Help! My Homeowner’s Insurance Claim Was Denied!

Insurance companies are, of course, in business to make money. Most people accept that fact.  However, it is not acceptable when insurance companies use legal jargon, or outright deception to deny or underpay your claim. The company hopes you will accept their explanation, and go away quietly. Nevertheless, many persons do not know that the companies have systems in place, which use preprogrammed, routine letters or emails not only to deny your claim but make unearned, extra profit. If your insurance company has totally or partially denied your insurance claim, The Law Offices of Rand Saltsgaver, LLC is here to help you. We have handled thousands of Florida insurance claims over the last four decades, including trials and appeals in numerous courts. Mr. Saltsgaver has also been a guest speaker at continuing legal education seminars on the topics of insurance law and claims and written materials which were subsequently copyrighted and published, on those matters as well.

Readers should note that there are Florida laws that protect policyholders when insurance carriers wrongfully deny claims. Those laws exist because legislators have recognized that insurance companies, upon occasion, use deception or unfounded excuses to avoid payment of perfectly legitimately claims.  The Law Offices of Rand Saltsgaver, LLC understands those statutes, and how to use them in order to be of assistance to his clients.

Insurance companies use various reasons to keep from paying your claim. Many are not legitimate. Common excuses they use include:

Errors on your Insurance Application: They will say that you made misrepresentations or false statements on your insurance application. Thus, they’ll assert it’s your fault that your claim has been denied.  However, those applications are often confusing, or difficult to understand, which is not your fault. The fault lies with the company, and it should pay that claim.

Lack of Coverage: They’ll sometimes say that your claim is denied because your policy doesn’t cover the specific item that was damaged.

Errors in Submitting Your Claim: An insurance adjuster will tell you that you need to file the claim properly before they will consider it.

Missed The Deadline to File the Claim: Your insurance company will claim you missed a deadline for giving them documents or information or failed to comply with their procedures in submitting your claim. Accordingly, they are no longer liable for the damage or loss.

The Damage is Due to Normal Wear and Tear: Insurance companies will claim that the damage was caused by something wearing out over time, and the loss was not due to a specific event, such as a hurricane, water leak, lightning, and so forth.

Will You Sue the Insurance Company?

Insurance companies have a legal obligation to pay your covered claim. They must honor the terms and conditions of your policy. If the company fails or refuses to do so, it has been the experience at the Law Offices of Rand Saltsgaver, LLC  that you will only way be paid is by taking the company to court. Your insurance policy is a legal contract, and if they refuse to pay, they have breached that contract and can be held responsible for their actions. Part of that contract requires payment to your lawyers for their services if they are successful in representing you.

There are steps you can take, to help build your case, in the event, it becomes necessary to hire a lawyer and take the company to court.  First of all, keep a journal with detailed records. Document all telephone calls – date, time, who you spoke to, and what was said by the other person, and you. Keep all email and text messages from any representatives of the insurance company. The insurance company might be recording your conversation, so give them accurate information, but its not necessary to volunteer something unless they ask for it. Most importantly, you are NOT required to give information, recorded statements, or documents to any insurance company other than your company. Further, insurance companies can and do use surveillance video, in order to cast doubt on the merits of your homeowners, disability, or health insurance claim. Keep photographs that show the damage to your property immediately after the event causing the loss, as well as receipts/invoices which relate to your loss.

If your company simply won’t pay your claim, hire an attorney with the experience and skill necessary to take them to court and win! The Law Offices of Rand Saltsgaver, LLC has been doing so for some 40 years! Call us today. The first conference is free, and best of all, we do not seek payment for our services from you. Instead, we make the insurance company pay them.