South Florida Insurance Law. Can an insurance company cancel my insurance for making a claim?
No. According to Florida Statue 627.4133(2)(b)4, an insurance company may not cancel a policy, except during the first 90 days of the policy, unless there has been a material misstatement, a nonpayment of premium, a failure to comply with underwriting requirements, or a substantial change in the risk covered by the policy or if the cancellation is for all insureds under such policies for a given class of insureds.
Do I have the right to challenge an insurance company’s denial of my claim?
Yes. Florida insurance policyholders can fight an insurance company’s claim denial. If you believe a valid insurance claim has been denied or if an insurance company is acting unfairly, such as delaying the processing of a claim, not communicating with you, or paying less than what is necessary, please contact us by email or call 305-374-7974.
How long does the insurance company have to pay my claim?
According to Florida Statute 627.70131(5)(a), within 90 days after a company receives notice of a new, reopened or supplement property insurance claim, the company must pay or deny the claim or a portion of the claim unless the failure to pay the claim or a portion of the claim is caused by factors beyond the control of the company. Any payment (portion or entire claim) paid more than 90 days after the company receives notice of the claim, or paid more than 15 days after there are no longer factors beyond the control of the company, whichever is later, will bear interest according to Florida Statute 55.03. Furthermore, according to Florida Statute 626.9541(1)(i)4, it is also considered an unfair trade practice if the insurer fails to pay undisputed amounts of partial or full benefits owed under first-party residential property insurance policies within 90 days after determining the amount and agreeing to coverage, unless payment of the undisputed amount is prevented by an act of God, prevented by the impossibility of performance, or due to actions by the insured or claimant that constitute fraud, lack of cooperation, or intentional misrepresentation regarding the claim for which benefits are owed. If your insurance company is delaying the processing of your claim, please contact us by email or call 305-374-7974.
Can attorney’s fees and costs be assessed against an insurance company for having to fight a valid claim that has been denied?
Yes. According to Florida Statute 627.428, an insurance company must pay the attorney’s fees and costs of an insured who prevails against their own insurance company. The purpose of the law is to encourage insurance companies to pay valid claims and to compensate insureds who must hire an attorney to enforce their rights under insurance contracts. There are difderent statutes regarding surplus lines companies as well as other types of insurance (e.g., health insurance).
Do you take cases on a contingency basis?
Yes. This does not mean that we take any case, or take all cases, on a contingency basis. If after a consultation, we believe that your case has merit and is appropriate for a contingency arrangement, our attorney’s fees and costs will be paid at the close of the case if there is a recovery. To arrange a consultation, please contact us by email or call 305-374-7974.
