Having insurance can serve a number of uses, depending on the type of policy you are insured under and the reasons for which you require insurance in the first place.
After getting into an accident or suffering property damage at no fault of your own, policyholders are generally eligible to file a claim with their insurance company in order to receive compensation—based on coverage requirements and other stipulations detailed in their individual policy.
In Florida, holding an insurance policy can provide numerous benefits, contingent upon the type of coverage you possess and the reasons necessitating the insurance. After experiencing an accident or enduring property damage without being at fault, Floridians are typically eligible to submit a claim with their insurer to seek compensation. This process hinges on the specifications of coverage and other conditions delineated in each unique policy.
Submitting claims for damages resulting from environmental disasters, property harm, or other insured incidents is a standard procedure in Florida. Such incidents can inflict significant financial burden, compounded by physical or psychological hardship, without the safety net of insurance. However, obtaining compensation from insurance companies can often present challenges.
In Florida, insurance firms—spanning homeowners, auto, health, and property insurances—can underestimate, undercompensate, deny, or mishandle insurance claims. During stressful periods, these are the last complications individuals and business owners wish to confront.
At Florin|Roebig, our Florida-based insurance claims attorneys are devoted to assisting policyholders in resolving disputes with their insurers. Whether it involves hurricane-induced damage, an auto accident claim, a health insurance claim, or property damage, we’re here to help. Consulting an experienced lawyer can offer a clearer understanding of your legal options and ways to maximize your insurance claim settlement.
Types Of Insurance Disputes In Florida
Florida residents can file various types of insurance claims depending on the specifics of their situation and whether they are filing for personal or business reasons. A pervasive trait among all types of insurance companies is the often frustrating experience of dealing with adjusters and other representatives within these firms. Despite many insurers proclaiming their dedication to supporting their policyholders and treating them like family, reality can paint a different picture.
Attorneys with expertise in handling insurance claim disputes in Florida can confirm that no policyholder is safe from the potential aggravation caused by an insurer intent on underpaying or denying a filed claim. Individuals, small-business owners, and even large corporation representatives might encounter difficulties in receiving just and prompt compensation. This can occur in a myriad of scenarios, such as filing a claim following an accident, a storm, a medical procedure, or other expensive circumstances.
Common types of insurance disputes in Florida include:
- auto insurance claims
- business interruption claims
- commercial property insurance claims
- condominium property insurance claims
- disability insurance claims
- government and municipality claims
- health insurance claims
- hotel damage claims
- hurricane insurance claims
- life insurance claims
- long-term care insurance claims
- residential property insurance claims
- restaurant insurance claims
- hoa claims
Reasons For Insurance Claim Denials In Florida
Insurers in Florida might reference a range of reasons for their decision to deny or undervalue claims. For those lawfully pursuing compensation for damages, this can lead to confusion and create a challenging situation to navigate.
Upon receiving an unexpected denial or low payout offer, policyholders may often ask themselves questions such as:
- Am I being unreasonable in my request?
- Did I overestimate how much my insurance claim is worth?
- Is there any reason why I might be considered liable for covering my damages?
There are circumstances where an insurance company might deny a claim filed by a policyholder in Florida. The interpretation of the policy language and types of coverage can lead insurers to deem a claim ineligible or interpret the coverage in a way that minimizes the payout due to the policyholder.
Common reasons insurance companies give when denying or undervaluing a claim in Florida include:
- the insurance company has determined that no covered loss occurred
- their adjusters have determined your losses to be ineligible for coverage, or excluded from your policy
- the damages are determined to fall below the policy deductible
- their adjusters claim the damages are less than what the insured is claiming
How Insurance Claim Mismanagement Can Occur In Florida
Not every issue that Florida policyholders find themselves facing with their insurance company is necessarily a denial or undervalued claim. Mismanagement of claims, or unnecessary complication of the claims process, are also issues sometimes experienced by insured parties.
Insurance companies are meant to provide fair judgments and act in good faith when responding to claims filed by their policyholders. However, as companies that have a financial stake in preserving their cash reserves, sometimes insurance providers may not act in good faith.
