Insurance Coverage FAQ
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.
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
Business Disputes FAQ
Depending on the circumstances of your case, the following remedies may be available to you if you prevail in your action:
- Compensatory Damages - Money damages to reimburse you for financial losses incurred as a direct result of the breach or tort.
- Consequential and Incidental Damages - Money damages to reimburse you for financial losses you incurred as foreseeable, but indirect result of the breach.
- Liquidated Damages - Money damages agreed-to and written into a contract that would be payable in the event of breach.
- 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.
- Attorney fees and costs - These fees are generally only recoverable if the terms of the agreement specifically provided for them.
- Rescission - A contract is canceled and both parties are excused from further performance.
- Reformation - The terms of a contract are modified to reflect the original intention of the parties.
- Specific Performance - A court order requiring a party to perform as set forth in the contract.
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