Fort Lauderdale Third Party Coverage Insurance Dispute Attorney
Liability insurance is an essential aspect of insurance coverage. With liability insurance, the carrier agrees to indemnify you against claims brought by third parties. Indemnification means they will either settle with the third party, or defend you in litigation and pay any judgment against you, up to the limits of your liability insurance.
While most Florida drivers are aware of the availability of bodily injury liability or property damage liability when they are purchasing automobile insurance, many are not aware that liability coverage can be found in many homeowners policies, as well as condominium and renters insurance. In the event of a car accident, slip and fall, or dog bite that occurs on your property, your liability insurer may be duty-bound to offer a reasonable settlement to the injured party, or to defend you in court if you are sued. When your insurance carrier refuses to settle or defend you, arguing that the claim is not covered under your policy, the Fort Lauderdale third party coverage insurance dispute attorneys at Geyer Fuxa Tyler will analyze your policy and fight to force the insurance carrier to fulfill its obligations to you.
Litigation of Third Party Coverage Disputes
The threshold question of whether coverage exists can be litigated by seeking a declaratory judgment from the court. Often times it is only necessary to show that a potential for coverage exists in order to win a declaratory judgment. However, an insurance company that defends you against a third party after losing a declaratory judgment may choose to do so under a reservation of rights, meaning if a judgment is eventually entered against you, it may still be necessary to litigate the coverage issue and the insurance company’s liability to you more fully. The attorneys at Geyer Fuxa Tyler are experienced in litigating liability and damages disputes that arise in both first party and third party settings.
The duty to settle and the duty to defend are separate duties that may both apply to a given situation. If an insurance company refuses to settle where liability is clear or where a reasonable demand is made that is within the policy limits, the insurance company can be held liable if it litigates the matter and loses to the third party. Not only can the insurance company be liable up to its policy limits, but when the carrier breached its duty to settle, it can also be liable for the entire judgment, including any excess verdict amount above the policy limits.
Get Help from Experienced Fort Lauderdale Third Party Coverage Insurance Attorneys
At Geyer Fuxa Tyler, we fight to make sure that insurance companies uphold their obligations to you, and that you are not harmed or exposed to liability for their failures. If you have a dispute with an insurance company over a third party claim in Fort Lauderdale, Broward County, or anywhere else in Florida, call Geyer Fuxa Tyler in Sunrise at 954-990-5251 for an evaluation of your case.