Homeowners’ and Business Insurance Litigation
We represent clients who have had insurance claims resulting from natural disasters, fires, windstorms, hurricanes, floods, vandalism, burglary, and the like. An attorney with experience in property and casualty/flood insurance litigation is an invaluable tool to obtain maximum recovery. Legal expertise is required to properly analyze and pursue claims under the various types of coverage available to insured parties.
Militzok & Associates has the experience and experts needed to handle claims for property damages, loss of use, business interruption and related coverage. Our Firm is dedicated to protecting the rights of the homeowner and business to receive their insurance benefits at a time of loss. In all of these cases, time is of the essence, so acting quickly to timely file the claim, with proper proof of loss documentation is critical. That is where the experience of Militzok & Associates and the experts we engage become most helpful to claimants. To learn more about representation by Militzok & Associates in the event of a insurance claim, please contact us today.
Insurance companies are required to live up to the terms of their policies. When insurance companies fail to pay valid claims, they have breached their contracts and may also be acting in bad faith. This can occur with all types of insurance, including auto, homeowners, life, heath, and disability. Florida law allows the policy holder to recover attorneys fees and costs against their insurance company should they prevail separate and apart from the claim itself. For this reason, we are able to represent our clients on a contingency basis, no matter how large or small the claim may be.
Bad Faith Insurance Litigation
Through bad faith insurance litigation, consumers who have been wrongly denied benefits from a legitimate insurance claim may seek compensation from the wrongful insurance company. Bad faith insurance litigation is an option for any insurance policyholder who has been unfairly denied benefits that are covered under their insurance policy. In recent years, bad faith insurance litigation has increased on par with the proliferation of bad faith insurance dealings committed by seemingly reputable insurance companies.
Many types of insurers are notorious for banefully denying policyholders benefits sought through legitimate claims. Legally, insurance companies have a fiduciary duty to conduct all dealings with policy holders in accordance with good faith and fair dealing principles. This means that insurers have a duty to look for ways to pay benefits to policyholders, rather than to look for ways to deny them.
There are many ways that an insurer will act in bad faith in order to deny legitimate policyholder claims. Insurers may demand exhaustive and unreasonable documentation from a policyholder, may claim to have lost or never received pertinent information, declare that information was not received in a timely manner, may assert that a valid claim is not covered, or provide any number of other excuses to wrongfully deny legitimate claims. Other times insurers underpay claims based on low-ball insurance company estimates.
Insurance companies who fail to act in good faith are in breach of contract, an offense that gives actionable cause for bad faith insurance litigation. When an insurance company has acted in bad faith, the insured has the legal right to seek compensation for their damages through bad faith insurance litigation. When the legal decision rendered through bad faith insurance litigation favors the plaintiff, compensatory and/or punitive damages may be awarded. To pursue bad faith insurance litigation which will elicit the most favorable outcome, aggrieved consumers require the professional services of a qualified and experienced attorney who can protect and maximize their legal interests.