Experienced Insurance Dispute Attorneys in Boca Raton
You pay your insurance premiums expecting your insurer to be there when you need them most. Unfortunately, insurance companies are in the business of minimizing payouts and maximizing profits. When an insurance company wrongfully denies your claim, delays payment, or offers far less than your claim is worth, you need experienced attorneys who know how to fight back.
At ROSELLI & McNELIS, our attorneys have the knowledge and experience to successfully represent clients in insurance disputes against even the largest insurance companies. We understand the complex tactics insurers use to avoid paying legitimate claims, and we have the courtroom experience to take your case to trial if necessary. Our aggressive approach sends a clear message to insurance companies: pay what you owe, or face us in court.
Types of Insurance Disputes We Handle
Our attorneys represent policyholders in a wide range of insurance disputes, including:
- Denied Claims: When your insurance company refuses to pay a valid claim, citing policy exclusions, technicalities, or alleged misrepresentations on your application.
- Underpaid Claims: When the insurer offers a settlement amount far below the true value of your losses, forcing you to absorb costs that should be covered.
- Delayed Claims: When the insurance company uses unreasonable delays in investigating, processing, or paying your claim in hopes that you will give up or accept less.
- Bad Faith Insurance Practices: When an insurer acts in bad faith by failing to properly investigate your claim, misrepresenting policy terms, or engaging in deceptive practices.
- Uninsured/Underinsured Motorist Claims: Disputes with your own insurance company over UM/UIM coverage after an accident with an inadequately insured driver.
- Property Insurance Disputes: Homeowner and commercial property claims involving hurricane damage, water damage, fire damage, and theft that insurers refuse to fully cover.
Understanding Bad Faith Insurance in Florida
Florida law requires insurance companies to act in good faith when handling claims. Bad faith occurs when an insurer fails to settle a claim fairly and promptly without a legitimate reason. Common examples of bad faith include:
- Failing to Investigate: Not conducting a thorough and timely investigation of your claim before making a coverage decision.
- Misrepresenting Policy Terms: Telling you that certain damages are not covered when they actually are under your policy.
- Lowball Offers: Making settlement offers that are unreasonably low compared to the documented value of your claim.
- Unreasonable Delays: Taking an excessive amount of time to process, investigate, or pay a legitimate claim without justification.
- Threatening or Intimidating Policyholders: Using pressure tactics to force you to accept an unfair settlement or withdraw your claim.
The Insurance Dispute Process
When you hire Roselli & McNelis to handle your insurance dispute, we take a systematic approach to achieving the best possible outcome:
- Thorough Policy Review: We carefully analyze your insurance policy to identify all coverage that applies to your claim and any provisions the insurer may be misinterpreting.
- Claim Documentation: We compile comprehensive evidence supporting the full value of your claim, including expert assessments, medical records, repair estimates, and financial records.
- Demand and Negotiation: We submit a detailed demand to the insurance company and negotiate aggressively on your behalf to obtain a fair settlement.
- Litigation: If the insurer refuses to offer fair compensation, we are prepared to take your case to court. Our trial-ready reputation often motivates insurers to settle before trial.
- Bad Faith Claims: When an insurer acts in bad faith, we pursue additional damages including consequential damages, attorney fees, and potentially punitive damages.
Compensation in Insurance Dispute Cases
Depending on the nature of your dispute, you may be entitled to recover:
- Full Policy Benefits: The complete amount owed under your insurance policy for covered losses.
- Consequential Damages: Additional losses you suffered as a result of the insurer's failure to pay, such as additional medical expenses, property deterioration, or lost income.
- Attorney Fees and Costs: In many insurance disputes, Florida law allows the policyholder to recover attorney fees from the insurer.
- Bad Faith Damages: If the insurer acted in bad faith, you may recover damages beyond the policy limits, including emotional distress and punitive damages.
- Interest: Prejudgment interest on the amount owed from the date the claim should have been paid.
Frequently Asked Questions
Do not accept the denial as final. Request a written explanation of the denial, including the specific policy provisions cited. Do not sign any releases or accept alternative offers without consulting an attorney. Gather all documentation related to your claim, including your policy, correspondence with the insurer, photos, receipts, and medical records. Contact our attorneys for a free consultation to evaluate your options and develop a strategy to challenge the denial.
Bad faith insurance occurs when an insurance company fails to fulfill its obligations to a policyholder without a legitimate reason. Warning signs include unreasonable delays in processing your claim, failure to conduct a proper investigation, offering a settlement far below the documented value of your claim, misrepresenting what your policy covers, and threatening to cancel your policy if you pursue a claim. If you suspect bad faith, document all interactions with your insurer and contact an attorney immediately.
Under Florida law, insurance companies must acknowledge receipt of a claim within 14 days, begin investigating within 10 days, and make a decision within 90 days of receiving the claim. If the insurer fails to pay or deny the claim within these timeframes without a legitimate reason, it may be acting in bad faith. Our attorneys can evaluate whether your insurer has violated these requirements and pursue appropriate legal action on your behalf.