News & Resources

If you are covered by an employee benefit plan (life insurance, pension, health, retirement benefits, etc.), and you work for a private industry employer, then in all likelihood, your plan is governed by ERISA regulation.  ERISA can have important ramifications for your insurance claims and the process by which you can seek proper recourse in the event that your claims are wrongfully denied. What is ERISA? The Employee Retirement Income Security Act (ERISA) was enacted […]

In Florida, insurers owe their policyholders a duty of good faith to refrain from acting on exclusively on the basis of their own self-interest in handling a claim and in their decision-making surrounding a settlement.  The insurer is required by Florida law to handle claims brought against their policyholders with the degree of care and diligence that would have been exercised by a reasonably prudent person in managing their own business. If you are a […]

Whether you are injured in an accident in which there is an at-fault third-party and are attempting to recover damages through the third-party’s liability insurance, or whether you’re making a first-party claim with your own health insurer, the presence of a pre-existing condition could complicate recovery somewhat. Injury Must Be Distinct or Aggravated In Florida, you may recover for injuries that are either distinct from a pre-existing injury, or that have simply aggravated a pre-existing […]

Most people — and especially in Florida, where tropical storms and hurricanes are a regular threat — purchase home insurance under the assumption that their insurer will make reasonable attempts to compensate them when something goes wrong and they suffer property damage.  The unfortunate reality, however, is that insurers (even in the homeowner insurance context) are in the business of minimizing their claim payouts.  If you’ve suffered property losses to your home, you may find […]

In Florida, as is the case in other states, disability benefits may be denied for a number of different reasons.  Insurers often act wrongfully when denying benefits, however.  If you believe that you have legitimate reason to challenge the denial of your benefits, you may appeal the denial and — having exhausted the administrative process — you may even bring a lawsuit against your insurer for wrongful denial. On what basis do insurers justify the […]