Insurance Coverage Disputes

The Law Offices of Barbra Stern represents insured individuals or business owners whose insurance claims have been wrongfully denied, despite having a valid insurance policy and going through the appropriate steps reporting and proving the loss to their insurer. There are many different kinds of wrongful insurance claim denials. Insurance companies are all about their bottom line, and often insurers may try to deny claims by saying that the claim was filed under a previously cancelled policy. In such circumstances, the insurance company is responsible for proving that the law stipulating notice of cancellation has been complied with properly. In other instances, insurance adjusters delay the process unreasonably and drag things out in order to corner the insured into a time crunch, as the insured may not be aware of a fast-approaching deadline. If you or your organization believes your insurance claim has been wrongfully denied, we urge you to contact The Law Offices of Barbra Stern today!

Common Insurance Coverage Disputes

Failing to settle claims in good faith is one of the most commonly litigated insurance coverage issues we see here at the Law Offices of Barbra Stern. This situation arises when the insurance company had the opportunity to settle the claim against the insured, yet failed to do so. The insurance company fails its duty to protect the insured from a judgement that may go over the insurance policy limits by not settling. If the failure is done in bad faith, the insurance company can be sued by the insured for bad faith and breach of contract.

In successful cases, the insured may be compensated for up to 150% of the value of the denied claim, plus attorney’s fees within reasonable limits. While certain Florida state laws govern the majority of insurance issues, insurance coverage disputes are conducted in either state or federal court.

• Denying the claim without a thorough investigation
• Requesting EUOs without appropriate justification
• Hiring “experts” who only support claim denial rather than gathering information fairly
• Delaying, denying, or discounting payments
• Trying to wear the insured party down by endlessly seeking more documents and information
• Harassment
• Asking for information the policy doesn’t require
• Misrepresenting the claim’s true value to low-ball the insured and pressuring them to take a fraction of the true value
• Conducting an investigation in an intimidating or biased way
• Lying about exclusions and coverages in the policy to avoid paying a valid claim