When something goes wrong, you may want to take legal action against those who are responsible. But what if the at-fault party is your home insurance provider? Take it from us, you can certainly sue your homeowners insurance company in Florida. The real question is should you?
This blog post will discuss what this process entails, how experienced insurance dispute attorneys can help, and the types of situations in which filing a lawsuit against your Florida homeowners insurance company makes sense and when it doesn’t.
The Cliff Notes: Key Takeaways From This Post
- 1As a policyholder in Florida, you have the right to expect your homeowners insurance company to fulfill its contractual obligations.
- 2If they fail to do so, you may be able to sue them and pursue economic and non-economic damages.
- 3You can start the appeals process by submitting a written request for reconsideration or an internal review.
- 4If you decide to sue your insurance company, it is important to consider any risks associated with legal action and seek advice from a qualified attorney.
- 5If you are unable to afford the costs of a lawsuit, a contingency fee agreement may be an option.
- 6At Herman & Wells, we specialize in providing legal services related to homeowners insurance claims and disputes in Florida. Contact us today for more information!
Grounds For Suing Your Homeowners Insurance Company In Florida
In Florida, you may be able to sue your homeowners insurance company if they are found to have breached their contract with you. This means that the insurance company has failed to provide the services or protection that was promised in your policy. If it is determined that there was a breach of contract, then you can file for damages as compensation. Additionally, if your provider has acted in bad faith or has discriminated against you based on certain protected characteristics, then this could also constitute grounds for a lawsuit.
The Process Of Suing Your Homeowners Insurance Company In Florida
It is often a difficult decision to sue your homeowners insurance company, especially if you live in Florida. This is because of the unique laws and regulations that govern how insurers do business in the State. In order to ensure that you are doing what’s best for yourself and your family, it is important to closely consider all of your options before taking legal action.
The first thing to do is to exhaust all available resources, such as filing a complaint with the Department of Insurance or engaging in arbitration with your insurance company. If these options fail and you’ve determined that suing your insurance company is the best course of action, here are the steps you’ll need to take:
1. Locate An Insurance Dispute Attorney
Locate a lawyer who is licensed to practice in Florida and specializes in homeowners insurance matters. Working with an experienced attorney can help you better understand the process, assess your chances of success, and provide legal advice.
2. Gather Evidence
Gather evidence related to your claim and create a timeline of events leading up to your dispute with the insurer. Make sure all relevant paperwork is organized and easily accessible.
3. Properly Prepare A Complaint
Prepare a complaint that outlines your case against the insurance company and includes any evidence you have to support it. Make sure to include all relevant dates, facts, and legal issues in your complaint so the court can make an informed decision.
4. File Your Complaint
File your complaint with the appropriate Florida court system and pay all associated filing fees. You may also need to serve the insurance company with notice of the lawsuit in addition to filing it.
5. Prepare For Litigation
Prepare for litigation by gathering any additional evidence that could support your case and participating in mediation or arbitration if requested by the court. Your attorney will be able to handle all of these steps on your behalf and help you develop a sound legal strategy.