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Yearly Archives: 2020

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Prompt Notice Issues in Property Insurance Claims

Thu Dec 31st, 2020 on     Property Insurance,    

Let our Experienced Miami Insurance Claim Lawyer Help Today In many cases, property insurance claims are denied because the insurance carrier argues that the policyholder failed to provide “timely notice of the loss” — even in extreme situations involving hurricane damage.  Lack of prompt notice is a common excuse justifying claim denial, but it can be somewhat confusing and stressful for policyholders — after all, at what point does a delay go from reasonable-to-unreasonable? Given the complexity of prompt notice issues, we encourage you to contact an experienced Miami insurance claim lawyer here at Ver Ploeg & Marino, P.A. for guidance.  We are committed to thorough, client-focused advocacy.  Our team will help you navigate the dispute and secure the benefits you deserve. It’s worth noting that Florida law is relatively policyholder-friendly.  Though you should always seek to provide notice without delay, minor (and sometimes even major) delays do not necessarily justify a claim denial.  There are a number of persuasive arguments you can make to overcome the insurance carrier’s excuses. Let’s take a closer look at prompt notice as a concept under Florida law. Prompt Notice Requirements Under Florida Law In Florida, property insurance policies require prompt notice of the claim to the insurance carrier.  Failure to provide prompt notice will result in a forfeiture of benefits that might otherwise have been available. There are two aspects to a violation of the prompt notice requirement: Lack of timely notice of the claim to the insurance carrier, and The insurance carrier […]

Common Coverage Exclusions in Professional E&O Policies

Thu Dec 17th, 2020 on     Insurance Claims,    

Work With a Skilled Miami Insurance Claim Lawyer   Professional negligence is a serious and career-long concern for licensed professionals, in Florida and elsewhere.  In order to avoid the potentially catastrophic financial risks posed by a lawsuit, professionals typically purchase errors and omissions insurance coverage (E&O) to protect them in the event of a lawsuit. Unfortunately, it’s easy to assume that this protection will apply when you need it most — but insurance carriers often deny E&O claims, leaving the professional policyholder in a vulnerable position. If you’re a licensed professional who has been sued for malpractice, then you may be feeling overwhelmed, anxious, and unsure of how to proceed — even if you have comprehensive E&O coverage. We can help. Here at Ver Ploeg & Marino, P.A., our team has decades of experience working with professionals throughout the state of Florida, helping them to submit successful insurance claims under their E&O policies.  When a claim is denied, we advocate relentlessly for our clients, working with them to challenge the decision of their insurance carrier and secure the coverage they deserve. Ready to speak to an experienced Miami insurance claim lawyer at our firm?  Call us at 305-577-3996 or contact us online to schedule a consultation.  We look forward to speaking with you. Before you move forward, however, you may be wondering what justifications the insurance carrier might use to try and deny your claim.  Oftentimes, the insurance carrier will argue on the basis of an exclusion. These exclusions do […]

A Florida Insurer’s Duty to Defend — Frequently Asked Questions

Mon Nov 30th, 2020 on     FAQs,    

Let Our Miami Insurance Coverage Lawyer Help If you are a Commercial General Liability (CGL) policyholder, then you may be feeling a bit lost if your insurer has refused to defend you in the underlying litigation.  After all, you purchased insurance coverage in the hopes that — should a third-party sue — you would have a reliable ally to defend you and cover your losses. In Florida, CGL insurers have a duty to defend their policyholders when the underlying litigation involves covered claims.  Despite this broad duty to defend, insurers often take the position that they are not required to step in to defend the policyholder — they are likely to argue that the claims are not covered by the policy. This can put the policyholder in a vulnerable position.  They may not have the financial resources necessary to pay for legal assistance out-of-pocket, and may therefore be resigned to an unfavorable settlement with the plaintiff.  Worse still, paying for CGL insurance coverage would have been a waste. Fortunately, an insurer’s refusal to defend you in the underlying litigation can be challenged with the help of an experienced Miami insurance coverage lawyer. Here at Ver Ploeg & Marino, our team has decades of experience working with policyholders to secure their rights — including their right to have their insurer step in and defend them in the underlying litigation.  We are committed to client-focused representation and work closely with our clients at every step of litigation to meet their needs and […]

