South Florida Attorneys Litigating Insurance Coverage Disputes
Effectively handling a variety of disputes between insurance carriers and policyholders
The 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.
The 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. 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 your insurance agent and that you save any documents you are shown or given. Ask your insurance agent to read, with you, and to explain the entire application for insurance before you sign it. After the policy is issued, have your 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 your claims adjuster. Continue taking detailed notes as you meet with your 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 your 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.