It’s Not Like Pulling Teeth
Hiring a lawyer need not be the same as going to the dentist office. Think of a lawyer as a proactive tooth fairy rather than as an impaler. If used properly, a lawyer can solve a problem before it becomes a problem much like anti-cavity rinse. Even better yet, given a chance, a lawyer could put some money under your pillow without you having to forfeit any ivory.
When it comes to Florida insurance claims, you need a lawyer when you first realize that you have a claim. This is the same rule that applies to any other area of the law. For instance, if you are involved in a traffic accident, you normally obtain a lawyer after getting medical attention. No one files their own personal injury claim and then calls a lawyer. Same applies to Florida insurance claims. Don’t start dealing with your insurance company without first consulting with a Florida insurance lawyer. Florida insurance claims and insurance contracts in general can be very complex. You do not want to tarnish your otherwise good insurance claim from the start because you do not know what you are doing. Speaking of not knowing what you are doing, do not convince yourself that you can handle your own insurance claim if you have no previous insurance experience. Just like it would be unwise to operate on yourself, it is equally unwise to act as your own legal counsel.
Assuming for the sake of argument that you made the call and claim on your own and you are now dealing with the insurance claim. You definitely need a lawyer if the insurance company sends you a “Reservation of Rights” letter. This ominous letter is a clear red flag and sign from your insurance company that they intend to deny your claim. At this point it would be wise to have a Florida insurance attorney review your claim early on to see what can be done to maximize your claim and the chances for recovery.
You need an insurance lawyer when your insurance lawyer requests that you sit for an examination under oath (EUO). An examination under oath is a procedure whereby the insurance company’s lawyer asks you questions under oath in front of a Court Reporter. Insurance companies use an examination under oath to probe your case and to often look for or find ways to deny your claim. The insurance company will have a lawyer helping it during the examination under oath and so should you.
You need a Florida insurance lawyer when the insurance company offers to pay you something on your claim but not the full amount you feel you are owed. No matter what amount the insurance company is going to pay you they will require that you sign release documents in exchange for the payment. If you are not careful, you could unintentionally sign away all your rights to make any other demand or supplemental claim for unpaid damages due to the loss. A Florida lawyer is needed to review the release and to ensure that it is limited in nature and that your interests are protected.
Finally, you need a Florida insurance lawyer if the insurance company denies your claim. The insurance company has a financial incentive to deny your claim and therefore not all denials are valid. Do not accept the insurance company’s word that your claim is not covered, seek the advice of an experienced Florida insurance lawyer to review your claim. If the insurance company denies your claim it is not going to change its position just because you send letters or make more calls. The only thing at this point that is going to change the status of your claim is a lawyer that takes your case and files a lawsuit against the insurance company on your behalf. A Florida insurance lawyer can put a smile on your face and the wait is not as long as it is at the dentist’s office.
In Citizens Property Insurance Corporation v. Ifergane, 37 Fla. L. Weekly D2205a (Fla. 3d DCA 2012), one of the issues in dispute for this Florida insurance claim was whether a co-insured could recover policy benefits while the named insured failed to cooperate with the investigation of the claim. 