Orlando Insurance Litigation Attorney
Many insurance companies have two faces. They mostly show the “we’ve got you covered” customer service face. This act is only designed to attract and retain customers. When a claim or other problem arises, the insurance company presents another face. Adjusters look for factual loopholes to deny claims. Later, insurance company lawyers look for legal loopholes to deny liability. Since the insurance company has so many resources, you need someone on your side.
At HD Law Partners, our experienced Orlando insurance litigation attorneys take on insurance companies. From the initial pleadings through discovery, and from mediation through trial, we fight for you. Our proven methods rest on two old-fashioned principles: hard work and open communication. We put forth our best effort with every action we take. And, we keep you in the loop all along the way.
Fast Claims Settlement
Under Florida law, if liability is reasonably clear, the insurance company has a duty to settle the dispute quickly. If the victim/plaintiff must file a legal claim to obtain damages, that is normally too late. So, some of the penalties set forth in Section 624.155 of the Florida Statutes may apply.
However, liability is usually unclear in a car crash and other such claims. As outlined below, there is almost always a reasonable defense.
This part of the law may still apply. An experienced attorney can use it to place pressure on the insurance company to revise settlement terms and make a better offer. That means more money in your pocket and faster closure for the case itself.
Claim Denial and Resolution
If the insurance company denies a claim, whether or not you are the insured party, the company must have a good faith reason for the denial. A clear coverage exclusion is a good faith reason to deny a claim.
Other reasons are not so clear. For example, the insurance company may broadly or narrowly interpret provisions to suit its own interests. Or, the company may deny coverage because one premium payment was one day late or a few dollars short. Denials like these could involve bad faith.
To resolve these questions, most issues like these go to mediation or arbitration. In these forums, the insurance company must defend the denial in front of a neutral third party. If the company cannot do so, it must resolve the claim on terms that are favorable to the victim/plaintiff.
Some Insurance Company Legal Defenses
If the case goes to court, many defenses revolve around the contributory negligence doctrine. This rule essentially shifts blame for the incident onto the victim. For example, the insurance company might admit that its insured driver was sleep-deprived. But, the company may blame the accident on the victim’s illegal turn.
Florida is a pure comparative fault state. Even if the tortfeasor (negligent actor) was 90 percent responsible for the damages, the victim/plaintiff is still entitled to a proportional share of compensation.
Other defenses include the assumption of the risk doctrine. This rule comes up frequently in premises liability cases.
Reach Out to Tenacious Orlando Insurance Litigation Attorneys
In a nutshell, we make insurance companies keep their oral and written promises. For a free consultation with an experienced personal injury attorney in Orlando, contact HD Law Partners. After hours appointments are available.