Examples of insurance issues that might lead to a dispute in Florida include:
- mishandling information relevant to the claim
- misinterpreting the circumstances (including resulting losses) that prompted the insured to file the claim
- overlooking types of coverage offered in the insurance policy (resulting in a denied or undervalued claim)
- drawing out the claims process unnecessarily
- ineffective communication with the policyholder
- denying a claim without offering a reasonable explanation
- failing to pay medical providers or other specialists after the policyholder has paid their premiums and hit their deductible
If you’re concerned that your insurance claim in Florida has been mishandled, or that your insurer is attempting to reduce the amount of money you’re owed, you may have several options to dispute and resolve the issue.
What To Do If You’re Experiencing Insurance Claim Issues
In some cases, insurance companies will only investigate a claim if the policyholder steps up to take legal action against them for mismanagement. This is not an easy task to take on.
Insurance claims often involve technical and legal concepts that can be difficult for the average person to navigate and dispute on their own. This is advantageous for the insurance company, as they can use the complexity of the claims process to confuse or manipulate policyholders that are attempting to dispute a settlement.
If you’re experiencing an insurance claims issue, one step you can take to resolve the issue is to file a complaint with the Florida agency that oversees insurance companies. This can put your dissatisfaction with the company—and their handling of your claim—on record.
However, this does not guarantee that the issue will be resolved. The Florida agency may take your side, or they may side with your insurance company.
The most effective action you can take to resolve an insurance claims issue is to consult with an insurance claims attorney in Florida who has experience handling insurance disputes. A lawyer can provide you with a general overview of your legal options and explain what you can expect to achieve out of an insurance claims dispute.
Can You Sue An Insurance Company For Claim Denial?
Insurance companies are obligated to pay out fair claims submitted by Florida policyholders. They must follow the terms outlined in the contract or policy, act in good faith of this agreement, and avoid unfair tactics.
Florida laws may apply, but you could potentially sue an insurance company for:
- delaying an investigation into your claim
- conducting an inadequate investigation
- failing to approve a claim within the agreed-upon timeframe
- failing to explain why your claim was denied
- denying or refusing to pay a claim where liability is reasonably demonstrated
If you have any reason to think your claim could be unfairly denied, you may want to contact an insurance lawyer. Document your correspondence with your insurance company and maintain your records to help your lawyer hold the company liable for unfairly denying your claim.
At Florin|Roebig, our team can help you recover fair compensation for a variety of losses associated with your property, from natural disasters to theft and vandalism.
Our Featured Case Results
Practice Areas And Types Of Loss
Florin|Roebig specializes in insurance claim litigation to hold insurance companies responsible when claims are denied or undervalued. Our law firm is experienced with insurance claim litigation and has helped policyholders receive the fair outcome they deserve. From natural disaster claims to homeowner’s claims, our law firm practices all aspects of insurance litigation.
Some of the cities we cover happen to be where most of the insurance claims occur. Below is a list of them:
- Miami: Located in South Florida, Miami is frequently impacted by hurricanes and tropical storms, making it one of the cities with the highest number of residential and business property insurance claims. Miami’s proximity to the Atlantic Ocean exposes it to strong winds, flooding, and storm surges, which cause significant damage to properties, leading to disputes with insurance companies over claims. Florin|Roebig’s Approach: Florin|Roebig would work closely with storm damage experts to document the extent of the damage and ensure that the insurance company fulfills its obligations under the policy. The firm would gather evidence, negotiate aggressively, and, if necessary, file lawsuits to secure fair compensation for property repairs, business interruption, and other losses.
- Tampa: Located along Florida’s Gulf Coast, experiences frequent tropical storms and hurricanes, resulting in widespread wind and flood damage to residential and commercial properties. Tampa’s waterfront areas are particularly vulnerable to storm surges, making insurance claims for flood and wind damage quite common. Florin|Roebig’s Approach: Florin|Roebig would thoroughly analyze the insurance policy, particularly focusing on wind vs. water damage clauses, to prevent the insurance company from unfairly denying coverage. The firm would ensure that policyholders receive full compensation for their damaged properties by engaging expert witnesses and working through complex insurance claim processes.
- Orlando: Though inland, Orlando still experiences the effects of hurricanes, including heavy winds, flooding, and power outages, resulting in property damage to both homes and businesses. Additionally, due to its large tourism industry, commercial property claims for business interruptions can be substantial. Florin|Roebig’s Approach: Florin|Roebig would focus on maximizing compensation by proving the full extent of business losses, including lost revenue from downtime and property repairs. Their attorneys would gather necessary documentation, work with financial experts, and file claims for business interruptions as well as physical property damage.
