Frequently Asked Questions

Insurance coverage is important because, without coverage, your business could be left exposed to a large judgment, incur substantial fees to defend a lawsuit, or unknowingly forfeit coverage rights that are rightfully yours. If you’re sued and the insurance company denies coverage for the claim, the expenses and liability could potentially bankrupt your business. The need is even more obvious when your insurance company decides to sue you in a declaratory action. Don’t accept the often-incorrect coverage determination by the insurance companies; let us evaluate whether your case is covered and guide you on how to proceed. We will consult with you at no initial charge.

The need for insurance coverage counsel often arises when you incur a direct loss like property damage (first-party coverage), or someone sues or makes a claim against you or your company (third-party coverage).  The most obvious need for a coverage attorney comes when the insurance company denies coverage for a claim outright or reserve their rights to deny coverage at a later time.  In these situations, you need a coverage attorney.

If you are sued directly by your insurance company in a declaratory action (often in federal court), you need to hire a coverage attorney immediately.  They want the court to declare that their coverage denial is correct and, without a coverage attorney, that won’t be hard. In addition to situations where you are being sued by your insurance company, the following are common situations where you should also hire a coverage attorney:

• Denial of Insurance Coverage
• Reservation of Rights Letter
• Underpayment of Claims
• Delays in Payment of Claims
• Bad Faith by the Insurance Company

Last, hiring an attorney with vast coverage experience is prudent if you are making a claim against another company.  Notably, the company you’re suing likely has insurance—but the company’s insurance company won’t pay unless there is coverage.  A coverage attorney helps you frame your case against the other company in the light most favorable to making sure your claim is covered.

Our experience handling insurance coverage litigation for insurance companies for years, combined with our extremely reasonable fees, and knowledge of getting the insurance company to settle and pay claims, makes hiring the Davis Law Firm the clear choice in insurance coverage matters. Also, since policyholders are entitled to reimbursement of their attorney’s fees if they win an insurance coverage lawsuit, it is in your financial interest to hire the best coverage attorney that you can find. Don’t just hire an attorney who dabbles in insurance coverage; hire one that handles these issues every single day.

Often times, litigation is necessary to determine whether there is coverage for a certain claim under the policy. Your insurance company gets the courts involved because an insurance policy is a contract, and it’s up to the court to determine whether the insurance company is required to honor the contract or not.

When your insurance company initiates the suit, it sometimes means that they are “unsure” of their coverage position and they want the court to make a decision. We know the tactics that will help you win the case against your insurance company. We may even cause the insurance company to re-evaluate its position or settle your case. Simply because they initiated a lawsuit does not mean that you don’t have a chance to win. In fact, the opposite may be true.

Litigation over insurance issues can be initiated by the insurance company or the policyholder. The insurer usually sues when it does not want to pay a claim under a third-party insurance policy, such as a liability insurance policy. In those situations, your business is often also being sued in a liability lawsuit (such as an injury on your premises), and the insurance company does not want to pay the injured party’s claim. So, the insurance company will sue you for a declaration of coverage. In other words, not only are you being sued by an injured party, you’re also being sued by the insurance company in a different lawsuit!

When the insurance company sues you, we know the best way to defend your case and to get the insurance company to uphold its obligations under the policy.

We have litigated numerous insurance cases in state and federal courts throughout Florida and Georgia.  We often litigate over issues regarding denial of insurance coverage, underpayment of claims, delays in payment of claims, and bad faith by the insurance companies.  When it comes to litigating insurance issues in Florida and Georgia, we have handled claims that involve:

• Commercial General Liability (CGL) Insurance Claims
• Professional Liability Insurance Claims
• Malpractice Insurance Claims
• Errors and Omissions (E&O) Insurance Claims
• Directors and Officers (D&O) Insurance Claims
• Construction Defect Claims
• Homeowner’s Insurance Claims
• Condominium Insurance Claims
• Property Damage Claims
• Personal Injury Claims
• Theft Insurance Claims
• Business Interruption Claims
• Life Insurance Claims
• Disability Insurance Claims
• Auto Insurance Claims
• Health Insurance Claims
• Employer Liability Claims
• Rescission of Insurance Policy
• Bad Faith Claims

