Bogin, Munns & Munns

Orlando Insurance Lawyer

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On This Page
  1. Types of Insurance Claims
  2. What an Examination Under Oath Means for You
  3. When Bad Faith Claims are Necessary
  4. Discuss Your Insurance Claim with Bogin, Munns & Munns Today
Spencer R. Munns

From auto insurance to homeowner’s coverage, these insurance policies are designed to cover you when the unexpected happens. Unfortunately, the insurer might deny your claim when you need coverage the most. 

A denied insurance claim does not mean you are out of options. You may be able to appeal the decision or provide additional documentation to the adjuster. An Orlando commercial law lawyer with Bogin, Munns & Munns could also help you pursue legal action. Hold the insurance companies responsible for acting in bad faith. 

Types of Insurance Claims

If you pursue benefits through your insurer, an insurance lawyer with our firm can be of assistance. Some of the types of insurance claims we handle include:

Auto Insurance

Auto insurance could include a claim with another driver’s liability policy or your own uninsured motorist policy. Either way, an attorney with our firm could help you recover the benefits you deserve.

Property Insurance

You could seek monetary compensation following damage to your property due to a natural disaster or act of negligence. 

Alternatively, these policies could protect you from third-party liability if another person suffered an injury while on the premises you own. 

Life Insurance

It is not unusual for the beneficiaries of a life insurance policy to have an attorney advocate for them while pursuing benefits. For some people, the thought of dealing with an insurance claim while they mourn is too much to handle alone. 

In other cases, your attorney could push back on an insurance company that has refused to pay out the benefits on the policy.

Disability Insurance

Disability insurance provides wage-replacing monetary benefits for injured individuals. This coverage kicks in when these injuries prevent policyholders from working. These benefits could cover everything from basic necessities to a mortgage payment. 

Unfortunately, these policies are riddled with exclusions and contradictory language. If your claim was unfairly denied, one of our lawyers might be able to help. 

To consult with an experienced insurance lawyer serving Orlando
855-780-9986

What an Examination Under Oath Means for You

An examination under oath is a tool the insurance companies use to investigate the nature of a claim. 

In many cases, a request to comply with an examination under oath is a precursor to the denial of a claim. In some situations, it can also mean the insurance company believes fraud is involved. 

The Insurer Can Investigate Your Claim

State law allows insurers to investigate claims when they believe fraud could be a factor. According to Florida Statutes § 626.9541, the insurance company has the right to an investigation. While the investigation takes place, they determine if a claim should be denied or if the policy has been violated by the insured. 

In some ways, an examination under oath is like a deposition. It is an opportunity for the insurance carrier to ask you questions regarding your claim or your policy. There are consequences that come with failing to attend an examination under oath. You have to attend once you receive notice of the proceedings. 

The failure to attend could result in the cancellation of your policy and could even lead to the denial of your insurance claim.

Your Lawyer Can Represent You During These Examinations

The good news is that you do not have to go into the examination alone. Just like with a court proceeding, you have the right to an attorney during these examinations. You are entitled to work with legal counsel from the beginning of your insurance claim. 

When Bad Faith Claims are Necessary

No matter the nature of your claim, your insurance provider is required to act in good faith. They determine whether or not to pay the benefits you are entitled to receive or deny your claim. However, they have to treat your claim appropriately.

This practice is true of everything from motor vehicle accident claims to claims resulting from property damage. If your insurance company denies your claim in bad faith, you could be entitled to compensation. 

Florida on Bad Faith Claims

Remember, the denial of an insurance claim is not bad faith in and of itself. According to Florida Statutes § 624.155, bad faith involves treating the insured unfairly or being deceptive or dishonest. 

Bad faith claims typically occur when an insurance company fails to make a reasonable settlement offer to their insurer. Bad faith could also involve the refusal to insure for:

  • Discriminatory reasons
  • The use of unfair claim settlement practices
  • The use of illegal dealings in premiums

You Can Take Civil Action if They Act in Bad Faith

State law provides a remedy for bad faith insurance dealings. You have the right to pursue a civil action against your insurer when you believe they acted in bad faith. 

If your claim is successful, you could be entitled to a fair award. On top of the benefits you are entitled to recover, you could also recover:

  • Attorney’s fees
  • Court costs 

Punitive Damages Might be an Option

In rare cases, you could even be entitled to punitive damages. Most damages from a civil lawsuit are designed to make you whole after a loss. That is not the case with punitive damages. 

With punitive damages, the purpose is to punish the insurance company for acting in bad faith with the hope it incentivizes them not to do so again. 

Orlando Insurance Lawyer Near Me
855-780-9986

Discuss Your Insurance Claim with Bogin, Munns & Munns Today

In the aftermath of an accident or catastrophe, you could quickly learn the hard way that insurers are not always willing to provide you with benefits for covered losses.

In any case, an Orlando insurance lawyer from Bogin, Munns, & Munns could help you with your claim. Our team has a long track record of holding insurance companies accountable for their bad faith delay tactics. Contact us today for your initial consultation. 

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