You should be able to rely upon the homeowners’ insurance coverage you purchased to protect your home. However, a Florida homeowners’ insurance lawyer can help if your insurance company denied a recent claim. They can investigate the reason for the denial, prove the validity of your claim, and file an effective appeal. If your insurer denies your appeal, your attorney could file a civil lawsuit on your behalf.
A local law firm will guide you through each phase of how to fight a denied homeowners’ insurance claim, starting with a free review of your initial property damage claim. Your lawyer will review your policy in detail and manage every step of the appeals process—including taking your case to court, though this is rare.
Understand Why Your Insurer Denied Your Claim—and Get It in Writing
Florida protects its homeowners and their rights with the Homeowner Claims Bill of Rights, which requires your insurance company to notify you in writing of the reason it denied your claim. If a Florida property damage lawyer represents you, provide them with a copy of your denial notice.
You are entitled to a written notification for a denied claim. Let your lawyer know if you do not receive such notice within 30 days. This failure could constitute an act of bad faith by the insurance company and entitle you to seek additional compensation.
Frequently Reported Reasons for Homeowners’ Insurance Claim Denials
Not every denied claim will lead to a successful appeal. Your lawyer will examine your policy and letter of denial in detail and determine your right to appeal. The most common reasons an insurer denies a claim include the following:
- The type of damage your home sustained is not a covered loss, according to your policy
- The damage occurred during a lapse in coverage due to non-payment of your premium
- The insurance company or adjuster suspects fraud in your application or a damaging event
- You filed your homeowners’ claim after a statutory or policy deadline expired
- The damage to your home was pre-existing
- You failed to take action to prevent additional damage
- Your claim did not include sufficient evidence or a required Proof of Loss form
- The insurance adjuster deems the damage to be the result of policyholder negligence
Sometimes, an insurance adjuster mistakenly denies a claim due to human error, such as incorrect coding or improper policyholder identification. If the adjuster denied your claim due to a clerical error, a lawyer can identify it, inform the insurance company of its mistake, and take corrective measures.
Examine Your Policy for Mediation and Appeals Options After a Denial
Sometimes, you can easily correct a denied home insurance claim. In other cases, you may need the support of a local Florida homeowners’ insurance lawyer. Their familiarity with denied claims can help you build a persuasive appeal that secures the compensation you need.
You might also have the option of entering mediation, where a third party objectively looks at your initial claim, denial, and attempts to resolve your dispute with the insurance company.
You Can Ask a Lawyer to Communicate With the Insurance Company for You
A lawyer can deal with your insurance company and handle all calls, emails, and other communication. They will request specific information on why the insurer denied your claim. From there, they can correct typos, application errors, and other reasons for the denial.
Provide your lawyer with all correspondence to date and let them handle it going forward. Having a lawyer communicate on your behalf helps you avoid having anything you say misconstrued or misunderstood.
You Can Get Legal Support for a Denied Claim at No Out-of-Pocket Cost to You
You never have to go up against a giant insurance company alone. Most property damage attorneys will accept your case on contingency. They will cover all the costs of preparing your claim, including:
- Collecting evidence
- Documentation fees
- Deposition costs
- Expert consultations
You will only compensate the law firm if they recover damages. Otherwise, you will not owe any legal or attorney’s fees if you don’t receive compensation.
A Lawyer Can Build—or Supplement—Your Evidence Collection
If the insurance company denied your claim for lack of evidence, your lawyer could review any previously submitted evidence and collect additional documentation that supports your property damage claim. They can also prove you submitted all the evidence required by your policy’s guidelines.
A Lawyer Can File an Effective Appeal on Your Behalf
Every homeowners’ insurance company has an internal appeals process. Your lawyer can help you handle each step outlined in your policy to appeal a denied claim. They can also help you meet mandatory notification and filing deadlines.
A Lawyer Can Identify Acts of Bad Faith That Led to a Claim Denial
Florida Statute 624.155 identifies actions deemed bad faith insurance tactics. If any of these acts affected your claim, your lawyer will identify them. Bad faith insurance tactics include:
- Not thoroughly investigating your claim
- Denying your claim without reason
- Misconstruing some or all of your policy
- Unreasonably low settlement offers
- Engaging in intentional delay tactics
They can also help you report these unscrupulous actions to the appropriate agency—Florida’s Office of Insurance Regulation (FLOIR). Filing an official complaint can be a long and involved process that your lawyer can handle for you. You can focus on caring for yourself and your family, including temporarily relocating them, while your legal team works to win your appeal and maximize your compensation.
Get Help Fighting a Denied Homeowners’ Insurance Claim
You do not have to accept a denial of your property damage claim without a fight. At GED Lawyers, we can help you fight a denied homeowners’ insurance claim with an effective, well-documented appeal.
Please learn how hard our client-focused homeowners’ insurance lawyers will work for you. Contact one of our consultation team members today for your free claim evaluation.
