Insurance Litigation

Our insurance trial attorneys regularly represent clients throughout Florida who are involved in insurance disputes. After the 2005 hurricane season, delay of insurance payments left entire families homeless throughout Florida and the insurers have reduced payouts on all of their claims to try to recoup their losses. When your home, vessel or business is damaged in any type of loss, you want to secure the resources for repairs and get your life back to normal as soon as possible.

hurricane01If your home or business suffered damage from a hurricane or other catastrophe, and you are having difficulties collecting benefits from your insurance carrier, you have recourse. Disputes over coverage can arise under a variety of circumstances. Some policies contain “act of God” provisions or hurricane exclusions. Some policies do not contain a flood provision, and the insurance company claims that the damage was caused by water. Damage involving combinations of factors, such as a hurricane, fire, and flooding can trigger certain terms and conditions in a policy while rendering others useless. Sometimes the insurance company will pay benefits, but in a drastically insufficient amount to cover the repairs to your home, vessel or business. Disputes over damage assessments, cost of repairs, and property appraisals can also lead to denial or delay of benefits.

We provide advice, guidance, and skilled representation on the entire breadth of insurance litigation matters. Our insurance litigation lawyers have successfully represented clients in insurance litigation involving all types of insurance policies and coverage, including:

• Homeowners Claims
• Commercial Property Claims
• Yacht and Vessel Insurance
• Hurricane Claims
• Delayed and Denied Claims
• Coverage Disputes
• Appraisals & Mediations
• Boat loss & Damage Claims
• Insurance Fraud
• Sinkhole Claims
• Business Liability
• Insurnace Cancellation
• Property & Casualty

Any insurance policy can generate a dispute. When you faithfully pay your premiums and you need to claim benefits, you are entitled to receive the benefits for which you contracted and paid premiums. Insurance companies have sophisticated systems in place to screen claims and to deny and delay payment of benefits, especially large claims. We know how these processes work and we know when the insurance company is stalling or breaking the law by denying or delaying payment.

Insurance Claim Form
Insurance Claim Form

We know that numerous terms and conditions within your insurance policy are subjective and intentionally left wide open to interpretation. Unfortunately, many people simply accept the insurance company’s interpretation and explanation of certain terms and conditions, which prevent payment of benefits. We explore every term and condition in your policy, and there are not many terms or conditions we have not encountered, in order to see that you receive the fair treatment and benefits you deserve.
In addition to providing vigorous litigation representation, we provide comprehensive pre-litigation services, including policy review and investigations. Sometimes by simply informing the insurance adjuster or insurance defense attorneys of our knowledge of applicable terms and conditions or about the potential illegality of certain terms and conditions, we can prevent litigation and compel a favorable settlement. Our insurance litigation attorneys are exceptional in these negotiations because the insurance adjusters and insurance defense attorneys know we are always willing to pursue the litigation option.

What is “Bad Faith”?

An insurance company has an obligation to act in the best interest of its insured. Insurance Bad Faith occurs when an insurance company fails to act fairly and honestly with its insureds and/or acts in a deceptive and unfair way. All insurance companies must honor the insurance contract it drafted and must act reasonably toward the policyholder.

Click on the video below so that David Avellar Neblett can give a qucik explanation of Bad Faith.

Insurance Bad Faith can occur in a wide variety of situations and can arise from health insurance claims, auto insurance, uninsured/underinsured (UM) insurance, homeowners insurance, life insurance, disability insurance, and medical malpractice insurance claims.

Insurance Bad Faith conducts includes the following types of conduct:

Failure to properly and reasonably investigate a claim
• Unreasonable withholding of benefits
• Unreasonable delay in payment of claims
• Denial of insurance coverage or payment on claims
• Underpaying a claim or undervaluing claims
• Unfair refusal to settle and/or reimburse claims
• Abusive or unreasonable claims conduct
• Wrongful cancellation of insurance policies

What is First Party Insurance Claims?

Any person, including an insured, may bring a civil action against an insurer when that person suffers damage as a result of an insurance company’s conduct. First party claims can arise under various insurance policies including, life, health, disability, auto as well as medical malpractice liability insurance policies.

What is Third Party Insurance Bad Faith Claims?

A non-insured third party may bring a claim for bad faith against an insurance company. Third party bad faith claims can arise from serious injury or death cases where the at-fault party’s insurance company fails to protect its insured (the at-fault party).