Property Claims

Miami Property Insurance Dispute Attorneys

Florida law states that insurance companies must act ethically and in good faith when dealing with customers. But, this isn’t always the case. If you feel that your insurance company has wrongfully delayed or denied your property claim, or otherwise acted in bad faith, you can seek help from the insurance dispute attorneys at Baron, Herskowitz, and Cohen. We represent individuals in Miami and throughout the state of Florida and would be happy to assist you.


Florida Law

The Florida Office of the Insurance Consumer Advocate published a summary notice advising consumers of their rights under Florida insurance laws and state agency rules. The Florida Consumers’ Notice of Rights, Residential Property Insurance applies to owners of:

  • Condominium units
  • Renters of residential property who buy property insurance

The notice is clearly written and provides useful information to owners of any of the above when buying insurance or when having to deal with claims. It should be particularly helpful to owners who file claims charging their insurance companies with acting in bad faith.

The summary tells readers that the information provided does not mention some exceptions to owners’ rights. The information can be confusing and overwhelming. If you are having issues with a property claim, you can seek help from a qualified attorney at Baron, Herskowitz, and Cohen in Miami. Our insurance dispute lawyers are highly familiar with Florida law and can help you get the money you are owed.


Insurance Policies

Florida law states the rights of those purchasing insurance. The law says that insurance consumers have the right to:

  • Be able to compare pricing of various insurers to determine which offers the best value for their particular situation
  • Buy comprehensive coverage
  • Be able to understand accurate and balanced information through insurers’ advertising and marketing
  • Deal with an insurance company that is financially stable
  • Work with an insurance agent who is honest and competent
  • A policy that is readable
  • Use the services of a company that provides an economic provision of coverage and tries to prevent losses
  • Regulation by the Florida Department of Financial Services, Financial Services Commission, and the Office of Insurance Regulation that is balanced

What Can an Insurer Not Do?

The following examples are short summaries of the law and do not provide complete information. For your best, safest understanding of the law, contact the attorneys at Baron, Herskowitz, and Cohen. Here are just a few summaries:

  • An insurance company cannot refuse to insure someone, to renew their coverage, or to make any other decision contrary to the consumer’s best interest based solely on a consumer’s credit score.
  • An insurance company cannot refuse to provide insurance based only on the age of the structure. As in the case of a hurricane, for example, the insurer must take into account modifications of the property to protect it from such damage.
  • If an insurer refuses to insure your structure, cancels your coverage, or will not renew your policy, the company must explain the specific reasons for refusing to provide the insurance.

In addition to the examples above, the statute covers in detail many more of your rights regarding insuring property, including your rights to be covered, deductibles, replacement cost value of the property, options for paying premiums, cancellation or refusal to renew insurance, and laws regarding insurance when there is a declaration of a state of emergency due to disasters such as a hurricane, tornado or wildfire.

A section of the statute is devoted to the consumer’s rights regarding claims, such as the insurer’s obligation to act ethically and in good faith or the consumer’s right to request assistance or to file a complaint.

Talk to a Property Claims Lawyer Today

Insurance laws are complex and some insurance companies do not treat their clients ethically. If you think your claims have been unfairly denied, it is important to contact a lawyer who is highly knowledgeable of insurance claims law. The attorneys at Baron, Herskowitz, and Cohen have years of experience helping their clients be treated fairly by the insurer. To speak with an attorney about your situation, please call our office today.


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