- Jacksonville: As one of Florida’s northernmost cities, Jacksonville is often in the path of hurricanes and tropical storms coming from the Atlantic. The city’s low-lying areas are particularly prone to flooding, causing substantial damage to both residential homes and businesses. Insurance claims for water damage are common. Florin|Roebig’s Approach: Florin|Roebig would fight insurance companies that attempt to downplay or deny claims for water-related damage. The firm would work with flood damage assessors to provide a detailed analysis of the property loss, ensuring that the claim includes all necessary repairs and related costs. They would also handle disputes regarding flood vs. wind damage coverage.
- Fort Lauderdale: Located along the southeastern coast of Florida, faces significant hurricane risks. Its beaches and waterfront properties are particularly susceptible to storm surge, wind damage, and flooding, which often results in extensive damage to homes and businesses. Florin|Roebig’s Approach: Florin|Roebig would work diligently to dispute lowball offers from insurance companies. The firm would ensure that all damage, including hidden issues such as mold and structural compromise from flooding, is accounted for. They would use expert testimony to support the full value of the claim and negotiate or litigate aggressively to ensure maximum compensation.
Natural Disaster Damage Claims
Natural disasters may be covered under different property insurance policies. However, filing a property insurance claim after one of these potentially catastrophic events can be difficult. Insurance companies may dispute policy limits, the cost of repairs, and the overall physical damage.
Hurricane Damage
During a Florida hurricane, high winds are responsible for fallen trees and flying debris, which can pose serious risks to property owners. Rain and floods from hurricanes can also do significant damage. In 2018, more than nine million homes were at risk for hurricane damage.
Depending on where you live in Florida, your homeowner’s insurance policy may cover damage caused by a hurricane. However, if you live in a hurricane-prone area or were hit by Hurricane Ian, then you may have purchased an additional policy to further cover the risk.
Insurance coverage for hurricane damage may depend on:
- your homeowner’s insurance policy
- where you live
- the extent of damage to your property
- how the hurricane caused damage to your property
How much an insurance company pays after filing a hurricane damage claim depends on the limits and deductibles listed in your insurance policy. Your claim settlement will also depend on the exact wording of your policy.
Tornado Damage
Tornadoes are violent and can cause long swaths of destruction. On average, about 1,200 tornadoes occur in the U.S. each year. Tornadoes can form into a condensation funnel that’s composed of water droplets, debris, and dust. A tornado is the most violent of all storms, and the extent of damage to your property can be severe.
Your property may be damaged by a tornado from flooding, fallen trees, high winds, or debris. How your property is damaged will determine how your insurance company deals with the claim.
An insurance claim for tornado damage may fall under standard homeowner insurance policies. However, some policies may exclude wind damage and other specific details may apply. For example, limits, which detail the maximum amount your insurance company can pay toward your loss, could put a cap on what’s covered to repair the damages.
Wildfire Damage
Wildfires are natural disasters that occur with alarming frequency. In the United States, wildfires have increased by 400 percent since 1970. Usually, Florida isn’t know for wildfires but the sunshine state has experienced some in the past.
Damage caused by wildfires may be covered under your homeowner’s insurance policy. Dwelling coverage may help with repairs to your home, while personal property coverage could replace any belongings you lost during the fire.
However, limits and deductibles could restrict you from receiving what it costs to repair or rebuild your home and replace everything you lost. With the amount of claims insurance companies are seeing as the result of increasing wildfires, make sure your payout is fair and in line with your policy.
Storm Damage Claims
If your property is damaged in any kind of storm, then your insurance may help cover certain losses. Many standard homeowner’s insurance policies cover general storm damage caused by lightning strikes, fallen trees, snow and ice, wind, and hail.
The specific kinds of storm damage that are covered will depend on the insurance policy. After a storm, it’s crucial to document all the damage that occurred. Take photos or videos and gather records of any work you completed on the property before the storm.
Hail Damage
Hail damage can occur in any part of Florida but mainly we only see it in the northern part. These small pellets of ice are common in midwestern states and can be almost two inches in size.
In 2017, the NOAA recorded over 6,000 hail storms in the U.S. Out of all the states that experience hail damage, hail loss claims are filed the least in Florida. There were not many claims made in Florida but if you have received damage give us a call and we can help.
