Insurance Disputes

Insurance companies' advertisements use catchy jingles, charming animated characters, and reassuring logos, all designed to make you feel comfortable doing business with them. Those cute commercials provide little relief, however, when an insurance company reduces, denies, or delays your insurance claim. Insurance provides the protection that allows people and businesses to function within a complex modern society. When you buy a policy of insurance you are entering into what should be a simple contract. You agree to pay a premium that the insurance company sets; and, in the event of a covered loss they agree to put your interest before their own and protect you. From such a simple concept, many problems will flow.

Insurance companies many times honor their obligations and act fairly, professionally and with due regards for their insured interests. Unfortunately, all too often insurance companies can be difficult and unfair in their dealings with claimants as well as their own insureds. This difficulty is increased when a claim comes under scrutiny, often leading to a dispute that prevents you from either recovering the benefits you deserve or receiving the protection from the claims of others that you expected. We are not intimidated by insurance companies and you should not be either. Our law firm represents individuals and businesses in disputes against insurance companies, providing an experienced guide to protect you and your family when the insurance company is trying to protect their bottom line at your expense. If we must file suit to recover your benefits and prevail, Florida law provides that the insurance company must pay your legal fees and costs.

Insurance coverage claims fall into two broad categories. First party claims are those where you are making a claim against your own policy. Examples of first party claims include, no-fault/PIP, uninsured motorist (UM), health, life or disability coverage. Third party claims are those where you are making a claim against the insurance company for another party who may be financially responsible for causing injury or damage you sustained as the result of their negligence.

The Insurance Company/Adjuster Represent Their Interests, Not Yours

Rarely do insurance companies have an injured person's best interests in mind. It is the goal of the insurance company to reduce their financial exposure, and to force the injured person into a quick agreement, preferably without legal representation or a clear knowledge of their legal rights. The insurance adjuster is a professional trained to investigate your insurance claim, minimize their exposure to damages, and deflect liability from the Insurance Company and its insured.

The many insurance carriers use different tactics to deny, delay or reduce claim payments, including:

  • Delay and Stalling, here they just keep requiring excessive documentation or verification of a claim;
  • Unreasonable Requirements, such as getting you to resubmit information previously supplied or gather new information that has already been established or is simply not relevant;
  • Adjuster Changes, by changing adjusters or requiring multiple adjusters or multiple estimates for the same damage the insurer can start to wear you out;
  • Deceptive Practices, making statements that are later contradicted during a claim or denying a claim based on incorrect/incomplete information;
  • Negligent and even Occasionally Intentional Misrepresentations, including policy provisions or interpretations, evaluations, appraisals and adjustments; reducing your medical bills from auto accidents, even outright fraud.

These tactics are all designed by insurance companies in the hope that the claimant will simply give up in the face of an exhausting, time consuming process. When faced with these daunting obstacles, you can either roll over, give up and accept that the insurance company doesn't deal fairly, or you can seek the expertise of an aggressive attorney who is committed to trying to get you everything to which you are entitled as quickly as possible.

Types of Disputes

Insurance permeates nearly every aspect of modern day life. The areas for disputes to arise are nearly limitless. We focus on obtaining relief for businesses or individuals involved in disputes with insurance companies involving the wrongful denial of coverage, bad faith claims, PIP claims, personal injury claims, life insurance claims, short and long term disability claims, homeowners claims, health insurance claims. In addition, we have handled claims arising under automobile policies, No-Fault coverage, uninsured motorists' coverage, medical/health insurance, commercial insurance, business interruption, comprehensive general liability insurance, umbrella insurance, ERISA, and boat insurance claims. We are familiar with the statutory and contractual issues that are involved with these types of claims. Many times the disputes can involve personal injury claims, but they can also involve property damage claims due to inadequate repairs to vehicles, hail damage to homes and cars, mold contamination or losses due to such disasters as sinkholes or hurricanes. Regardless of the size of the claim, if you have had an insurance company attempt to deny or unfairly reduce your claim, you are invited call and speak to one of our attorneys for a free consultation. In many cases, if we have to file suit, the insurance company will be required to pay our fees and costs.

Payment/Settlement

A bad financial situation after a major loss may make it seem necessary for you to accept a premature, inadequate settlement from your insurer, but you may discover that the insurance companies will often try to get you to accept their estimator's or contractor's repair of replacement estimates or appraisal, which might be a bit low or you may discover damaged items after you have signed a release as to payment for your personal property or other claims. You should always read the fine print on any document or payment from the insurance company.

If you have replacement coverage, you may be required to replace the lost items before getting your full reimbursement. If you have depreciated coverage, you should receive the actual cash value of the item. If necessary, make sure that you complete a signed proof of loss within the prescribed time limit, if you have not obtained a written waiver from your insurance company.

Often times an insurance company will offer a minimal amount of money in return for our signature on a document known as a "release" stating that you will not sue them. You should never accept a check that says "final payment" or "release" unless you are ready to do so. Accepting a check may be construed as a settlement that prohibits you from obtaining any additional amounts from the at-fault driver or his or her insurance company.

Contact the Kane Law Firm, P.A.

Insurance coverage attorneys at the Kane Law Firm, P.A. in Orlando, Florida have spent years representing insurance companies all over Central Florida before representing people against insurance companies. The Kane Law Firm knows how the Insurance Companies think, how they approach coverage disputes, how they make decisions, what information they need to reassess their position in favor of paying the fair value of the claim and what gets them to change their position. We evaluate all aspects of your insurance dispute so we can advise you on the best course of action and cut through the red tape associated with processing and valuing your claim. Let us put that inside knowledge to work for you.

Please call us now if you are having problems getting your insurance claim paid quickly and fairly. A lawyer will examine your case to see if we can help return you and your family to your normal lives as quickly as possible. The sooner you begin, the sooner you and your family will be on the road to recovery.

If you or a loved one has an insurance dispute, please call the Central Florida Insurance Dispute Attorneys at the Kane Law Firm, P.A. in Orlando, Florida at 407-898-9130, submit a contact form on our website, or email us at Info@KaneInjury.com.

We offer a free initial consultation, and if we agree to take your case, we will work on a contingency basis. This means we will get paid for our services only if there is a monetary award or recovery of funds.