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Home Insurance

An insurance company should pay out a valid homeowner's insurance claim in a timely manner. But Michael Germain has seen plenty of cases where the insurance company wants to improperly minimize a claim or refuse to pay it entirely.

At Germain Law Group, we understand that the denial to pay under a homeowner's insurance policy can have a dramatic impact on a family who needs to get their home repaired. Damages to the home can occur after a fire, flood, wind, tropical storm, hurricane, or another type of catastrophic event.

Michael Germain has extensive experience fighting for his clients after their insurance company refused to pay a claim. He helps his clients recover fair compensation. Call Germain Law Group for a free consultation if your homeowner's insurance claim that has been denied or undervalued. Learn more about the legal recourse that might be available in your case.

Call (941) 316-0333.

Attorney for Home Insurance Claims in Sarasota, FL

If you need a lawyer for a homeowners' insurance dispute in Sarasota, FL, then contact Michael Germain. Call for a free consultation. We can help you decide what to do if your homeowner's insurance claim is denied.

Michael German sues insurance companies when they don't live up to their contractual obligations. Call us to find out more about bringing a lawsuit against your homeowner's insurance company so that justice can be served in your case after a valid insurance claim is denied.

Call (941) 316-0333.


Filing a Claim over a Homeowner's Insurance Dispute

Michael Germain can take a look at your homeowner's insurance policy to help you decide what damage is covered and how payment should be made. At Germain Law Group, we conduct a full investigation into any past and present home inspections, documentation, and audits on your home that show the extent of the damage.

Dealing with an insurance company is never easy. The insurance company often makes it difficult to file the claim and collect on the policy. If the claim is denied, Michael Germain can help the homeowner receive the full amount available under the insurance policy.


Determining Coverage under a Homeowner's Policy

Your attorney can help you determine whether the damage incurred is covered by the policy. The homeowner's policy covers the main residential premises as well as personal property and unattached structures. Damage can be sued by theft, vandalism, hail damage, wind damage, or fire damage. The policy deals with the requirements for each time of claim.

Flood insurance is not included in the homeowner’s policy and must be purchased separately.


What Happens When the Claim is Denied?

When a claim under a homeowner's policy is denied, the insurance company might make a settlement offer for a fraction of the true amount. Sometimes, the insurance company denies the claim entirely. The denial can be based on the damages being beyond the scope of the policy. Disputes can arise in all types of claims including damage from a hurricane, storm, lighting, water, fire or mold.


The Definition of "Homeowners' Insurance" in Florida

The definition of “homeowners' insurance” is a specific type of property insurance. that covers loss or damage by theft, fire, and storm damage. Homeowners’ insurance can also insure the owner of the residence against claims related to accidental injury or death. 

If the homeowner secures a mortgage for the residence, the mortgage lenders usually require a sufficient homeowners' insurance policy as part of the mortgage terms. Homeowners' Insurance can also cover other structures including condominium unit owners.


Standard Component Parts of the Homeowner’s Police

The several component parts of the standard homeowners' insurance policy include:

  • Coverage A Dwelling
  • Coverage B Other Structures
  • Coverage C Personal Property
  • Coverage D Loss of Use/Additional Living Expenses
  • Coverage E Personal Liability
  • Coverage F Medical Payments to Others
  • Additional Coverages

Timelines under the Homeowners' Bill of Rights

The 14 Day Rule

The Homeowner Claims Bill of Rights applies to the claims process. The bill of rights includes timelines including a right to receive from your insurance company an acknowledgment of your reported claim within 14 days after the time you communicated the claim.

The 30 Day Rule

After the homeowner submits a complete proof-of-loss statement to your insurance company, the homeowner upon written request, has the right to receive from their insurance company within 30 days confirmation that the claim is covered in full, partially covered, or denied, or receive a written statement that the claim is being investigated.

The 90 Day Rule

The homeowner has the right to receive full-settlement payment for the claim or payment of the undisputed portion of your claim, or the insurance company’s denial of your claim within 90 days, subject to any dual interest noted in the policy.

Free Mediation Provision

The homeowner has the right to free mediation of the disputed claim by the Florida Department of Financial Services Division of Consumer Services, under most circumstances and subject to certain restrictions.

The homeowner has a neutral evaluation of the disputed claim, if the claim is for damage caused by a sinkhole and is covered by the policy.

The homeowner has the right to contact the Florida Department of Financial Services Division of Consumer Services’ toll-free helpline for assistance with any insurance claim or questions pertaining to the handling of the claim at 1-877-MY-FL-CFO (1-877-693-5236).

The homeowner also has the right to seek assistance online at the Florida Department of Financial Services Division of Consumer Services website at https://apps.fldfs.com/ESERVICE/Default.aspx.

How an Attorney can Resolve a Homeowners’ Insurance Dispute 

If you have a dispute with your homeowners’ insurance company, contact an experienced insurance law attorney in Sarasota, FL, to help you resolve the dispute. Your attorney can contact the insurance company before you enter into any contract for repairs to confirm any managed repair policy provisions or optional preferred vendors.

Your attorney can help you make and document emergency repairs that are necessary to prevent further damage. It is important to document the emergency. An attorney can make sure that you properly document the reason for the repairs by helping you decide how to preserve evidence, including taking pictures of the damage before and after any repairs and saving any receipts.

Your homeowners’ insurance attorney in Sarasota, FL, can look at any contract provision that requires you to pay out-of-pocket expenses or a fee that is based on a percentage of the insurance proceeds that you will receive for repairing or replacing the property.

A lawyer representing you in a dispute can confirm that the contractor choose is licensed to do business in Florida. It is important to verify a contractor’s license and make sure there are no complaints against the contractor pending with the Florida Department of Business and Professional Regulation. Contractors should provide proof of insurance before beginning repairs.

The attorney can help you resolve any disputes with the homewoners' insurance company as you work through the process to get the benefits that you deserve under the policy. 


Additional Resources

Homeowners Insurance in Florida - Visit the website of the Florida Office of Insurance Regulation to find information on Homeowners' Insurance including definitions, and the component parts of the standard homeowners' insurance policy. Find the Homeowner Claims Bill of Rights and links to educational materials.


This article was last updated on Friday, January 12, 2018.

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Meet Our Attorney

Michael B. Germain

Michael B. Germain

Michael B. Germain is the founder of the Germain Law Group. For over a decade, Michael has been involved in litigating insurance claims and complex commercial matters.

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