Why Is Your Insurance Company Suing You?

J.P. Gonzalez-Sirgo
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Founder of J.P. Gonzalez-Sirgo, P.A.

Most Florida residents have multiple forms of insurance coverage that may protect a family’s most important assets, like their home, personal property inside their residence, and motor vehicles.  Insurance coverage may protect against natural perils like hurricanes and floods, human perils like theft or vandalism and personal injury liability claims.  If you are lucky, your insurance coverage has served only as a form of security, so you have never needed to file a claim.  However, people own insurance because unanticipated negative events can cause serious financial loss without adequate coverage.  However, insurance companies don't always do the right thing.  In fact, sometimes they even sue their own insureds.

Why are you being sued by your insurance carrier?

Insurance companies sometimes sue their insured when there are disputes about coverage.  An insurance policy is a contract, so courts can be asked to resolve contractual disputes when coverage issues exist.  Although an insured may bring a breach of contract or insurance bad faith claim, the insurance company can also initiate an action regarding its contractual obligation to provide coverage under the policy.  Scenarios that involve an insurer suing a policyholder usually relate to third party liability claims.  For example, a business owner might be sued for damage to a customer caused by his product, or a homeowner might be sued because his dog bites a visiting appliance repairman.  In these situations, the insurance company might file a legal action for a declaration of coverage.  This can be an extremely frustrating situation for the policyholder who is being sued not just from the injury victim but also his or her own insurance company.

What do you need to do if your insurance company sues you in a declaratory action?

If your insurance company initiates a legal action against you seeking declaratory relief, you need to seek advice and representation from an experienced insurance claims lawyer without delay as the insurer will ask the judge to determine that your claim is not covered.  

How do you know if you need to sue your insurance company?

The specific circumstances that determine when to sue your insurance company will vary depending on a range of factors that include the type of coverage, circumstances of loss, conduct of your insurance company, efforts to resolve the dispute and more.  The bottom line is that your insurance company has a legal duty to investigate and pay the actual value of your claim in a timely manner.  

You can reach Miami Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected].

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