’s estimate seems unreasonable to you, you do not have to represent yourself against the insurance company or accept an unfair settlement offer. An initial consultation with the Law Offices of Felipe E. Diez, P.A., is free, and by speaking to one of our attorneys, we will help you explore your options and determine whether you have a valid claim.
Common questions that potential clients have when a claim is denied by their insurance company:
How long do I have to file a lawsuit against my insurance company if it does not pay my claim(s)?
You generally have 5 years from the date that your insurer breached its contractual obligations to file a lawsuit. This assumes that you have or had a written contract with the insurer.
Can I file a lawsuit against my insurance company if I signed the insurance application without realizing that it contained a mistake?
Yes, you can. Depending on a number of different factors, it is possible to place responsibility for the mistake on the agent of the insurance company thereby forcing the insurance company to pay for the claim(s).
How do I know if the agent who sold me the insurance policy is an agent of the insurance company?
Depending on the type of insurance policy (automobile homeowners, commercial general liability, life, health, etc.), we can find certain publicly available information online. If not, we can request information from the agency or the insurance carrier either before or after the filing of a lawsuit.
What if I don’t have the money to pay a lawyer to file a lawsuit against my insurance company after it has denied coverage for my claim(s)?
If your insurer has denied coverage for your loss (for example, material misrepresentation, fraud, policy exclusion, policy cancellation, etc.), we may be able to represent you on a contingency fee basis. This means that we will cover all of the time and expense associated with the lawsuit and will only be paid by the insurer if we win the case by either settlement or trial. You will not have to pay out of your own pocket for the representation.
What if my insurance company denies coverage for a car accident and I am sued by the driver or the owner of the other car?
Like in the example above, we may be able to represent you on a contingency fee basis. This means that we will cover all of the time and expense associated with the lawsuit and will only be paid by the insurer if we win the case by either settlement or trial.
Contact An Attorney At The Law Offices of Felipe E. Diez, P.A., Today
For your free initial consultation, call us at 305-521-3640 or contact us online.