Whether it’s a house fire, medical procedure, or a natural disaster like the infamous Collier County flood of 2014, policyholders expect to be covered by their insurance policy. That’s the reason that you faithfully pay your premiums year after year. And yet, too often, families in Naples are denied their rightful claims, placing them into a difficult financial situation.
At Morgan & Morgan, our attorneys understand that when a policyholder submits a claim to their insurance company, they expect the company will act in good faith and honor the validity of the claim. Disputes often arise after an insurance company denies a seemingly valid claim, many times without a legitimate reason or explanation.
Insurance companies generate a greater profit when policyholders do not file claims or fail to collect on those submitted under their policies. Some insurance companies habitually deny claims—regardless of their legitimacy—and will only investigate a claim if the policyholder takes legal action.
At Morgan & Morgan, our insurance dispute attorneys have extensive experience helping clients recover the compensation to which they are entitled.
Why Was My Insurance Claim Denied?
Unfortunately, insurance companies often interpret and manipulate the language in their policies to minimize or deny valid claims. Insurance providers have a significant self-interest to protect their cash reserves and to avoid payouts to policyholders. When an insurance company denies or undervalues a claim, they may allege that:
- There was a material misrepresentation in the policy itself, excluding coverage for this particular claim;
- There was a failure by the insured to pay policy premiums on time which caused coverage to lapse; or
- The injury falls outside of the scope of coverage.
Do I Have a Bad Faith Claim or Unfair Claims Handling Case?
Under Florida law, an insurance company has violated the implied covenant of good faith and fair dealing if it did not act fairly and honestly toward its policyholder in response to a claim.
In many cases, policyholders believe they have a bad faith claim against their insurer if a claim is denied; however, this is a common misconception. It is more likely that, if a claim has been wrongfully denied, a breach of contract or unfair claims denial case should be pursued. In most cases, bad faith claims are handled by our personal injury attorneys, not the attorneys in our insurance dispute department.
Some bad faith claims will fall under the umbrella of our insurance dispute attorneys. It is important to contact our Naples office to determine which type of claim best fits your situation.
Most states, including Florida, have adopted the Unfair Claim Settlement Practices Act and augmented the law to protect the rights of insured policyholders within the state. Unfair claims handling occurs when an insurance company attempts to avoid paying valid claims or reduces the payment to their own policyholders. Examples of unfair claims handling include fraud, misleading or deceiving a policyholder, neglect or refusal to fulfill a contractual obligation, or the conscious wrongdoing by the insurance company.
What Types of Insurance Disputes Does Morgan & Morgan Handle?
At Morgan & Morgan, our attorneys are committed to helping clients settle insurance claims disputes in a wide range of practice areas. The following is a non-exhaustive list of the types of insurance disputes handled by the attorneys in our Florida offices:
- Homeowners and Business Property Losses
- Unfair Claims Handling and Bad Faith
- Disability Insurance
- Employee Retirement Income Security Act (ERISA) Claims
- Professional Liability Coverage
- Errors & Omissions Coverage (E&O)
- Personal Insurance Protection
- Uninsured Motorist Coverage
- Car Insurance Coverage
- Medical Billing
- Health Insurance
- Life Insurance
- Fire Damage
- Hurricane and Windstorm Claims
If you live in Florida and believe that you are being treated unfairly by your insurance company, please do not hesitate to contact an experienced Naples insurance dispute attorney at Morgan & Morgan by filling out our free, no-obligation case review form.