Most people who own a car, home, or business also have insurance to protect their interests in whatever they own. Typically, when a person suffers property damage due to an accident or act of nature, the person will file a claim with his or her insurance company to recover insurance benefits for the loss. While many claims are processed seamlessly, others are unjustly denied by insurance adjusters who fail to assess the claim accurately. If you filed a claim with your insurance company to recover costs to repair or replace your damaged property, and your claim was denied, it is critical to consult a knowledgeable Fort Lauderdale property insurance lawyer who is proficient at handling cases against insurance companies. Attorney Joseph I. Lipsky is skilled at helping individuals recover the benefits that they are owed from an insurance company. Mr. Lipsky assists people in lawsuits seeking insurance benefits throughout South Florida.
If you filed a claim with your insurance company to recover benefits owed under your insurance policy for property damage, but your claim was denied, you have options for seeking recourse. For example, you may be able to file a breach of contract claim against your insurer. Under Florida law, to prove liability for a breach of a contract, you must first show the existence of a valid contract. In cases involving insurance claims, the insurance policy constitutes the contract. You must then establish that your insurer materially breached the contract by denying you benefits owed under the policy. Lastly, you must show that you suffered quantifiable damages because of the breach. If you were denied benefits owed under an insurance policy, you must file a breach of contract claim within five years of the date of the breach. A property insurance attorney in Fort Lauderdale can assist you with seeking compensation following a wrongful denial of a claim.
In addition to seeking damages via a breach of contract claim, you may be able to assert a bad faith claim against your insurance company. Insurance companies in Florida owe an obligation to their insureds to thoroughly and properly investigate any claims and to make payments on valid claims in a timely manner. Thus, under Florida’s bad faith statute, a person can bring a bad faith claim against an insurer if the insurer fails to try to settle the claim promptly and in good faith when the obligation to settle the claim is clear.
A person who wishes to pursue a bad faith claim must first provide the insurance company with written notice of the purported violation of the bad faith statute, after which the insurance company has 60 days to remedy the alleged violation. If the insurance company pays the benefits owed within 60 days, there is no bad faith. If the insurance company does not respond, however, the burden shifts to the insurance company to prove that it is not liable for bad faith. If your insurance company failed to pay you benefits owed after you filed a claim for property damage, a Fort Lauderdale property insurance attorney can advise you on the causes of action that you may be able to assert to recover damages.
People rely on insurance companies to protect their assets in the event of a loss. Thus, when insurance companies fail to comply with the terms of the insurance agreement, it can be frustrating and disheartening. If your insurance company denied your claim to recover benefits due to property damage, it is vital to meet with a knowledgeable South Florida attorney to discuss your claim and understand the damages that you may be able to recover. Joseph I. Lipsky is a zealous advocate who has helped numerous people recover damages from insurance companies after their claims were unjustly denied. Mr. Lipsky regularly assists parties seeking compensation from an insurer in Fort Lauderdale, as well as in other cities in Broward, Orange, Palm Beach, Miami-Dade, and Monroe Counties, which include Orlando, West Palm Beach, Miami, and Key West. We have offices in Plantation, Miami, West Palm Beach, and Delray Beach. You can reach us at 1-888-352-5298 or via our online form to schedule a free and confidential meeting with a property insurance lawyer in Fort Lauderdale regarding your case.