Lawsuit filed in Fire Loss Case

My client and his wife came home one day and their home had burned to the ground.  In addition, 50 years of memories and possessions were also destroyed.  The insureds promptly reported the claim to their homeowners insurer, and the nightmare began.

There was never any question that the fire was caused by an electrical problem and absolutely covered under their homeowners insurance policy.  But, the homeowners insurer dragged its feet, and repeatedly asked my clients to “prove” what contents were in the house.  The insurer repeatedly asked them to provide receipts and pictures of the items.  The insureds repeatedly explained to their insurer that the any receipts and pictures they had were destroyed in the fire.  The insurer refused to pay for the items that the homeowners could not prove they owned.

With over 23 years of experience dealing with cases like this, this is one of the most common tactics I see.  Homeowners do not have to “prove” what they lost.  It is sufficient to “say” what they lost.  After that, if the insurance company doesn’t want to pay, they have to prove that the insureds are misrepresenting their losses.

Today, I filed a lawsuit against the homeowners insurer for breach of contract.

As with most of my insurance cases:  If I win, the insurance company must pay my attorney’s fees and costs; and if I lose, I’ll work for free.

Remember, the denial of your claim is not the end of the inquiry, it’s just the beginning.  Almost every insurance case I’ve ever won all have one thing in common.  They all started with “no.”

Florida Insurance Blog

Lawsuit Filed on Roof Damage Case

My client was at home during a severe hail and wind storm which occurred on March 24, 2013.  She even has pictures large pieces of hail in her hand.  Her roof sustained significant hail and wind damage.  She promptly called her homeowners insurance company to report the claim, and it promptly denied the claim – saying they were unaware of any storm, and did not see any storm damage.

I promptly filed a lawsuit against the insurance company for breach of contract.  Over the years, I’ve handled more than 1,000 roof damage cases against homeowners insurance companies.

As with most of my insurance cases:  If I win, the insurance company must pay my attorney’s fees and costs; and if I lose, I’ll work for free.

Remember, the denial of your claim is not the end of the inquiry, it’s just the beginning.  Almost every insurance case I’ve ever won all have one thing in common.  They all started with “no.”

Florida Insurance Blog

Lawsuit Filed in Sinkhole Case

My clients noticed cracking around the outside of their home.  They also noticed that they were having trouble closing doors in their home.  They reported the claim to the homeowners insurer for suspected sinkhole damage.

The homeowners insurer sent out engineers to do testing.  The engineers did testing, and then said that there was no sinkhole activity detected.  The problem is, the engineers’ testing actually proved that there was sinkhole activity.

This happens all the time.  Routinely, the insurance company’s engineering reports are the strongest evidence I have to prove there is indeed sinkhole activity.

Last week, I filed suit against the homeowners insurance company for breach of contract.  Their own engineering report will be my strongest evidence of sinkhole activity.

The lesson here is that even if the insurance company’s experts say there is no claim, let me look at your denial for free.

As with most of my insurance cases:  If I win, the insurance company must pay my attorney’s fees and costs; and if I lose, I’ll work for free.

Remember, the denial of your claim is not the end of the inquiry, it’s just the beginning.  Almost every insurance case I’ve ever won all have one thing in common.  They all started with “no.”


Florida Insurance Blog