Frequently Asked Questions
Q. Do you take cases on a contingency basis?
This does not mean that we take any case, or take all cases, on a contingency basis. But if, after a free consultation, we believe that your case has merit and is appropriate for a contingency arrangement, then our attorney’s fees and costs will be paid at the close of the case if there is a recovery. Please see the Florida Bar Statement of Client’s Rights for more information on attorney employment under a contingency fee agreement.
Q. Do I have the right to challenge an insurance company’s denial of my claim?
Q. Can a Florida insurance company be held responsible for the attorney’s fees and costs of a policyholder when the insurance company denies a valid claim?
A. Yes. Under Florida law, an insurance company must pay the attorney’s fees and costs of an insured who prevails against their own insurance company to obtain coverage. The purpose of the law is to encourage insurance companies to pay valid claims and, if it does not, to compensate insureds who must hire an attorney to enforce their rights under insurance contracts.
The public policy behind the Florida statute is to place an insured in the place she would have been if the insurer had seasonably paid the claim or benefits without causing the insured to engage counsel and incur obligations for attorney fees.
—Florida Supreme Court. Lewis v. Universal Property and Cas. Ins. Co., 13 So.3d 1079
Q. Can an insurance company cancel my insurance for making a claim?
Q. Why do I need an attorney for an insurance claim?
A. Obviously, you would need an attorney to go to court to dispute a wrongful denial of the claim or to dispute a bad result of the claim. (There’s an old saying, “a person who represents himself in court has a fool for a client.”) So the more important question is why you, a policyholder and customer of the insurance company, should have an attorney during the pendency of a claim, before the claim has been finalized? Doesn’t an insurance company have my best interest in mind? The answer, unfortunately, is that in many instances it does not. There are many pitfalls in the claims process. Visit CLAIMS PROCESS for further reading.