Common Issues in Fidelity Bond Coverage

Mon Nov 16th, 2020 on     Insurance Law,    

Seek Guidance From a Skilled Miami Insurance Coverage Lawyer   Fidelity bonds are a form of insurance coverage that pays out for losses caused by crimes perpetrated by employees (and other related individuals/entities) against your business.  For example, fidelity bond insurance coverage would pay out for losses caused by an accountant who commits fraud while working at your company. Fidelity bonds are an important tool, not only to protect your business from employees and others who could undermine the business but also to avoid the serious interruption to business operations that might occur if you’re forced to pursue recovery directly from the problematic employee. Unfortunately, despite the fact that fidelity bond coverage is intended to “kick in” at a time when the business owner may be financially vulnerable and feeling betrayed by their employees, insurers may deny or undervalue claims.  You need not resign yourself to this underwhelming or adverse result, however — with assistance, you can challenge the decision and obtain the benefits to which you’re entitled. If you would like to get in touch with a qualified Miami insurance coverage lawyer, we encourage you to contact the team here at Ver Ploeg & Marino to schedule a consultation at your earliest convenience.  Coverage disputes are common, and can put immense financial and psychological pressure on the policyholder — after all, you no doubt purchased insurance coverage under the impression that you could “rest easy” and rely on it to cover the losses you sustained. Here at VPM Law, […]

E&O Insurance Coverage FAQs

Fri Oct 30th, 2020 on     FAQs,    

Work with Skilled Miami Insurance Law Attorneys   Errors and omissions (E&O) insurance is a necessity for many professionals who engage in high stakes work that could lead to third-party misconduct claims.  For example, a real estate broker may find it necessary to purchase E&O insurance, as they could be on the hook for damages if they sell a house and fail to disclose certain construction defects that would be relevant to the new homeowner. Mistakes happen.  Though you may be a high-performing professional who does very well relative to the competition, flawless performance is not realistic.  E&O insurance coverage is meant to cover those “gaps” in performance that could lead to a professional misconduct claim for damages. The problem is that E&O insurers often refuse to “step up to the plate” when a claim is brought.  The insurer may deny the claim and argue that they have no duty to defend you in the underlying litigation.  This can be quite a shock — after all, you were relying on the insurance company to take steps to protect you from harm. Professional misconduct accusations can be frightening, overwhelming, and disruptive to one’s life and reputation.  Here at Ver Ploeg & Marino, P.A., we understand just how frustrating it can be to navigate these complex emotional and professional issues while the insurer you were supposed to be able to rely on is refusing to provide the support you need. It is important to us that we resolve your claim efficiently and […]

Common Homeowner’s Insurance Concerns

Fri Oct 16th, 2020 on     Homeowners Insurance,    

Experienced Miami Insurance Litigation Lawyer   Homeowner’s insurance coverage pays out for property loss — generally caused by natural events, such as a flood or a hurricane, or a fire.  Various other property losses may also be covered, depending on how comprehensive the coverage is. However, homeowners often feel confused as to what they can or should do after they have suffered a loss.  This is perfectly natural.  There are many strategic complexities to homeowner’s insurance coverage, and the correct approach to pursuing a claim is not always clear — especially for those who have minimal experience in navigating negotiations and disputes in this context. As such, it is important to consult an experienced Miami insurance litigation lawyer for guidance on how to proceed. Here at Ver Ploeg & Marino, P.A., our team of attorneys have represented insurance policyholders for decades, helping them to secure the benefits to which they’re entitled (and recover damages through litigation, when necessary).  We encourage you to contact us as soon as possible to schedule a consultation. For now, let us briefly explore some common homeowner’s insurance issues that you may encounter in the wake of a property-related loss. Rising Premiums Many homeowners — even if they feel they have a legitimate claim to submit for property loss under their policy — are worried about submitting a claim and in doing so, raising their premiums. This is a common problem faced by homeowners, and reasonably so, as there may be confusion as to 1) the amount […]

Florida Insurers and Their Duty to Defend

Wed Sep 30th, 2020 on     Insurance Claims,    

Work With Our Miami Insurance Coverage Lawyer Today In Florida, if a policyholder is potentially liable to a third-party (i.e., a liability claim has been brought against them and that claim is covered by the underlying insurance policy), then the insurer has a duty to defend the policyholder in the ensuing litigation.  As with most liability disputes, these disputes are likely to resolve through pre-litigation settlement — but the insurer must still adhere to their duties and take control of the defense. Unfortunately, many insurers will take steps to avoid having to invest the funds and resources towards defending a policyholder in litigation, even if they are required to do so.  The insurer may argue that the underlying issues do not involve claims that would be covered by the insurance policy, for example, and use this argument to avoid their “duty to defend.” This can pose significant challenges for a cash-strapped policyholder-defendant, as the policyholder would have to sustain additional costs by hiring an independent attorney to represent them in the liability dispute.  Quite obviously, this more costly path is not something the policyholder would have contemplated when purchasing insurance coverage — they no doubt purchased insurance with the assumption that it would lead to a reliable defense in the event of a lawsuit. If you are being sued by a third-party and believe that the lawsuit is covered by your insurance policy, it’s important that you get in touch with a qualified Miami insurance coverage lawyer for guidance on […]