We litigate and advise on issues involving a number of different types of policies, including: commercial general liability insurance (CGL), business liability insurance, general contractor insurance, subcontractor insurance, homeowner’s insurance, hurricane insurance, windstorm insurance, commercial property insurance, builders' risk insurance, automobile insurance, boating insurance, motorcycle insurance, theft insurance, professional liability insurance, directors and officers (D&O) insurance, errors and omissions (E&O) insurance, life insurance, health insurance, disability insurance, umbrella insurance, excess insurance, and first and third party bad faith claims. Call us today to see if we can help you recover the money from the insurance company that you deserve.

Disputes between business owners, whether they be LLC members, shareholders or partners are a common occurrence. They can involve accusations of breach of fiduciary duty, self-dealing rather than acting in the best interests of the company or issues related to the rights of minority owners. Our firm represents parties involved in all such disputes including conflict over poorly-drafted buyout agreements, executive/management compensation, appraisal rights and rights to dividends paid by the company.

Our firm represents clients involved in a wide range of commercial and business disputes including issues related to business torts, real estate transactions, shareholder disputes, employment law and generally, breach of contract cases. A breach occurs when one party fails to fulfill the duties under the terms of a legally binding agreement. This can happen for example when one party does not perform as promised, does something that makes it impossible for the other party to perform, or makes it clear that it does not intend to perform it’s required duties.

Depending on the circumstances of your case, the following remedies may be available to you if you prevail in your action:

1. Compensatory Damages - Money damages to reimburse you for financial losses incurred as a direct result of the breach or tort.
   
   
2. Consequential and Incidental Damages - Money damages to reimburse you for financial losses you incurred as foreseeable, but indirect result of the breach.
   
   
3. Liquidated Damages - Money damages agreed-to and written into a contract that would be payable in the event of breach.
   
   
4. Punitive Damages - Money damages awarded with the intention of punishing the party who acted in an offensive manner in an effort to deter others from engaging in the same wrongdoing.
   
   
5. Attorney fees and costs - These fees are generally only recoverable if the terms of the agreement specifically provided for them.
   
   
6. Rescission - A contract is canceled and both parties are excused from further performance.
   
   
7. Reformation - The terms of a contract are modified to reflect the original intention of the parties.
   
   
8. Specific Performance - A court order requiring a party to perform as set forth in the contract.

Arbitration and mediation are both means through which disputes can be settled outside of a traditional court setting. Mediation is a process that enables parties in a dispute to resolve their differences with the aid of a mediator instead of resorting to a lawsuit. The mediator is neutral third party that has been trained to assist people with the discussion of their differences. Mediators are not like judges and do not decide which party “wins”. The mediator instead helps the parties come to a solution on their own using communication between the parties and helping them focus on the real issues. Mediation permits the parties to have some control over the outcome, even though it doesn’t guarantee a final resolution. Arbitration on the other hand relies on a neutral arbiter to hear the evidence from the parties and render a decision that is binding. Arbitration may be more desirable when the parties require a definitive outcome in a time frame that is often shorter and less expensive than conventional litigation.

The losing side in a commercial litigation matter generally does not have to pay the winning side's attorneys’ fees. This enables parties to initiate lawsuits without the fear of incurring excessive costs if they lose the case. There are a few exceptions to this general rule. Courts often have discretion in awarding attorneys’ fees if they believe it will advance justice or if it is in the interest of fairness, such as when a party has started a flagrantly frivolous case with no factual or legal merit. More commonly, parties are liable for attorneys’ fees if they agreed to it in a contract. Nonetheless, even in such cases, courts have discretion as to whether and to what extent such provisions are to be enforced.