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Author: VPM Legal

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Miami Insurance Claim Lawyer Explains Why Insurance Companies Rescind Life Insurance Policies and Deny Claims

Thu Sep 30th, 2021 on     Insurance Claims,    

Many people take out life insurance policies so they can rest easy in the knowledge that their loved ones will be cared for after they are gone. What they do not anticipate is that the insurance company will rescind the policy or deny the claim, leaving their family without the support they need. This can be a nightmare scenario for families dependent upon the life insurance funds to help them with their daily living. In order to help you avoid having this happen to you and your family, our Miami insurance claim lawyer explains the reasons why these rescissions and denials occur. Rescission & The Contestability Period When a life insurance policy is rescinded, it is as if the contract between the insured and the insurer never occurred and there was never a period of time when coverage was in effect. The most common reason for rescission is a material misrepresentation on the application. If your insurance policy has been rescinded, it is in your best interest to consult with a Miami insurance claim lawyer.  A contestability period is a period of time that an insurer has to investigate and rescind policies. In Florida, the contestability period is two years. This means that if the insured dies within the first two years after the insurance policy is issued, the insurance company will likely investigate to ensure that the information provided on the application was accurate. If the insurance company’s investigation determines that there were fraudulent representations made on the application, it […]

Before & After the Hurricane: Miami Insurance Law Attorneys Offer Insurance Tips for Property Owners

Thu Sep 16th, 2021 on     Insurance Claims,    

Hurricane season is a time of year when all Floridians keep their eyes on the Atlantic. Hurricanes are a way of life for Florida residents and we are well accustomed to the havoc they can wreak. Taking the right precautions and having the correct insurance can make all the difference when a hurricane hits and your property is destroyed. Our Miami insurance law attorneys offer the following advice to help ensure you are ready. Review Your Existing Coverage It is imperative that you have the correct type and amount of hurricane insurance before hurricane season even starts. Once a hurricane watch or tropical storm warning is issued, your insurance company will not allow you to add to or change your existing policy. There are several key items to look for in your policy according to our Miami insurance law attorneys.  Standard Coverage & Hurricane Coverage While reviewing your insurance policy, pay attention to what is covered. Some standard policies cover damage from hurricanes while others do not and require that you purchase an additional policy for hurricane coverage. In large part, whether or not you need additional coverage on top of your standard policy is determined by where you live. The more likely that you will be hit by a catastrophic hurricane, the more likely you will need the additional hurricane policy. Your insurance policy should also cover damage caused by high winds, storm surges, and flooding. Flooding is not typically covered in standard policies so double-check and make sure […]

Is Your Insurer Acting in Bad Faith?

Tue Aug 31st, 2021 on     Bad Faith Insurance,    

Insurance policies exist to provide policyholders protection should they suffer some sort of loss. They serve to bring peace of mind and security to those that purchase them and are typically a worthy investment. However, situations sometimes occur wherein the insurance company fails to settle a valid claim, denies coverage altogether, or fails to timely investigate a claim. When this occurs, the policyholder is left with a bad faith insurance claim which may cause them significant damages.  Florida’s Bad Faith Statute Florida has enacted a statute known as the Bad Faith Statute which holds that a policyholder may have a legal claim against an insurer when they do not attempt in good faith “to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly towards its insured.” Unfortunately, many insureds are not aware of this statute or the requirements it imposes on the insurance company. In turn, many insurance companies anticipate that the insured will not be aware of this good faith requirement and do not comply with the statute. When this occurs, a Miami bad faith insurance attorney is able to use the statute to hold the insurance company accountable for its actions.  Our Miami Bad Faith Insurance Attorney Explains the Different Types of Bad Faith Insurance Claims in Florida There are two types of bad faith insurance claims in Florida, first party and third party. Following is an explanation of the two and how they differ. First-Party Bad […]

