Dedicated to advocating personal and property interests throughout the state of Florida
Our staff is always ready to help you.
Call today for a free consultation.
When insurance companies are selling their policies to consumers, their salespeople often focus on the supposedly full protection that a policy will offer for a person’s home, automobile, or other property. People all over Florida make their monthly payments under the belief that they’ll be protected should a catastrophe strike, but hoping such situations never truly arise.
Following an accident, disaster, or some unfortunate event, countless consumers are stunned to learn how difficult it can be to successfully file an insurance claim. Key exclusions or conditions in policies are cited as reasons for claims being denied, often leaving Floridians feeling powerless and misled about their investments.
Did your insurance company deny your claim because of certain conditions, exclusions, or limitations that supposedly exist in your policy? Or is the insurance company taking an unreasonably long time to make payments you and your family desperately need right now?
Tampa personal injury attorney Michael B. Germain has more than a decade of experience representing individuals and businesses against their insurance companies. He has been repeatedly recognized as a Florida SuperLawyer in the field of insurance coverage litigation.
Germain Law Group represents clients all over Hillsborough County, Pinellas County, Brevard County, Pasco County, and Manatee County. You can receive a complete evaluation of your case during a free, no obligation consultation as soon as you call (813) 835-8888 today.
The conditions of an insurance policy are the part that states the obligations of both the person being insured as well as the obligations of the insurance company. This is an important section insurance companies will frequently list specific steps that a policyholder must take in order to recover his or her claim.
Failure to abide by any one of these conditions may lead to a claim being denied based on “strict compliance,” in which the insurance company has the power to deny a claim for a policyholder’s failure to honor any one requirement. To many people, these are rejections based on technicalities.
Consumers who have had their claims denied may be able to argue their claims should be honored based on “substantial compliance.” This means that policyholders who make good-faith efforts to comply with the conditions of their policies deserve to recover on their claims.
Florida courts have recognized substantial compliance arguments, but insurance companies frequently expect strict compliance with certain conditions. One of these is examination requests.
Two of the more commonly contentious such requests include the following:
Most insurance policies specifically state what aspects an insurance company will not cover. These are referred to as exclusions, and all consumers should be sure to review their own auto, home, and other insurance policies to make sure they know what exclusions apply.
Some of the most common exclusions that insurance companies use in denying claims include:
It is not uncommon for insurance companies to attempt to cancel or nonrenew a consumer’s policy after he or she has filed a claim. This is especially common following catastrophic events such as sinkholes, hurricanes, or floods.
Some of the cancellation and nonrenewal limitations imposed under Florida law include:
Florida Office of Insurance Regulation (FLOIR) — This office is part of the Florida Department of Financial Services. FLOIR is responsible for regulating insurance providers in the Sunshine State. This website is replete with industry data, including reports, eligible reinsurers, and financial data on companies removing citizens’ policies. FLOIR covers various types of insurance, including automobile, homeowners’, life, and flood insurance.
Homeowners’ Insurance | A Toolkit for Consumers — This Florida Department of Financial Services publication covers insuring your home, what your policy covers if a disaster strikes, and the property inventory and claim process. There is also a legal and financial document checklist. The document notes some important considerations when it comes to personal liability, how much insurance a person should buy, and policy terminations.
If you have had your property damage claim denied based on language that your insurance company says was in your policy’s conditions or exclusions, do not assume that you are without options. Germain Law Group assists Florida residents with property insurance claims in Hillsborough County, St. Lucie County, Charlotte County, Indian River County, Sarasota County, and many other nearby areas.
Michael B. Germain is a Tampa insurance law attorney who fights to get his clients the recovery they deserve, and he is not afraid to take insurance companies to trial when a fair settlement cannot be reached. Call (813) 835-8888 right now to have him review your case during a free initial consultation.