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TODD FREDERICK | Insurance Law Property Insurance Litigation
“After damage has occurred to your property, you are obligated under the terms and conditions of your insurance policy, to mitigate the damage.”
There are various circumstances in which an insurance company will stall, underpay or deny a policyholder’s claim, even when that claim is reasonable and legitimate. While seeking legal counsel should not be the rst course of action in the event of damage to your prop- erty, property insurance litigation is an avenue for the policyholder to ensure that they are receiving a fair settlement to their claim. Under the law, only attorneys and public adjust- ers are allowed to adjust insurance
claims.
UNDERSTANDING BAD
FAITH CLAIMS
Claims that are stalled, ignored, or denied have o en fallen victim to insurance companies’ attempts at cutting costs and increasing revenue. ese attempts can cross over into the area of ‘bad faith practices’ when re- strictive claims processing procedures prohibit insurance adjusters from ad- equately investigating the claim, or when adjusters do not have the time or authority needed to process the
claim.
WHEN DEALING WITH PROPERTY INSURANCE
CLAIMS, THE TERM ‘BAD
FAITH’ ENCOMPASSES ANY
OF THE FOLLOWING:
•Unreasonable interpretation of the language used in the policy
•Failure to properly investigate a claim
•Underpayment or delay in payment of a claim
•Unreasonable denial of a claim •Failure to respond
CHOOSE AN ATTORNEY
THAT UNDERSTANDS
PROPERTY INSURANCE
You may think you’ll be more com- fortable working with the attorney you know, but insurance litigation re- quires knowledge and understanding of the industry that other attorneys may not have. Dealing with insurance companies requires years of experi- ence and knowledge that very few at- torneys possess. Make sure you work with an attorney who has experience
handling matters similar to your own.
MITIGATION
A er damage has occurred to your property, you are obligated under the terms and conditions of your insur- ance policy, to mitigate the damage.
AttorneyAtLawMagazine.com
Essentially, this means you must stop the damage from getting worse. ere are mitigation/remediation compa- nies that specialize in this eld. e services they perform are billable to your insurance company. is is a post-loss obligation and can void your
claim if you fail to ful ll your part.
HOW LONG DO I HAVE TO
FILE SUIT ON A PROPERTY
CLAIM?
Not as long as you may think. e statute of limitations to le suit on a property insurance claim varies from state to state. It is important that you le your claim immediately. Always take plenty of photographs of the damage. Keep a log of the names of each insurance representative that you speak with, the dates and times you spoke with them, and keep all email correspondence. Having a record of all communications and documenta- tion of the damages to your property will be vital to your case. If you think you’re being ignored by your insurer, it’s important to
seek legal coun- sel before you lose your right to sue. Don’t wait!
A decorated U.S. Navy Veteran, Attorney Todd Frederick joined The Bush Law Group in 2017. He earned a Bachelor of Science in business aministration from Columbia College before going on to attain a Juris Doctor from Florida Coastal School of Law in 2014. While at law school, Attorney Frederick worked in the school’s Family Law Clinic, rep- resenting clients in divorces, modi cations, mediations, paternity, adoptions and expungements under the supervi- sion of a Florida Licensed Attorney. That would pave the way for his early law career, as he spent the rst few years working in various positions focused on Family Law, Estate Planning, and Probate, including managing his own rm. Today, he is a member of the Bush Law Group team, practicing out of our Jacksonville of ce.
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