Tag: Florida insurance lawyer

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Court Must Find Post Loss Compliance Before Appraisal is Ordered

Florida Insurance Claim

Florida Insurance Claim

 

 

 

In United Property and Casualty Ins. Co. v. Concepcion, 2012 WL 634099 (Fla. 3DCA 2012), the Third District Court of Appeal ruled that a trial court must first have an evidentiary hearing to determine if a homeowner complied with post-loss policy conditions before the trial court could order the insurer to participate in the appraisal process to determine the amount of loss for an insurance claim.

The Florida Appraisal Process

In this Florida insurance law case, the homeowner filed a motion to compel appraisal to force the insurance company to use the appraisal process to determine the amount of the loss.  The insurance company opposed the motion to compel appraisal and alleged that the homeowner failed to comply with post-loss policy conditions by not providing documents, a sworn proof of loss or answering certain questions at an examination under oath.  The Third District Court of Appeal found that the insurance company’s allegations raised a disputed issue of fact and that dispute had to be resolved before the trial court could order appraisal.  

Post-Loss Conditions

This represents yet another reason why it is very important for homeowners to comply with all reasonable insurance company requests for information so that all options are available to seek recovery under the insurance policy.  Should there be any question as to whether the insurance company is entitled to certain information or requests, it would be in the best interests of the Florida insured to contact a Florida insurance lawyer for help with their insurance claim.

Related Topics: Florida insurance claims, Florida insurance law, Florida appraisal process, Insurance Policy Post-Loss Conditions, Miami Insurance Lawyer

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When You Need a Lawyer

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.

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Florida Automobile Diminished Value Claims

Florida Automobile Accidents

Florida Lawyer Help for Property Damage Claims

If you own a luxury automobile or an exotic sports car and you were involved in an automobile accident in Florida, you should seek the immediate assistance of a Florida lawyer to help with your damages claim.  Unknown to most people, you have a right to recover not only your repair and property damages but also damages for the diminished value of your  motor vehicle because of the accident.  Diminished value for luxury automobiles or sports cars is the difference in value of the vehicle now that it has an accident on its record compared to a similar vehicle that has no accident record.  It is undisputed that a purchaser or an autodealer will give you less money for your car if it has been involved in any accident.  An automobile accident, no matter how small, will attach a negative stigma to your automobile making it worth less than it was before the accident even when it is fully repaired.  As to luxury automobiles or with exotic sports car, this diminished value can be quite large and should not be ignored.  A person causing an car accident is liable for all damages as a result of that accident including the diminished value of your automobile.  Settling your claim against the other driver and  his or her insurance company without making a claim for diminished value will in most cases act as a waiver of your rights. 

If you should need help with a Florida car accident, property damages, or diminished value claim, please feel free to contact Russell Law and Florida lawyer, Patrick Russell, Esq., who can assist you with your Florida insurance claim needs.  We can be reached at 305.373.3826.  Please be sure to inquire as to our experience, qualifications and our level of service and how it can help you.
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Mississippi Federal Court Slams State Farm for Hurricane Katrina Claim

Federal Court in Mississippi rules that State Farm must pay $2.5 million in punitive damages for denying Hurricane Katrina insurance claim.

Mississippi Federal Court Judge L.T. Senter, Jr., ruled that State Farm must pay the Broussard family of Biloxi, Mississippi that portion of the damages that wind caused to their home.  In short, the Judge found that State Farm failed to disprove the Broussard claim that wind blew the home off of its foundation.  State Farm Insurance initially denied the entire claim alleging that the damages to the home were caused by flooding and not windstorm.  Judge Senter’s ruling allowed the Jury to consider awarding punitive damages against State Farm for denying the entire claim, which resulted in a $2.5 million dollar verdict for bad faith against the insurer.

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