Bad Faith Insurance Claims in Florida

Wed Sep 16th, 2020 on     Bad Faith Insurance,    

Let Our Miami Insurance Law Firm Work For You Insurers are fundamentally profit-motivated.  Though this is a truism that most policyholders accept and understand, it’s often forgotten when it comes time for the policyholder to make an insurance claim — after all, one would assume that the insurance provider would act with some semblance of “honor” and live up to their promises. The grim reality is that many insurers will do anything and everything — even violating basic good faith conduct — to avoid having to pay out damages in accordance with the coverage sought. Though insurers can naturally be expected to take a position that is in opposition to the policyholder (i.e., that they do not have to cover the claim due to interpreting the insurance policy differently), they also engage in potentially violative conduct: inadequately investigating the facts surrounding a claim, denying claims without a reasonable basis for doing so, delaying the processing of a claim unreasonably and undervaluing a claim to force an exhausted and vulnerable policyholder to simply resign themselves to the reduced payout. Florida law does provide some protection to policyholders and others who find themselves subject to this type of misconduct — specifically, this type of insurance misconduct may give rise to a bad faith claim. If you believe that an insurer has acted in bad faith, then it’s worth exploring your legal options.  Here at Ver Ploeg & Marino, P.A., we encourage you to contact our Miami insurance law firm to schedule a […]

5 Justifications for Homeowner Insurance Denial

Mon Aug 31st, 2020 on     Homeowners Insurance,    

Experienced Miami Insurance Litigation Lawyer   As a general rule, homeowners purchase property insurance with a level of optimism — they tend to operate under the assumption that, in the event their property is seriously damaged, they will be covered by the purchased policy, and that submitting a claim (and receiving the necessary payout) will be fairly straightforward. Unfortunately, homeowners often find that the truth is quite a bit messier than they might have originally thought. Insurance companies will deny — or if necessary, undervalue — homeowner’s insurance claims where possible to do so, even if they do not have a particularly strong argument.  They count on the fact that many homeowners are too preoccupied with other issues (namely, fixing the property and the various demands of everyday life) to pursue the claim. That’s where we come in. If you would like to speak to an experienced Miami insurance litigation lawyer about your homeowners’ insurance claim, we encourage you to contact Ver Ploeg & Marino, P.A. as soon as possible to schedule a consultation. Curious about what justifications insurers use to deny (or undervalue) legitimate homeowner’s insurance claims?  Consider the following. Third-Party Misconduct Led to the Property Damage Homeowners’ insurance policies do not generally cover third-party misconduct — instead, those third-parties must be held liable for property damage caused.  Your insurer will likely not be willing to pay out for damages caused by a third-party. Homeowners’ insurance is primarily meant to cover property damage that was caused by a natural […]

Fidelity and Crime Insurance Coverage: Our Miami Insurance Litigation Lawyer Answers Your Questions

Mon Aug 17th, 2020 on     Insurance Law,    

Crime insurance is critical for many businesses to “cover the gaps” in the event that they are subject to losses caused by dishonest employees or third-parties.  After all, systemic fraud committed by an employee can seriously disrupt a business, possibly even sending it into bankruptcy. If you operate a business and have been affected by the commission of a crime — whether by an employee or a third-party — then you may be entitled to submit a claim with your insurance company under your crime insurance policy.  Unfortunately, insurers will use any excuse available to minimize coverage and avoid having to payout. We can help. Here at Ver Ploeg & Marino, P.A., our attorneys have decades of experience working with insurance policyholders, helping them navigate the complexities of submitting a claim and (in the event of an adverse decision) appealing that decision or even bringing a lawsuit.  Our focus on insurance disputes has given us valuable insight into what it takes to secure a favorable result, whether through negotiation or litigation. In truth, successful insurance litigation is a team effort.  Over the years, we have developed a trusted network of experts and other professionals who can provide expertise throughout the process. Interested in speaking with a Miami insurance litigation lawyer at VPM Law?  Contact us to schedule a consultation. Frequently Asked Questions (FAQs) What is the difference between a crime insurance policy and a fidelity bond? Crime insurance coverage describes the broader insurance policy that pays out benefits if your […]

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