Researchers estimate that, in 2017, over 10 million properties in the U.S. were affected by one or more storms where hail caused damage. Hail damage may not always be visible, but may include cracked or damaged shingles, bent roof vents, and other structural damage.
Wind Damage
High winds can occur during severe storms like hurricanes or tornadoes, but can also be damaging in their own right. To classify as damaging wind, also called “straight-line” winds, the wind must exceed 50-60 mph.
The most damaging winds occur during thunderstorms. Those most at risk of wind damage include people living in thunderstorm-prone regions, especially those living in mobile homes.
If your Florida property is damaged from high winds, then document all the damage and do not make any repairs until you contact your insurance company.
Flood Damage
Flooding can cause extensive damage, so it’s important to purchase an appropriate insurance policy if your home or building is in a flood zone. Structures can flood because of heavy rain, melting snow, drainage problems, and storms.
Flood damage requires special insurance. Because some areas are more prone to flooding than others, some homeowners and businesses must purchase special coverage through the National Flood Insurance Program (NFIP).
Flood insurance with the NFIP may have been offered alongside your home insurance policy. However, NFIP coverage is separate. It may be in place to help pay for repairs to your home, as well as replace personal belongings that were damaged by the flood.
Homeowner/Commercial Property Loss Claims
Although natural disasters and storms may involve filing a claim with your commercial or homeowner’s insurance, other losses are also specifically covered under a standard policy. Like any loss claim, it’s important to document everything you can before filing with your insurance.
Inverse Condemnation
An inverse condemnation refers to the government taking hold of private property for public use, but damaging it in some way.
For example, a local government agency widens a street to create sidewalks and bike lanes, but it takes over a local business’s parking lot. Although the government will compensate the business for taking over the lot, the business owner could sue if they claim they’re losing customers and money because there are no longer convenient parking spots.
Water Damage
A common cause for filing a homeowner’s insurance claim, water damage affects 1 in 50 homeowners every year. Water can accidentally discharge from pipes, overflow from the toilet or sewer, or damage property after a severe storm.
Whether the water damage is covered under your insurance depends on the insurance policy you have, the source of the damage, and if the water damage was sudden or gradual. Gradual water damage, which happens over time, is not included in most home insurance policies.
Water damage claims are often denied. To avoid a claim denial, make sure you understand the coverage, limits, and deductibles of your policy.
Sinkhole Damage
Sinkhole damage in Florida can devastate your home or property. A sinkhole refers to a depression in the ground that has no natural surface drainage, which means that water stays inside the hole until it drains underground. Once the underground space becomes too large, then the land surface above it can collapse.
Sinkholes are dramatic, but insurance companies require the sinkhole to meet certain requirements before paying out a claim. If your sinkhole doesn’t meet the requirements, or if you don’t have additional sinkhole coverage, then your insurance claim may be denied.
Fire And Smoke Damage
Firefighters respond to a fire every 48 seconds in the state of Florida. Fires can start because of cooking equipment, electrical problems, heating equipment, accidents, and more.
You can file an insurance claim if your home or belongings are damaged in a fire. Homeowners’ policies are likely to cover both fire and smoke damage. Smoke damage insurance claims can be more complex than fire claims because of how the smoke travels and sticks to things in your home.
Like many loss claims, it’s crucial to document everything that was damaged during the fire. These claims are complex and your insurance is likely to demand lots of paperwork.
Mold Damage
Mold is quite common in homes, buildings, and other structures. It grows in places where moisture is present. The majority of mold damage in a house or structure occurs over time. Florida with its high humidity is very well-versed in mold damage.
Although homeowner’s insurance tends to cover mold damage, the damage is only likely covered if it meets specified requirements. This means that, to file a mold damage insurance claim, mold damage must have been the result of another “peril” that’s covered under the policy.
Many of these covered perils include sudden or accidental incidents, like bursts pipes or water that suddenly overflows from sewers or other drainage areas.
Art Loss
Some homeowner policies protect artworks that are stolen or damaged. Although lost or stolen art may be covered, it can be difficult for insurers to measure the value of a claim. There could be disagreements over the value of a piece of art, and some art owners could feel they have no say in evaluating the claim.