The Insurance Claims Process: A Few Things You Need to Know

Tue Aug 17th, 2021 on     Insurance Claims,    

When tragedy strikes, it helps for a policyholder to understand the process of filing a claim, including their obligations, the obligations of the insurance company, and what they can expect to happen. A Miami insurance claim lawyer can be a valuable resource throughout this confusing process as they are able to assist the insured in recovering the compensation they are owed. Obligations of the Insured Persons and entities are required to comply with certain obligations pursuant to the terms of their policy and governing law. First and foremost, the insured is required to pay a premium to the insurance company for their coverage. Other key obligations include: Truthfully and completely answering all questions of the insurance provider prior to the issuance of the insurance policy Prompt notification to the insurer of the incident that gives rise to the claim Prompt notification to the insurer if they are sued or receive notification from another that a claim will be made Mitigate loss whenever reasonably possible (e.g., If the claim is based on a leaky pipe, the home or business owner should take reasonable steps to stop the leak) Cooperation with the insurance company as they conduct their investigation Truthfully responding to the questions and inquiries made by the insurance company Retaining a Miami insurance claim lawyer to assist with the obligation to respond to the insurance companies inquiries can be beneficial to the policyholder as it ensures the rights of the policyholder are protected throughout the process. What is Expected of […]

Mitigating Losses: Your Obligations Under The Law

Fri Jul 30th, 2021 on     Insurance Claims,    

Most people have heard of loss mitigation but do not understand what it is and how it affects them. In a nutshell, mitigating a loss means that when you suffer some sort of loss, you take appropriate steps to prevent that loss from becoming even greater. When you address mitigating a loss in terms of property insurance, this means that a policyholder has a responsibility under the terms of their insurance policy to take reasonable actions to prevent any additional losses after the initial event of loss occurs. Our Miami property insurance lawyer explains below.   Examples of How a Property Owner Can Mitigate Loss Below are some examples of property damage and the reasonable actions that the property owner should take to prevent additional damage.  Pipes Bursting: Should the pipes burst in a home or business, and the owner takes no reasonable steps to stop the water flow, they may not be able to collect from their insurance policy. A reasonable step could include shutting off the water line.  Roof Leaks: If a storm creates a hole in the roof and rain seeps in, reasonable actions to keep damages to a minimum may include placing a tarp over the hole as well as placing a bucket in the home or business to collect any water that seeps through.  Removal of Wet Items: If a property has been damaged by excessive water caused by a storm, a pipe leak, or other causes, the property owner should take appropriate and reasonable steps to […]

Insurance Issues: Talking To Your Insurance Company

Fri Jul 16th, 2021 on     Insurance Claims,    

Life is full of surprises and not all of them are pleasant, which is why many people depend upon their insurance policies to provide additional support when extra help is needed. Unfortunately, many insurance companies can make collection difficult at a time when the compensation is needed most. Because of this, there are things that policyholders should bear in mind when communicating with the insurance company’s representatives.  Our Miami Insurance Law Firm Shares The Do’s & Don’ts of Communicating With an Insurance Company Many policyholders are unclear on what they should and should not say when speaking with an insurance company representative. The following helps clarify this matter.  Things You Should Do Or Say When Communicating With An Insurance Company Keep a written log of all communication you have with any representative from the insurance company, including who you spoke with, the date and time of the conversation, and what was said. Make sure that any mailed document is sent via certified mail so that you retain proof of mailing. It can also be a good idea to require that the document be signed for when it is delivered so you have proof that it was received by the insurance company.  Maintain a polite and professional tone in all communications. Acting in a confrontational or threatening manner will only serve to hinder your progress. Stick to the facts of what happened without embellishment. Insurance company representatives seek a way to reduce the amount they are responsible for paying. By saying […]

5 Reasons Behind an Auto Insurer’s Claim Denial

Wed Jun 30th, 2021 on     Insurance Claims,    

Let Our Miami Insurance Claim Lawyer Help If you’ve been injured in a car accident and are in the process of submitting a damage claim to your auto insurance company, then you may be concerned that the insurer will deny your claim for some reason or another — this is a reasonable concern. Most insurers will look for any justification to deny coverage, even if they have to scrape the bottom of the barrel for arguments supporting the denial.  After all, insurers maximize their profit by denying legitimate claims.  When policyholders fail to pursue those claims and resign themselves to the decision-making of the insurer, then the insurer secures a profit that they would otherwise have lost. Here at Ver Ploeg & Marino, P.A., our team of experienced attorneys has worked with countless policyholders in Miami and throughout the state of Florida, helping them challenge insurance denials and obtain the damages they need to make a full recovery.  Contact us today to schedule a consultation with a Miami insurance claim lawyer at our firm. For now, let’s briefly explore five reasons that auto insurers use to deny a policyholder’s claim. Incorrect Insurance Information Insurers are entitled to deny a claim — even a legitimate one — if the policyholder included incorrect information in their original insurance application (so long as that information is relevant).  This is applicable due to the fact that the insurer could have rejected the application for insurance coverage to begin with, had they known the “correct” […]

