Kissimmee Insurance Lawyer
If you can’t come to a deal with your insurance company or the insurer seems to be purposefully prolonging the claim process, it could be time to contact a lawyer for your insurance claim.
Other circumstances where you might hire a lawyer include complex cases where the cause or party at fault is ambiguous or for significant damages where the expense of hiring a lawyer might be justified to enhance your settlement.
Have you experienced delays or rejections with insurance claims? Do you and your insurance provider disagree on the amount of the claim? Avoid the error of going up against the insurance provider by yourself. Contact the knowledgeable insurance claim attorneys from Florida Home Claim right away to defend your legal rights. Benefit from a free consultation today!
Florida Insurance Claim Law and Regulations
It is no secret that the past two years have been turbulent for Florida’s residential property insurance market. To deal with the skyrocketing legal expenses associated with roof damage claims, some Florida residential property insurance carriers have stopped selling or renewing policies within the state, have terminated current regulations, or have demanded substantial premium increases.
The statute of limitations (SOL), the maximum length of time a person has to submit a claim, was recently reduced from five years to three years in Florida for property claims resulting from windstorm and hurricane damage. This window of opportunity is substantially smaller, so you must submit these insurance claims on time.
The new legislation also enables insurance companies to limit sinkhole damage protection to primary structures and defer payments for property damage until repair work has been done. In sinkhole damage claims, the insured must pay for the expenses before their insurer provides any financial assistance.
Why Was My Insurance Claim Denied?
Here’s what you need to know in case of denied insurance claims. Insurance companies will employ various strategies to try to diminish or deny your rightful claim, including deceiving and manipulating their policyholders with the language of their contracts. That being said, they might make the following claims:
- A significant misstatement in the policy itself
- A coverage lapse as a result of the policyholder’s late payment of premiums
- Your insurance does not cover the injury or property damage
Insurance companies occasionally reject your claims outright or refuse even to state why they did so. In these circumstances, it may be argued that the insurance provider has breached its duty to you, the policyholder, and is operating in “bad faith.” A Florida insurance lawyer, on the other hand, has your best interest in mind when dealing with insurance companies.
Florida’s Insurance Bad Faith Law
According to Florida Statutes § 624.155, failure to settle a claim, even when given a chance to do so honorably, constitutes bad faith on the side of an insurance provider. In Kissimmee FL, this has led to several insurance conflicts.
A breach of faith or an act that is dishonest or deceptive are both examples of bad faith. When used concerning insurance policy, the term “bad faith” typically refers to an insurer’s reluctance to pay a valid claim or its attempt to avoid doing so.
Bad Faith Actions
An insurance company’s unreasonable denial of coverage or reimbursement constitutes a first-party claim. An illustration of this would be if, despite your policy covering it, your roof was damaged by a storm, and you have homeowners insurance, but the insurance company does not want to pay for it.
Insurance policies decline to defend, resolve, indemnify, or look into a claim for an individual other than the policyholder (first party). A third-party claim means the policyholder purchases insurance to defend against claims brought by another person. That being said, the bad faith law is designed to protect policyholders when insurance firms improperly reject or downplay their claims.
When managing insurance claims, insurance firms are obliged to act in good faith, and any bad faith activities they do may result in legal action against them. After an insurance company denies a valid claim or postpones payments, insurance disputes can occur relatively frequently. You should speak with a Florida insurance lawyer skilled in handling these disputes and legal issues if you believe your insurance provider has not handled your claim in good faith.
What Are My Rights as an Insurance Policyholder in Kissimmee?
Florida lawmakers extensively regulate the insurance sector. Legislators are aware that customers need integrity and fairness from their insurance providers. The right to coverage, the right to good faith, the right to cancel, and the right to counsel are among the rights granted to policyholders by Florida law. The right to competitive pricing processes and marketing strategies that let policyholders compare similar plans and get the best deal is guaranteed. Your rights as an insurance policyholder in Kissimmee are the following:
- You are entitled to complete protection.
- You are entitled to insurance advertising and other sales techniques that accurately and fairly describe the advantages and restrictions of a policy.
- You have a right to a financially viable insurance provider.
- The right to get services from a knowledgeable, trustworthy insurance agent or broker is guaranteed to policyholders.
- The right to a comprehensible policy is guaranteed to policyholders.
- Policyholders are entitled to an insurance provider that offers affordable coverage delivery and makes an effort to stop losses.
- The right to a fair and supportive regulation by the department, commission, and office belongs to policyholders.
- No individual policyholder may bring a civil claim against any particular insurer due to this provision.
Will My Insurance Company Pay for a Lawyer?
Suppose a policyholder has a good case against their insurance company. In that case, they may be entitled to attorneys’ fees under Florida Statute 627.428. More specifically, the statute stipulates that policyholders are entitled to appropriate compensation to cover the expense of obtaining the verdict when they successfully sue their insurance carrier in court.
This is a step in becoming “whole.” The insurer must pay your legal fees if you win the lawsuit. Property insurance providers cannot use the excuse that it would be too expensive to pursue a claim in Florida.
How Can a Lawyer Help Me With an Insurance Claim?
Insurance attorneys practice insurance law. When clients have legal concerns with an insurance claim, they offer legal counsel. Lawyers who specialize in insurance law can litigate instances involving bad faith or bargain insurance settlements.
Everyone wants to think that their insurance provider actually has their best interests at heart, but from a business perspective, this is simply not the case. It is advisable to presume that your insurer will underpay you somehow. Although you might be under financial strain and the insurer might be pressuring you to settle, it’s crucial to move cautiously. Never rely only on your insurance provider to provide you with the greatest settlement or liberally interpret your policy’s coverage.
If you have a sizable insurance claim, you should speak with an attorney as soon as you file your claim and get your first cash settlement. You may use an attorney to analyze your settlement offer for impartiality and accuracy unless you are extremely satisfied with it. Your lawyer can also suggest that you renegotiate the settlement or launch a lawsuit as a way forward. At Florida Home Claim P.A., our attorneys will fight in your best interest until the end. Contact our office for a free case evaluation today!
What Is an Insurance Adjuster?
In Florida, insurance adjusters are qualified insurance experts who will assist policyholders after an insured loss. Public adjusters are people who, in exchange for compensation, help insured homes “negotiate for or effect the settlement of a claim or claims for loss or damage covered by an insurance contract,” according to Florida Statute Sec. 626.854. Their assistance may become increasingly important if an insurance claim becomes more complex.
The Florida Department of Financial Services requires public adjusters to hold licenses and abide by a strict code of ethics. Agents do not employ public adjusters for your insurance company; they are independent contractors. They must look into your claim in as many facets as possible and then present the insurance provider with the findings. They typically ask for a fee in exchange, which is typically paid out of your ultimate claim settlement. (They are frequently noted as an additional payee on claim checks.) In Florida, a public adjuster may charge up to 20% of your whole claim.
Florida Before any contract is signed, public adjusters must abide by specific guidelines, and their rates are variable. They must have a photo license and can only solicit during specific hours (8 a.m. to 8 p.m., Monday through Saturday). Additionally, they are prohibited from enticing homeowners to exaggerate their claims or speak to property owners in a fraudulent or misleading way.