Insurance Disputes

Clark | Martino, P.A. handles all types of coverage disputes, including allegations involving the following:

  • Scope of coverage and coverage exclusions
  • Underinsured Motorist Insurance
  • Denial of claim
  • Homeowners Insurance Claim
  • Disability Insurance Claim
  • Life Insurance Claim
  • Third-party coverage
  • Stacking insurance policy provisions
  • Bad faith denial of claims
  • Wrongful refusal to settle
  • Duty to defend
  • Undervaluation of insurance claims
  • Excess insurance disputes

Florida Insurance Disputes and Declaratory Judgments

In Florida, most insurance coverage disputes that cannot be resolved through negotiations between the parties are resolved by the courts through declaratory judgment actions. In a typical declaratory judgment action, the court issues a ruling as to what is covered in the policy at issue or what certain policy language means under current laws and case rulings.

In certain cases like first party cases, you may be entitled to have your attorney’s fees paid by the insurance company. See Fla. Stat. 627.428 (Upon the rendition of a judgment or decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the named beneficiary under a policy or contract executed by the insurer, the trial court shall adjudge or decree against the insurer and in favor of the insured or beneficiary a reasonable sum as fees or compensation for the insured’s or beneficiary’s attorney prosecuting the suit in which the recovery is had.)

After the judgment is issued, the coverage dispute is usually resolved between the parties and they are bound to follow the courts interpretation of the policy language. As highly experienced insurance attorneys, we help injured people and insured parties analyze and interpret insurance policies to determine what is covered and seek declaratory judgments when coverage is unclear or wrongfully denied.

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