Insurance Claims FAQs

You take out insurance to protect your most valuable assets, but sometimes you don’t know what to do after a loss or the claims process does not go as expected. This section answers the most common questions we receive about insurance claims in Florida.

Q. Who do we represent?

A. We represent Florida insurance policyholders in “first-party” insurance claims. A first-party insurance claim is asserted by a policyholder against their insurance company. This usually arises when a policyholder makes a claim for loss and the claim is improperly denied or underpaid by the insurance company.

Q. What should I do after a loss?

A. An insurance policy has various conditions that an insured has to meet when filing a claim. It is important that you meet those conditions in order to receive payment. The first condition is usually to give prompt notice of the loss. Secondly, you want to cooperate with the investigation of the loss. The third general condition is to provide a sworn proof of loss within the time period required by the policy. If an insurance company is asking for compliance with a policy condition and you are unsure of what to do, contact an attorney at our office for a free initial consultation.

Q. When is the insurance company going to issue my payment?

A. If you suffer a loss, the last thing that you want to worry about is when the payment is going to be issued. In Florida, insurance companies have 90 days from the day that the loss is reported to issue a payment. Moreover, insurance companies can extend those 90 days if you have not complied with your policy conditions. If your insurance company is delaying payment, contact our office for a free initial consultation.

Q. My insurance company did not pay enough. What are my options?

A. Once an insurance company issues a payment, there are several options available if you feel the amount was insufficient.

  • One option is to go to mediation through the state of Florida. Some policies make this a requirement before further steps can be taken.
  • Another option is to go to appraisal. The appraisal is an extrajudicial remedy that allows you and the insurance company to hire your own appraiser and for the appraisers to select an umpire to resolve the dispute. However, not all cases are candidates for appraisal.
  • Lastly, an insured can file a lawsuit against the insurance company to challenge the claim decision.

Contact our office for a free initial consultation to discuss whether mediation, appraisal, or a lawsuit is the best option for your insurance claim.

Q. I have hired a public adjuster. Do I still need a lawyer?

A. Public adjusters provide a valuable service after a loss occurs. From covering initial inspections to preparing an estimate and assisting in the preparation of a proof of loss, a good public adjuster is priceless. However, they are not attorneys. If you think the insurance company is breaking the law or your public adjuster has told you that it is time to hire an attorney, contact our office for a free initial consultation.

If you have an insurance claim question that hasn’t been answered here and you have a claim issue that you need help resolving, please contact Alvarez Law Group.