In the state of Florida like many other areas of the United States homeowners can sue their insurance company if a damage claim has been wrongfully denied. Insurers can deny claims for a wide range of reasons. An insurer’s denial of a claim can often violate the terms of an insurance policy and when this happens the homeowner can sue the insurance company for a breach of contract. This breach of contract involves the homeowner seeking damages for the wrongful denial of the claim.
This common form of insurance policy in Florida is called a perils policy and this is where the policy lists the events that are excluded from coverage. Some of the main aspects that could be taken out of the coverage include wear and tear and regular issues with the home. When a homeowner Sues insurance company for breach of contract under one of these policies, the insurance company has to show that the damage was caused by events that were not included in the policy. In order to make sure that your claim is managed, you need to make sure that you can prove to the insurance company and the preceding court that the damage was not caused by another event. Making sure that you can prove your claim is caused by what you say it was can often require an expert. Insurance companies will often hire experts to testify on their behalf to show the damage to the home was caused by wear and tear. Bringing in your own experts to make sure that there is a second side to the story. If your insurance company is hiring experts to support their claims on the trial, rebut arguments with the help of neighbors’ homes that may have been damaged in the process or seeking legal counsel or to refute these claims as they come up in a court of law.
If you are not able to work with the expert witness that the insurance company brings in, you could have your claim wrongfully denied. Florida legislators do not want citizens stuck paying thousands of dollars in expert fees to have a valid claim against insurance companies, having your own witness and your own legal counsel or will make sure that your voice can be heard. If you are experiencing the wrongful denial of a property damage claim, contact us today.
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is an St Petersburg Personal Injury Attorney She focuses on personal injury, car accidents, and bicyclist injury. The information on this site is not intended to and does not offer legal advice, legal recommendations or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.
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