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What If Your Homeowner’s Insurance Provider Denies Your Claim?

Aug 18, 2017

Homeowner’s insurance is supposed to give you peace of mind against unforeseen expenses and natural disasters. So what do you do if your insurance company denies your claim for damages?

If the insurance provider denies your claim or underpays your claim, you can file a formal lawsuit.

For example, a Florida property owner recently filed a lawsuit against Citizens Property Insurance Corporation after the company denied her claim for water damages. She submitted a damages estimate of more than $20,000, which the insurance provider rejected. Another Florida homeowner argues that his insurer improperly denied a claim for damages caused by a defective shower diverter. He filed a lawsuit against Universal Property & Casualty Insurance Co. alleging breach of contract. Denying or underpaying your claim is a common occurrence with insurance providers.

You need to know your rights and need to act quickly to resolve your insurance dispute.

When a claim is denied or under paid, an experienced attorney at the Insurance Litigation Group can help you plot your best course of action. In anything less than a total loss, you may be entitled to a wide range of benefits including for example:

  • Damage to real and personal property
  • Related loss of income
  • Living expenses
  • Relocation expenses
  • Loss of rental income
  • Business interruption 

Reasons Your Homeowner’s Insurance Claim Might Be Denied

When your home is damaged because of a fire, hurricane or other disaster, the last thing you want is for your insurance company to deny your claim. But your insurance policy probably has some limitations and conditions, and your insurance company will use those to deny your claim. Here are a few common explanations that insurances companies give for claim denials:

  • They might claim that damage sustained during a hurricane or other disaster was actually pre-existing and therefore not covered under the terms of your policy. This contention can be difficult to rebut without solid evidence, which is why you should consult with an experienced attorney.
  • Your insurance policy should spell out your duties after a loss, including when you need to report that loss to the insurance provider. There are many reasons to report losses immediately (for example, it might be possible to mitigate the damage or prevent it from becoming worse). But another important reason to report losses immediately is to ensure that you comply with policy conditions and don’t give your insurance provider a reason to deny your claim.
  • It’s not always easy to tell the difference between flooding damage and water damage caused by wind. Most homeowner’s insurance policies don’t cover flooding (in fact, you probably need a separate flooding policy through the National Flood Insurance Program), and they might try to claim that wind damage is actually flood damage not covered under your policy. An experienced attorney can help you prove how the damage occurred and help you recover what you are owed under your insurance policy.

Other reasons include not paying your premiums, failure to prevent damage and not providing sufficient proof of your loss.

Contact Us Today

The Insurance Litigation Group is well-versed in the tactics that insurance companies use to deny or under pay insurance claims.  The Insurance Litigation Group is a Florida-based law firm representing policyholders involved in property and casualty insurance claims disputes in Florida. With experience based on years in public adjusting and courtroom litigation, our attorneys are well-equipped to take on any type of property insurance claim and dispute to help you receive the compensation that you are entitled to under your homeowner’s insurance policy. Contact us today for a free consultation.

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We are a client-focused law firm that fights aggressively on behalf of residential and commercial policyholders, contractors, restoration and mitigation companies, to produce maximum recovery results from insurance companies through our unique expertise, deep understanding of insurance law, cutting edge technology and proactive approach to litigation.

Insurance Litigation Group serves clients across the state of Florida. With over 7 offices statewide, our attorneys have the knowledge, skills and experience to resolve your dispute against the insurance company. 

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Contact us today about your situation so we can fight to get you paid. We can assist you in any coverage dispute, disagreement over liability or damages, or related matter.

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