Understanding Florida Insurance Law

It is possible to obtain insurance covering just about anything you can imagine. But, before you purchase insurance or file a claim, it is important to understand some of the laws governing insurance—the responsibilities of the insurance companies and your responsibilities—to ensure that your future claims will be handled fairly and within the confines of Florida insurance law. When conflicts arise, your best bet is to hire an insurance attorney in Boca Raton or Fort Lauderdale. An attorney with experience defending insurance companies will have a unique viewpoint that will help win your case.No-fault automobile insurance

Since automobile insurance accident claims are very common, it is important to be aware that Florida is a no-fault state. This means that, no matter who caused an accident, each party’s insurance company must typically pay for the property damage and medical expenses for their policyholder. In cases of serious and expensive injury or property damage, the no-fault system may not apply. An experienced insurance attorney in Boca Raton can help determine whether the no-fault insurance laws apply in your situation.

The insurance company’s responsibilities

Regardless of the type of insurance involved, an insurance company has a legal duty to deal fairly and in good faith when handling claim payment. Failure to meet this duty is called bad faith. Some examples of bad faith include the following:

  • Refusal to provide coverage
  • Failure to pay claims in full according to the provisions of the insurance contract
  • Delaying payment
  • Failing to adequate investigate a claim

If you suspect that you have a Boca Raton bad faith insurance issue, you should seek the services of a competent insurance attorney in Boca Raton to help you obtain legal resolution.

Your responsibilities

From the time they apply for any type of insurance, to the time they file a claim, policyholders also have certain legal responsibilities. Naturally, you are expected to properly complete and file all claim forms as required by the insurance company. But, perhaps your most important responsibility is honesty. When applying for insurance, honesty is the best policy. Deliberately falsifying or concealing information on your application is illegal, and is likely to result in denied claims, or even a Boca Raton insurance fraud case. Similarly, your claims are fraudulent if you do not accurately complete claim forms. If your claim forms are accurate and complete, but your insurance company discovers that the initial application was fraudulent, your claim is likely to be denied, and you could be the subject of an insurance fraud legal case.

Hiring the right attorney

When looking for an insurance attorney in Fort Lauderdale or Boca Raton, keep in mind that your attorney will be fighting lawyers who have years of experience representing insurance companies. To get the best possible legal representation, your attorney should also have experience defending insurance companies. The lawyers at Sperry, Shapiro & Kashi, P.A. all began their careers as insurance defense lawyers. Their extensive experience handling insurance coverage and bad faith cases will provide you with the best representation, whatever the insurance issue may be.

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This overview was submitted by Joseph S. Kashi of Sperry, Shapiro & Kashi, P.A., 1776 North Pine Island Road, Suite 324, Plantation, FL 33322 (954) 423-6553; (954) 423-6833 Facsimile. The firm concentrates principally on insurance coverage disputes and bad faith litigation. The firm website may be found at: http://www.florida-insurance-lawyers.com/.

Boca Raton insurance attorney Joseph S. Kashi shares his thoughts on Florida insurance law…

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Joseph S. Kashi

Licensed since 1976

Member at firm Joseph S. Kashi, P.A.

AWARDS

AV Preeminent

RECENT POSTS

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    Posted on December 24, 2009
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Joseph S. Kashi

Licensed since 1976

Member at firm Joseph S. Kashi, P.A.

AWARDS

AV Preeminent

RECENT POSTS

  • SYNOPSIS OF FLORIDA CASE LAW, Volume 1, Issue 61
    Posted on December 24, 2009
    Topic: Appellate Practice

    SPECIFIC PERFORMANCE  McMillan v. Shively,  ___ So. 3d ___, 34 Fla. L. Weekly D2520 (Fla. 1st DCA 12/8/09)             Although the plaintiffs’ action for specific performance could not be based upon the defendant’s breach of the express contract between the parties because the action was brought more than one year after the breach, the trial ... Read more

  • The Importance of Hiring an Insurance Attorney
    Posted on September 11, 2009
    Topic: Insurance

    It is all too common to believe that filing an insurance claim automatically gets you the fair compensation you deserve. In fact, like all businesses, insurance companies do not wait to spend more than they have to spend for any claim, large or relatively small. The moment you agree to an insurance claim settlement, your ... Read more

  • SYNOPSIS OF FLORIDA CASE LAW, Volume 1, Issue 40
    Posted on August 15, 2009
    Topic: Appellate Practice

    ARBITRATION  Blue Cross and Blue Shield of Florida, Inc. v. University of Florida Board of Trustees, ___ So. 3d ___, 34 Fla. L. Weekly D1365 (Fla. 1st DCA 7/6/09)             The trial court erred in finding that an arbitrable issue existed because (1) there was no nexus between the appellee’s claim and the four agreements ... Read more