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Insurance companies use a number of tactics to
deter claims. See if you have heard any of these statements.
1. If you cash a check from
your insurance company, you cannot get any more money.
FALSE.
This is not true but your insurance company wants you to
believe it is. As long as you did not sign a release, skilled
attorneys focusing their practice in Natural Disaster Law may be able to get
additional recovery. There may be penalties for
improperly suggesting to you that your rights to full
compensation are somehow eliminated because you already received
or cashed a check for a portion of the loss.
2. Your insurance company will
drop you if you file a claim.
FALSE. It is illegal under
Florida Law for insurance companies to drop you or otherwise
refuse to further insure because you made a hurricane (or other
Natural Disaster)
property damage claim. In fact, an insurance company can lose
their license, be penalized, or suffer serious sanctions if
it wrongfully refuses to pay claims. While the statutes
governing insurance companies and agents can be very technical and
complicated, we can illustrate a number of specific rights that
you possess, and explain the common violations and your remedies to respond to such wrongful conduct.
3. If you file a claim your
insurance rates will go up.
FALSE. Whether you file a claim
or not, your rates will likely go up. Florida regulators allow
insurance companies to increase their rates on many of their
policies depending upon a number of factors that might not be
fair to you. However Florida regulators are becoming more aware. For example, Allstate Floridian recently
attempted to raise their rates by 43.4% statewide and were
denied the increase (click
here). Hurricanes, like
earthquakes, are Natural Disasters and obviously occur based on
climate conditions. Hurricanes do not occur in relation to what a particular
property owner might do on their property. It cannot be
reasonably disputed, however, that insurance companies are in
business to make money, and if they can utilize natural
disasters to raise premiums, they are likely to continue in
their efforts. We can explain the rights you do have and the
steps to take to maximize your insurance protection.
4. If you hire an attorney,
the insurance company will be mad and not pay the claim.
THIS IS FALSE.
Insurance companies are likely betting that you won’t hire
the right experts to enforce the policy (a formal contract).
An Attorney that has significant experience and expertise in
insurance-related claims almost always move the case closer to a
better resolution, whether that is at trial or through a more
profitable settlement for you.
5. Claims by the insurance company
that the damage does not exceed the deductible.
THIS IS OFTEN FALSE.
This is a frequent response by insurance companies.
Frequently, the
insured may give up and pay out of pocket for repairs that should
be paid for by insurance. The insurance company may not be
informing you that there may be opportunities to waive
deductibles, or misapplication of deductibles, or wrong
categorization of losses as being subject to a deductible. Be
careful and wary when you get this sort of response.
Natural disaster law can be complicated. Insurance contract
interpretation can be difficult. An experienced Attorney can help
in these situations even if you have had prior adjusters (who
may even be experienced), but can not use litigation tactics to
better pursue your claim. Consulting an experienced
Attorney should only better your claim by pursuing your matter
where adjusters can not.
6. The Broker/Agent who sold you
the insurance policy claims that they are unable to help you
with processing your claim with the insurance company.
THIS IS FALSE.
One of the more frustrating things that typical Associations
feel in the early stages of processing a claim is the silly
response by the insurance broker who sold you the insurance that
“he can’t help you” or that “you should call the insurance
company” or that he “doesn’t work for the insurance company and
therefore cannot help you.” You should remember that in many
instances an insurance broker was paid a commission to procure
insurance. An insurance broker is paid, in part, to get
insurance that for your needs.
The insurance broker/agent is required by law to perform these
tasks, and equally significant, you should consider not working
with any broker that refuses to specifically help you at all stages of the claim. We have some
specific strategies for you to undertake in selecting a broker
or in utilizing your existing broker that may help
you immensely in any present or future claim.
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