It can be a good idea to have works of art appraised to ensure you receive proper compensation should a loss occur. Without a professional appraisal to value the piece of art, you could have a hard time proving the work’s true market value.
Theft And Vandalism
Some property insurance policies may cover theft and vandalism claims. However, the language in your policy matters. Some policies may cover the “willful destruction of property,” while others may detail they will not pay for any damage that resulted from theft.
If your policy does cover theft, you’ll need to show that you owned the property in question. A detailed inventory, as well as a receipt of purchase, can help settle a theft claim. While vandalism is covered under most homeowner and commercial insurance policies, some exceptions may apply, including whether or for how long the property was vacant.
Insurance Agent Negligence in Florida
Insurance plays a crucial role in our lives and economies, and state and federal laws hold insurance agents to a certain standard of care. If your Florida insurance agent fails to meet their duty of care to you and your claim is later denied, then you can file a claim against the agent for negligence.
Insurance agents must use reasonable diligence, judgment, and care to sell and manage appropriate insurance policies to consumers.
Although Florida laws vary about the specific duties of insurance agents, your agent may be liable for negligence if they:
- fail to sign you up for the coverage you wanted or needed
- misrepresent what your policy does and doesn’t cover
- fail to accurately complete your insurance application
- fail to pass along your claim to the relevant party after you file it
- fail to notify you that your policy is about to be canceled
- fail to notify you that the insurance company is having financial issues
If an insurance agent acted negligently, you may not be adequately covered. This can have significant consequences because you may be paying for an insurance policy that doesn’t cover what you think it does, which could lead to a denied claim.
Benefits Of Hiring An Insurance Claims Lawyer in Florida To Represent You
Insurance companies can be difficult to negotiate with in the process of reaching a payout that is agreeable to both parties.
If you’re experiencing an insurance claims dispute with your insurer, hiring a lawyer who has experience handling these types of cases is the most painless way to resolve the dispute and get the money you’re owed.
At Florin|Roebig, our insurance claims lawyers have extensive experience negotiating with insurance companies to secure you the best possible payout based on the circumstances surrounding your case.
What our top-rated insurance claims lawyers can do for you:
- provide an overview of your legal options
- investigate how your claim was handled by the insurer
- consult with legal and insurance experts
- determine how much your case is worth
- handle communications with the insurer on your behalf
- fight for the best possible settlement
- effectively communicate with you throughout every step of the legal process
How Long Do I Have To Sue My Insurance For A Claims Dispute?
All individuals who wish to pursue legal action against an insurance company for a claims dispute must abide by their state’s statute of limitations. The statute of limitations for insurance claims cases is how long individuals file a claim or lawsuit against their insurance company.
Statutes of limitations (SoLs) vary by state and are specific to different areas of law. As recently as 2019, the statute of limitations for the states of Florida, Alabama, and Georgia—for instance—was extended to five years for bad faith insurance claims as a result of a federal court decision made through the Eleventh Circuit Court of Appeals.
Factors that can affect how long you have to take legal action against your insurance company include:
- type of insurance dispute
- state of residence
- whether your dispute qualifies as an exception to your state’s statute of limitations
- state case laws
Statutes of limitations for insurance disputes are not established on a federal level. Check your state’s local laws, or speak to a lawyer who is knowledgeable about insurance disputes, to learn more about how much time you have to take legal action against your insurance company.
Florin|Roebig: Insurance Claim Attorneys Serving Florida
Voted one of America’s top law firms, Florin|Roebig is a reliable choice for aggressive and resourceful legal representation—especially when it comes to disputes with insurance companies.
Our insurance claims lawyers have a strong record of securing compensation for insured parties across the U.S. out of our offices in Florida, Texas, Colorado, and Minnesota.
We’ve secured over $1 billion for our clients nationwide and offer new clients an initial case evaluation free of charge to discuss their cases in greater detail.
We Are Nationally Awarded Lawyers
Get Started On Disputing Your Insurance Claim Today
If you’re having trouble getting the payout you’re owed from your insurance company, or believe your insurance has wrongfully denied your claim, the seasoned insurance claims lawyers of Florin|Roebig can help.
Our lawyers can help you resolve your claim with as little stress as possible, but time is of the essence. Don’t wait to begin the process of disputing your insurance claim.
Contact our offices today to schedule a free case evaluation with one of our experienced lawyers to determine your eligibility for taking legal action against your insurer.