Can a Denied Property Insurance Claim in Fort Lauderdale Go to the Supreme Court?
When you first encounter a denied property insurance claim, you might be uncertain about the future. How easy will it be to resolve this issue? Is it even possible to appeal your denied claim? What happens if the insurance company denies your appeal? How far in the court system can this process go? Could it eventually go all the way to the Florida Supreme Court? These are common questions for Fort Lauderdale residents with denied property insurance claims. An experienced lawyer may be able to provide answers.
Most Denied Insurance Claims Do Not Go to the Supreme Court
First, it’s worth noting that most denied insurance claims do not go to the Supreme Court. Instead, they are resolved much earlier in the appellate process. Most people want to avoid court if at all possible due to its high legal costs and time-consuming nature. As a result, settlements are more common – and the insurer may offer some kind of resolution long before the denied claim appeal even reaches the lower courts.
Your property insurance lawyer can help you negotiate effectively with your insurance company. After receiving a denied claim, you can work with your lawyer to pursue a settlement and avoid complex court proceedings.
The Florida Supreme Court Helps Resolve Important Legal Questions
Generally speaking, the Florida Supreme Court only gets involved in property insurance claims when there is a new, unanswered legal question that it must resolve. Every few years, the Supreme Court issues a major decision on insurance claims. These decisions often have major consequences for policyholders and the insurance industry as a whole.
A few years ago, the Florida Supreme Court released a “clarifying opinion” on insurance claims involving multiple causes of loss. This opinion was necessary because there was some confusion over claims involving damage caused by multiple sources (such as wind and floods). In this specific case, the Florida Supreme Court ruled in favor of the homeowner – illustrating the potential benefits of taking a case all the way to the higher courts.
More recently, the Florida Supreme Court tackled an issue regarding the “late-reporting defense.” This is a defense strategy used by insurance companies, and it means that homeowners often struggle to get compensation if they report their claims too late. But how late is “too late” in the eyes of the Supreme Court? Can homeowners still bring their claims after an acceptable delay? These are the kinds of questions higher courts can help resolve.
Contact Our Fort Lauderdale Property Insurance Lawyers Today
At Geyer Fuxa Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. If your property insurance claim was denied, we can help. For a free consultation, please call us today at (954) 990-5251. With an office in Sunrise, we represent policyholders in Broward County and throughout the state of Florida.
Sources
supremecourt.flcourts.gov/content/download/374662/file/06-2494_ACini_SFFIC.pdf
myfloridacfo.com/division/ica/propertyinsurancechanges
