Jason A. Herman - Insurance Claim Attorney
When people ask what type of law I practice, I tell them that I sue insurance companies. And much of my practice does involve suing insurance companies on behalf of individuals and businesses who have had their insurance claims denied, delayed or underpaid.
Another part of my job is helping clients understand their insurance policies, setting out their options for fighting the claim decision, and explaining what they can expect to happen during and at the end of the fight with the insurance company. This involves applying the insurance law to the unique facts and policy language for each policyholder. I also draw on the experiences I’ve had with similar cases I’ve encountered over my career as an insurance attorney.
Since becoming a lawyer, I have always practiced in the area of insurance law. Throughout that time, I've provided clients with legal advice about insurance policy interpretation, decisions about insurance claims, and I’ve helped clients determine whether insurance claim decisions were right or wrong. Many of my cases are referred to me by other attorneys that have litigated against me or come to me with their own insurance questions.
I represent clients during the claim process and during any litigation that arises from the insurance claim.
Insurance Claim Attorney
Unfortunately, insurance claims often become adversarial in their early stages. Some claims begin with a reservation of rights letter from the insurance company, reserving the right to deny the claim before it has even been investigated. At times, insurance companies will make overly broad and time-consuming requests for documents, information, and statements from policyholders.
I represent clients throughout the claim process. I help clients prepare for Examinations Under Oath and represent them during the Examination itself. I guide clients through the claim investigation process and take over dealing with the insurance company and its adjusters, including responding to any requests for documents. When the “insurance claim investigation” has gone too far, I work to define the line between reasonable investigation and unreasonable probing, harassment, and abuse.
I’m often involved in cases after an insurer sends a reservation of rights letter or gives an insured other clues that it might deny the insurance claim. When I become involved in an insurance claim, my goal is to maximize the chances that the insurance company will accept insurance coverage for the claim and pay the correct amount.
Insurance Claim Lawsuits
Sometimes the only option is litigation. I represent policyholders when they are not satisfied with the claim process—it’s moving too slowly, the insurance company is refusing to provide insurance coverage, or the insurance company has valued the claim below its fair value. I represent clients in lawsuits, declaratory judgment actions, court proceedings, mediations, trials and appeals before judges throughout Florida and Georgia.
In some cases, insurance companies sue their own insureds and ask the court to declare that the policy does not provide insurance coverage for the claim. I handle those cases too.
I’ve also litigated bad faith cases.
Types of Insurance Experience
I have worked cases involving virtually every type of insurance policy: commercial property insurance, homeowners insurance, commercial general liability, commercial automobile insurance, professional liability insurance, uninsured and underinsured motorist insurance, errors and omissions insurance, and life insurance.
If you need help with an insurance issue, please give me a call on my direct number (727) 821-3195. Or, you can e-mail me or contact me through our website.
Admitted to practice in:
- Florida (state & federal)
- Georgia (state & federal)
- U.S. Court of Appeals for the Eleventh Circuit
- Emory University School of Law, J.D., 2004
- University of Florida, B.A., in English, 2001
- Since 2010, recognized every year as a Rising Star by Florida Super Lawyers, a select group of lawyers under the age of 40 comprised of only the top 2.5% of lawyers practicing in Florida.
- William Reece Smith, Jr. Litigation American Inn of Court, Barrister.