Common Cyber Liability Insurance Claim Issues

Wed Jun 16th, 2021 on     Insurance Claims,    

Choose an Experienced Miami Insurance Law Firm In today’s digital-centric economy, the threat of disruptive cyberattacks and data breaches has become increasingly dangerous — and common.  On a regular basis, company websites, databases, and networks have been hacked by third parties, and for a wide variety of reasons: to “ransom” the data, to frustrate/punish the company, or even simply for the challenge of it. These cyberattacks can cause lasting damage to businesses that are unprepared.  Without insurance, the business may not be able to defend itself and cover the losses suffered by its customers.  It may also not have the funds necessary to cover its own business interruption losses, to investigate and correct the “hack,” and to repair its public image.  As such, it’s critical that digital-oriented businesses obtain comprehensive cyber liability coverage. Unfortunately, simply having cyber liability coverage is not a guarantee that the insurance company will payout or stand in to defend you in the event of a third-party lawsuit.  As with other insurance disputes, the insurer will do whatever it can to redefine the issues so as to avoid liability (i.e., by arguing that an exclusion applies). If you’ve been subjected to a cyberattack, we encourage you to contact Ver Ploeg & Marino, P.A. for further assistance — we are an experienced Miami insurance law firm, with a deep understanding of how best to navigate such disputes. For now, let’s briefly explore some common cyber liability insurance claim issues. First-Party vs. Third-Party Claims Cyber liability claims can […]

Five Ways Insurers Act in Bad Faith

Fri May 28th, 2021 on     Bad Faith Insurance,    

Speak With a Miami Insurance Claim Lawyer Today We understand that it can be endlessly frustrating to find yourself in a situation where you have a legitimate insurance claim, but cannot get paid out for the damages.  When insurers act in bad faith, they are exposing you to financial vulnerability in the hopes that they can simply improve their “bottom line.”  It’s your right to challenge the insurer and get the damages payout that you deserve. Ver Ploeg & Marino, P.A. is a Miami-based insurance litigation firm, committed to providing client-oriented legal representation.  We pride ourselves on our ability to secure favorable outcomes for our clients at every phase of a dispute. Over the years, our team has developed a reputation in the industry as thorough advocates who will stop at nothing to achieve our client’s objectives.  We have a “trial-ready” approach, and although we aim to secure a result through settlement, where the insurer is hostile, we are ready and willing to take a case to trial. If you’d like to speak to a seasoned Miami insurance claim lawyer about your dispute, we encourage you to contact us to schedule a consultation at your earliest convenience. Fortunately for Florida policyholders, when insurers act in bad faith, courts are empowered to not only award you compensatory damages but may also award punitive damages, which can multiply your recovery amount and lead to enormous wins. Exciting, right? Let’s take a closer look at five ways in which insurers act in bad […]

Challenging Your Home Insurance Settlement or Denial

Fri May 14th, 2021 on     Homeowners Insurance,    

Hire an Experienced Miami Insurance Claim Lawyer  If you’ve sustained damage to your home and have submitted a claim to your insurer, you may be surprised to discover that your insurer is taking a “hostile” position towards this legitimate claim. Insurers — particularly home insurers — often market themselves as friendly allies who will step up to support you in the worst of circumstances.  In truth, however, they are incentivized to undercut your claims, and potentially even deny your legitimate claims, to the degree that the facts allow them to do so. If your insurer has denied your home insurance claim or has undercut your claim (by valuing the damages much lower than the claimed amount), then you could be put in a rather vulnerable financial position.  It’s important to understand your rights and how best to navigate such a dispute. Here at Ver Ploeg & Marino, P.A., we encourage you to get in touch with an experienced Miami insurance claim lawyer at our firm for guidance on how to proceed.  We will identify strategic options and work with you to secure the damages to which you’re entitled. For now, however, let’s take a closer look at home insurance denials and settlements. Common Justifications for Denial Insurers will often outright deny legitimate home insurance claims so long as there is some factual basis (even if that factual basis is vague and weak) to do so.  Some common justifications for denying a home insurance claim include, but are not limited to: […]

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