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Category: FAQs

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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 […]

Unique Health Insurance Coverage Issues

Fri Jan 31st, 2020 on     FAQs,    

Experienced Miami Health Insurance Lawyer   In the healthcare context, the insured are often surprised by the denial of their claims, and perhaps not unreasonably — when signing up for coverage, prospective policyholders are often sold an “ideal” of comprehensive coverage.  In essence, they are made to feel safe and secure.  The truth is substantially more complicated. Insurance companies will use any available justification to deny a claim.  This is particularly exacerbated in healthcare situations where the insured is seeking out alternative care, or even experimental care. We can help you secure the benefits you’re owed. Ver Ploeg & Marino, P.A. is a Miami-based insurance litigation firm with decades of experience representing the interests of policyholders, and in a variety of disputes — including those that center around healthcare claim denials.  We are a practical, detail-oriented firm that is relentless in securing a favorable result.  Over the years, we have obtained numerous multimillion dollar verdicts and settlements on behalf of clients. Unlike many of our insurance litigation competitors, we have spent a significant amount of time in the courtroom, navigating the hostile battlefield that characterizes a traditional lawsuit. As such, we have the reputation necessary to put pressure on insurance companies to resolve the dispute early (and in a manner that is satisfactory to our client).  Insurers understand that if they do not demonstrate good faith in attempting to resolve the dispute painlessly, then we have the willingness and ability to challenge them in the courtroom. Ready to speak to […]

Insurance Broker Malpractice FAQs

Fri Jan 17th, 2020 on     FAQs,    

Work With a Skilled Miami Insurance Litigation Lawyer   Insurance claim denials often come as a surprise to policyholders who were led to believe that their coverage is more comprehensive than it is in reality.  In fact, this is not an uncommon scenario — an insurance policyholder is attempting to secure benefits on a claim when they discover that some exclusion (or other provision) in the insurance plan prevents recovery.  If the policyholder obtained such coverage through an insurance agent or broker who misled them somehow, whether through an incorrect disclosure or through a failure to disclose certain information, then an actionable claim may arise under the law. As a policyholder — lacking a detailed understanding of the various plan offerings and how they differ from one another — it can be frustrating to put your trust into an insurance broker or agent, only to discover that they were negligent in their responsibilities, or worse, that they intentionally misrepresented information so as to induce you into signing up for an insurance plan. This informational asymmetry — whether created by mere negligence or out of an intentional desire to defraud the policyholder — happens a lot more often than the public may realize.  In the event that you find yourself having been taken advantage of by an insurance broker, it’s important to understand that you are not without legal options.  Florida law protects policyholders who have suffered losses (i.e., claim denial) due to the misconduct of an insurance broker or agent. […]

What Does Directors and Officers Liability Insurance Cover?

Fri May 24th, 2019 on     FAQs,    

Directors and officers liability insurance, often referred to as “D&O” insurance, is designed to protect the personal assets of the company’s leaders and comes into play if they are personally sued for actions taken on behalf of the company.  As Miami insurance law attorneys, we are experienced in representing our clients in Directors and Officers Liability Insurance Disputes.  Company leaders can be sued for a variety of reasons ranging from allegations of financial mismanagement to negligent business decisions, and are frequent targets when shareholders, customers, vendors, suppliers, employees, creditors and other parties are displeased with the company’s actions. Individual Director and Officer Coverage and Corporate Entity Coverage A typical D&O policy includes several elements (referred to as “sides”).  Side A protects a corporation’s directors and officers for loss arising from claims against them when the company cannot indemnify them.  Side B reimburses the company when it indemnifies the individuals.  Side C, also known as “entity coverage,” eliminates disputes over coverage allocation when both the directors and officers and the insured organization are named as co-defendants in a securities lawsuit. Claims That May Target Company Leadership Business leaders can be held responsible for a company’s failure to comply with regulations and to provide a safe and secure workplace.  Additionally, if a company is found liable for losses because of operational failure and mismanagement, directors and officers may be exposed to liability as well.  Types of claims include: Shareholder suits over company or stock performance; Creditor or investor suits over mismanagement or […]

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