FAQs

Under bad faith law, insurance companies are required to adjust a claim within a reasonable period of time. Insurers must also fully cooperate with claimants. This includes providing prompt responses to policyholder’s inquiries. Furthermore, Florida’s bad faith law requires insurers to, among other things, disclose to policyholders the reasons why they are denying requested benefits and cite specific policy provisions in support of their position.

Violations giving rise to bad faith lawsuits include the following:

• Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly to its insured and with due regard for the insured’s interests;
• Making claims payments to insureds not accompanied by a statement setting forth the coverage under which payments are being made;
• Failing to promptly settle the claim, when the obligation to settle the claim has become reasonably clear;
• Despite absence of a settlement demand, a liability insurer fails to initiate settlement negotiations when liability is clear enough, and damages serious enough, that an excess judgment is probable. Powell v. Prudential Property & Casualty Ins. Co., 584 So. 2d 12 (Fla. 3d DCA 1991); MacHalette v. Southern Owners Ins. Co. 2011 WL 3703368;
• Faced with multiple competing claims, failing to fully investigate all of the claims, failing to keep the insured informed about the claims process, failing to seek to settle as many claims as possible within the policy limits, and failing to minimize the magnitude of possible excess judgments without indiscriminately settling selected claims. Farinas v. Florida Farm Bureau Gen. Ins. Co., 850 So. 2d 555,560-61 (Fla. 4th DCA 2003).

• Cut off the water source.
• Take remedial steps to dry out the standing water and dry out the premises. Failing to do so can adversely impact your insurance claim.
• Take photos and keep copious notes of all damages.
• Document all personal or business property that has been damaged and determine its replacement cost.
• If you must make immediate repairs make sure you take photos of the state of the property before and after the repairs.
• Keep all receipts and records. Make extra copies to keep with you.
• Contact your insurance agent and submit a claim with your insurer.
• Request a copy of your compete insurance policy from your agent or insurer.
• Contact Salas Law Firm at (954) 305-1155.

It is important to discern water damage from floods. Most homeowner’s policies do not cover floods. In fact, most insureds must obtain a separate flood insurance policy. Coverage for water losses is subject to a myriad of difficult to understand exclusions and limitations. If you have experienced a water loss and are getting the run-around from your insurer contact Salas Law Firm at (954) 315-1155 for a complimentary consultation.

Yes. The insurer has the right to seek a sworn statement from you. You will need to participate in the examination and answer questions truthfully. However, we strongly suggest you to contact Salas Law Firm at (954) 315-155 for a complimentary consultation. If we take your case, we may attend the examination with you.

If a covered peril renders your home uninhabitable, living expenses are generally covered under your Homeowner’s policy while your home is being repaired. This coverage covers basic things such lodging, clothing, food and other basic necessities. If your insurance company is not paying your additional living expenses call Salas Law Firm for a complimentary consultation, we may be able to help.

You should contact your insurance carrier and submit a claim as soon as possible.

If you do not get a timely response, please call Salas Law Firm at 954-315-1155.

We understand that many of our clients do not have ability to pay attorney’s fees. Salas Law Firm offers you a complimentary consultation. In most instances, if we agree to take your case, Salas Law Firm will work on a contingency fee basis. This means that if there is no recovery on your claim, you do not pay fees for our services or costs advanced by our office. Furthermore, under certain circumstances your insurance company will become responsible for paying your attorney’s fees and costs. Since not all insurance claim cases are alike, please contact our office at (954) 315-1155 to discuss your case in more detail.

Most policies provide that you will initially be paid that is known as actual cash value, or the estimated cost for the item after deducting depreciation. Once you actually replace the item, you can then submit the receipt to the insurance company and they will then pay you the difference between what you were initially paid and what it cost to replace the item. If you are having an RCV/ACV issue with your insurer please call us at (954) 315.1155, we may be able to help.

Every claim is unique. However, if you can contact Salas Law Firm at (954) 315-1155 and schedule a complimentary consultation we will discuss the specific facts of your case and advise you of your options. In most instances, if we agree to take your case, Salas Law Firm will work on a contingency fee basis. This means that if there is no recovery on your claim, you pay absolutely no fees for our services or costs advanced by the firm. Furthermore, under certain circumstances your insurance company will become responsible for paying your attorney’s fees and costs. Please note that not all insurance claim cases are the same, please contact Salas Law Firm to discuss your case in more detail.

It depends on the specific facts of your case and they type of loss you have suffered. You can contact our office for a complimentary consultation at (954) 315-1155.

The different types of coverage available are typically found in the Declarations Page of your policy. The different types of coverage are typically the following:

• Coverage A: Damage to your home;
• Coverage B: Damage to other structure including a swimming pool or garage;
• Coverage C: Damage to Personal Property (i.e. furniture, clothing, appliances);
• Coverage D: Loss of Use – Pays for additional living expenses if your home is uninhabitable;
• Coverage E: Liability – Protects you against financial loss should someone be injured while on your property;
• Coverage F: Medical Payments – Covers medical bills for person injured on your property.