Having an insurance policy, whether for your home or any other type of property, is often considered a guarantee of protection should damage occur. And if a claim is needed, as the policyholder, you want the coverage you’ve paid into to be there in the form of reimbursement. Choosing to file a lawsuit against the insurance company is an option if your claim is denied. The insurance claims attorneys with the Law Offices of Michael B. Brehne, P.A. have years of experience assisting policyholders with these types of suits.

Common Reasons An Insurance Claim Is Denied

There are many reasons why an insurance claim may be denied, but through the years, we’ve found these four instances occur again and again.

Exclusion Clause Is Overlooked

Every type of insurance policy, whether homeowners or car insurance, has exclusions. If the claim damage is excluded, the company will deny the claim.

Insufficient Documentation of Damage

As the policy owner, it’s your responsibility to provide documentation of the damage –– and enough to prove the claim. Take photos, save receipts, and keep notes of communication with the insurance company and anyone else related to the claim. It might seem like more work than its worth at the time, but you’ll be very glad you did.

Filing Deadline Is Missed

Every insurance policy will outline and detail filing deadlines for making a claim. The company will want to know as soon as possible of the damage or incident so they can also begin their part of the claims process.

False or Questionable Claim Submitted

The insurance company will send an adjuster to review the damage and investigate. If the adjuster finds anything that’s questionable or false when compared to the claim or application for coverage, the claim could be denied.

Grounds To Sue Your Insurance Company

Though lawsuits against insurance companies are filed for any number of reasons, insurance dispute attorneys with the Law Offices of Michael B. Brehne, P.A. frequently see these four reasons.

Bad Faith

An insurance company is obligated by state laws to act in good faith, or in other words, not look for reasons to not investigate a claim and/or provide due compensation. Bad faith claim suits can be filed for a number of reasons, including:

  • Unfounded denial of coverage;
  • Failure to conduct a reasonable claim investigation;
  • Not disclosing policy limits; and
  • Not entering into negotiations for a claim settlement.

Denied Claim

If the insurance company unreasonably denies your claim, you can file suit. This is when having all the documentation you can is important, including all correspondence and claim-related documents from the company itself.

Breach of Contract

If the insurance company didn’t follow the policy agreement, all you’re required to prove is the company didn’t follow the policy terms. Ambiguous policy terms are often found in favor of the policyholder by many states when a suit is filed. However, compensation related to a breach of contract dispute is usually limited to the value of the contract itself.

Low Settlement

Suits are often filed because the insurance company offers a settlement amount significantly lower than what the claim is valued. The Orlando insurance lawyers with the Law Offices of Michael B. Brehne, P.A. are experienced in helping clients receive the full settlement amounts they’re entitled to with an insurance claim.

How To Prepare For A Suit

The idea of filing a lawsuit against an insurance company can be daunting as can the preparation beforehand. The Law Offices of Michael B. Brehne, P.A. have helped many clients file suit against their insurance company. Here are three tips to help you prepare for a suit.

Get A Copy Of The Policy From The Insurance Company

Contact the insurance company for a copy of the policy, even if you already have a copy. Two copies are always better than one. And on the off chance there’s a difference between your copy and the insurance company’s, it will be helpful during the suit.

Double Check The Loss Was Covered

Insurance companies stick any number of exclusions into policies while using vague language to outline the exclusions. Even if you’ve already checked the policy, look at it again. Feel free to call the Law Offices of Michael B. Brehne, P.A. to have one of our experienced Orlando insurance lawyers look over the policy to be certain.

Call Our Insurance Claims Attorneys

Call the insurance claims attorneys at the Law Offices of Michael B. Brehne, P.A. to start building a case. We’ve taken on many insurance companies for clients and successfully obtained the compensation they deserved. You can count on our firm to fully research state laws regarding any case and help you file a claim with the state’s department of insurance. When it’s time to file a suit, we’ll be ready to settle out of court or go to trial if necessary.

Insurance Disputes Infographic