Myths about insurance companies
 

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.