If you received a denied Edison property claim, and you feel this result is unfair, a denied property claim lawyer might be able to help you go after the compensation that you deserve. Insurance companies deny claims for many reasons. Some of the reasons for the denial are valid, but many justifications are unreasonable excuses.
If you feel that your property insurance carrier is not treating you fairly, or violating your rights as a homeowner, the Law Offices of Anidjar & Levine can evaluate your situation to see if we can help you resolve the dispute. We go the extra mile for our clients. Call us today at 1-800-747-3733 for a free consultation. There is no obligation.
What to Do if Edison Denies Your Property Claim
As soon as you realize that Edison is going to make things difficult for you, make sure that you document everything. Take photos and videos of the property damage. Keep a log of all the phone calls, emails, and other contacts with the adjuster, inspector, insurance company, and everyone else who takes part in the process.
Write down the names and titles of the people with whom you speak and a summary of the conversations. Print the emails so that you do not have to try to find them months down the road.
Talk to a lawyer right away to protect your rights. When you select an attorney to represent you, provide a copy of all the evidence. Keep a copy of everything for your records.
Reasons Insurers Give for Denying Property Claims
There is almost no end to the excuses that insurance companies give for denying property damage claims. Here are some of the common elements we see in claim denials:
The insurance company might have sent out a rookie to take a look at the damage to your property. The investigator might have been lazy, incompetent, or in too much of a hurry to complete a thorough investigation. If the investigator did not note all the damage on the claim forms, the insurer will deny payment for the items that do not appear on the paperwork.
High Volume of Claims at One Time
Even though we get natural disasters like hurricanes on a regular and foreseeable basis, some insurance companies do not hire enough personnel to handle the damage claims within a reasonable amount of time. The overworked employees can be quick to deny claims just to get through the mountain of work in their in-baskets. It is faster to deny a claim than to perform a thorough the work-up of a claim.
Insufficient Funds to Pay Claims
Some insurance companies, particularly smaller ones, do not have the ready assets to pay claims if hundreds or thousands of their policyholders experience significant losses at one time. These insurers might drag out the process to have more time to pay the claims or deny some claims and hope that the policyholders do not contest the denial.
General Business Practice
In the insurance industry, policyholders pay premiums to the insurer, which invests those payments to earn a profit. When the insurer has to pay claims out of that money, the insurance company loses the ability to make money off of investing those assets. The longer the insurer can hold onto the money by delaying or denying claims, the more profit the insurance firm makes.
Some companies routinely engage in unfair denial of claims or unreasonable delay of payments to increase their profits. Courts view this type of business practice as acting in bad faith.
Mistakes on Claim
Whether you or someone else, like the adjuster, appraiser, or inspector made an error on the claim form, mistakes can cause delay or outright denial of property damage claims. Sometimes the insurer will work with you and let you file a supplemental claim. If the insurance company refuses to be reasonable, you might want to get a lawyer to try to resolve the dispute.
How a Lawyer Can Help with Your Denied Property Claim
Sometimes we have to go to court to get you the justice you deserve, but we usually try to resolve the dispute over your denied Edison property claim by working with the insurance carrier first. If the situation is too far gone, Edison ignores our phone calls and letters, or the deadline for filing a lawsuit is close, we might go straight to filing a lawsuit.
If we are going the negotiation route, we will reach out to the insurance company to open a dialogue. We will advocate for you and show them through solid evidence why they should pay your property claim. Sometimes the denial happened because the insurer had the wrong facts or did not have all the information.
Insurance Company Refuses to Act in Good Faith
As you probably know at this point, some insurers can be extremely frustrating to work with on a property damage claim. Some companies take the attitude that, because you are an individual and the insurer is a multi-billion-dollar corporation, the company can treat you however it wants, without regard to your legal rights.
The Florida legislature enacted a statute that gives people in our state the right to sue insurers who do not act in good faith when handling claims. Here are some of the essential things you need to know about this legislation:
- We will have to provide written 60-day notice to Edison and the state insurance department that we are going to file the lawsuit for bad faith refusal to pay a claim.
- If the court decides that the insurer’s conduct was not fair or honest, it can award you damages and make the insurance company pay your reasonable legal fees.
Just make sure that you do not wait too long to talk to a lawyer. There are strict deadlines for filing lawsuits. If you miss the deadline, the law might not allow you to pursue money damages for a denied Edison property claim.