Expect Insurance Trouble After Fay
With South Florida buttoned down today in anticipation of Tropical Storm Fay, I’ve got insurance on my mind. If that seems like a strange thing to think about, well, you’re probably not a personal injury lawyer in South Florida. Much of my job involves trying to get my clients what they’re owed by an insurance company -- an auto, malpractice, homeowners’ or liability insurance company. In some cases, that’s not as easy as you might think.
As homeowners in South Florida have known for years -- and as a lot of folks on the Gulf coast learned after Hurricane Katrina -- insurers don’t like having to pay out lots of expensive claims at once. That’s why they try to price-gouge those of us who live in storm-prone areas, and sometimes try to avoid paying claims altogether after an expensive accident. For homeowners, the tricks can be as simple as redefining one type of damage as another type that isn’t covered. In other cases, the insurer might blame you for your accident, try to pay less than it owes or ignore your calls and letters altogether.
In addition to undermining the point of insurance in the first place and victimizing policyholders a second time, refusing to pay a legitimate claim is an illegal breach of contract. You can complain about illegal behavior to the Florida Office of Insurance Regulation, of course. But if you’ve lost substantial money, you should also consider an insurance bad faith lawsuit, which will help you recover the cost of what you lost. Sometimes, it can also punish the insurer for illegal or very unethical behavior with even higher payments.
Luckily, experts predict that Fay will pass us by without causing any serious damage. But if your vehicle, home or other property is badly damaged in this or any other storm and your insurance company won’t pay what it owes, contact Cohn, Smith & Cohn to learn more about your rights and your legal options.
