You may not know it, but if you have a Florida homeowner insurance policy, you have certain rights, as defined by the Florida Office of Insurance Regulation. The FLOIR Bill of Rights sets forth a timeline for the claims process, as well as certain services you are entitled to. The Bill of Rights also contains useful advice for claimants. As a Miami Insurance law firm dedicated to representing the interests of policyholders, we are familiar […]
There are many different types of insurance coverage available to small business owners. Knowing what you need will depend on many factors, including the type of services or goods you provide, where your business is located, its corporate structure, and the applicable state laws. As Miami Insurance Coverage Lawyers, we can help you navigate the many options, as well as evaluate whether your current coverage is adequate. First, here’s a summary of the most common […]
A Commercial General Liability (CGL) policy protects your business from financial loss stemming from injuries or property damage caused by your operations (or products) or personal injuries to third parties that occur on the company’s premises. It covers non-professional negligent acts, while professional negligent acts (such as malpractice) are covered under a Professional Liability policy. In addition, injuries to employees on company property are covered by workers’ compensation, not the CGL policy. When issuing general […]
Miami Insurance Law Firm Liability insurance coverage is purchased to avoid the significant risks associated with a lawsuit, but insurance coverage does not always work out in a way that the policyholder might expect. Insurers maximize their profits by minimizing their time investment and other costs. It should therefore come as no surprise that liability insurers frequently deny coverage and skirt their plan-based responsibilities. This can put the policyholder in an incredibly vulnerable position, particularly […]
Miami Insurance Law Firm If you’re being sued by a third-party due to them having suffered injuries in an accident that could implicate your commercial general liability (CGL) insurance coverage, then you may find yourself facing new and unexpected challenges. Insurers have a tendency to deny claims when they can just barely justify doing so, even if they are making bold and unsupported assumptions. In the CGL insurance context, this often happens with regard to […]
If you’re experiencing issues with regard to making an insurance claim, then you might be wondering about the liability of the insurance agent who marketed and brokered the contract in the first place. In the event that you were misled or otherwise misinformed by your insurance agent, Florida law may entitle you to bring an action against them for damages as compensation for your losses. Under certain (limited) circumstances, a failure to advise you as […]
If you have had your insurance benefits claim denied or otherwise mishandled by your insurance company, then you’re entitled to challenge the adverse determination made by your insurer under Florida (and federal) law. It’s important to note, however, that the procedures and limitations applicable to your case will be somewhat different than the “standard” if your insurance benefits policy is ERISA-governed. The Employment Retirement Income Security Act (ERISA) is a federal regulatory scheme that establishes […]
Whether you’re a policyholder in a health, disability, or property insurance plan, it’s possible that you will encounter — or have already encountered — some blowback when it comes time to submit a claim for benefits. Insurers are fundamentally incentivized to deny, undervalue, or otherwise mishandle claims so that they can minimize their own costs. This is particularly true in situations where an important coverage-related provision of the contract is ambiguous and therefore open to […]
If you have had your insurance benefits claim — disability, health, property, etc. — denied or otherwise subject to an adverse determination, then you are entitled by law to challenge the insurer’s determination. Generally speaking, your plan will determine many of the protections and limitations relevant to your benefits claim (and any subsequent challenge). Policies that are ERISA-governed, for example, require that the claimant first exhaust their administrative remedies — by going through an internal […]
Though Florida employers are well aware of the standard discrimination and retaliation prohibitions that restrict their ability to discharge and otherwise punish employees for their actions — such as reporting discrimination in the workplace — there continues to be something of a blind spot when it comes to the exercise of ERISA-related rights. Those who exercise their ERISA-related rights may therefore find themselves subject to unexpected retaliatory action, despite the fact that it is prohibited […]
