Practice

Assignment of Benefits

An Assignment of Benefits is when an individual (the “insured”) allows a third party to seek reimbursement for property repairs by transferring the rights and benefits encompassed in their insurance policy. The most common example is when a homeowner makes immediate repairs to their home and legally transfers their insurance benefit to the contractor performing the repairs in lieu of or in addition to payment. The contractor will then seek compensation from the insurance company via the AOB.

If you are a contractor seeking payment from an insurance company for work performed and the claim has either been denied or underpaid, litigation may be your next step.

If you are a homeowner looking to understand more about the AOB as it relates to your specific situation, please reach out to us.

Bad Faith Litigation

Denied Insurance Claim?

If your insurance carrier has delayed the process of your claim, denied coverage or is acting unreasonably, this may be an act of bad faith. Insurance companies are required by law to act fairly and honestly with regards to your policy.

First party bad faith claims are statutory and occur when an insurance company fails to act in a fair manner. Certain circumstances can allow a party to recover damages against an insurance company, under Florida law. Examples of bad faith acts include:

  • The denial of a claim without a full and fair investigation
  • Not properly identifying coverage
  • Failing to promptly settle claims
  • Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made
  • Unfair claim settlement practices, such as misrepresentation made to an insured
  • The misrepresentation of facts or policy provisions relating to coverage
  • Failure to notify an insured of additional information needed to properly process a claim

There are certain complex prerequisites to pursuing a first party bad faith claim against an insurer. If you feel your insurance company has acted in bad faith, the law requires you to notify the Department of Financial Services and your insurance carrier in writing highlighting the statutory violation and asking them to cure it within 60 days. This is done by filing a Civil Remedy Notice (CRN). The process of filing a bad faith claim is intricate and difficult to navigate without legal assistance.

The Tomlinson Law Group can help examine and evaluate your particular case and advise you on next steps. Call us today at 954-745-4575 for a free consultation.

First Party Property

First party property insurance policies are commonly defined as the contract been an individual or business (the insured) and an insurance company (the insurer) providing financial protection for damages that can occur to a residence, commercial property, item of ownership or other piece of personal property (for example, vehicles and boats).

There are many factors that can cause damage to one of your assets and ensuring that your policy adequately covers the financial value of your home, business and/or personal property is of the utmost importance.

Some of the most common sources of property damage include:

  • Fire
  • Electrical (including short-circuit damages)
  • Water
  • Flood
  • Wind (tornado/hurricane)
  • Explosions (gas cylinders)
  • Burglary, Theft/Arson
  • Hail
  • Smoke
  • Earthquakes
  • Sinkholes
  • Lightning
  • Pipe Bursts
  • Ice / Snow / Sleet
  • Accident (car / truck / motorcycle / aircraft / bicycle)
  • Water Heater Failure
  • … Amongst many others.

Damage claims amount to billions of dollars every year in the US alone. Depending on your geographical location, some of the above threats to your property have a higher likelihood of occurring than others. Many insureds are not familiar enough with their policy to know what it includes, and many are surprised to learn that their existing coverage may not be enough to protect them from all environmental or situational exposure.

For example, when you file a property damage claim, an insurance adjuster is assigned to your account and tasked with settling your claim as quickly and for as little money as possible.

The peace of mind insurance coverage offers cannot be minimized and in many instances policy holders are paid less than the actual extent of their damages. In these instances, many individuals feel confused, disheartened and frustrated.

The Tomlinson Law Group is here to help. Our group of first party property attorneys has the insight and legal experience to stand up for your rights and seek the maximum compensation available. We are proud to stand beside our clients every step of the way, keeping you informed of every development in your case. It is our goal to obtain optimal outcomes for our clients and will investigate every available resolution. We stand ready to aid you in all phases of litigation – from lawsuits, to trials, as necessary.

Connect with us today by contacting our office or completing the Contact Us Form.

Contracts

The attorneys at The Tomlinson Law Group are frequently called upon by clients to review contracts (including insurance policies) and to assist in revising and editing existing contracts.

Contracts are often complex, and there are many facets to consider, including issues that could subject you to liability.  It is important to know that once you enter a contract, you may be bound to terms and conditions that could be detrimental to you or your business.  Therefore, it is crucial to have an attorney carefully review any contract you may consider executing and provide language that protects your rights and best interests.

How We Can Help

We will meet with you to discuss the underlying facts related to the contract, including the relationship between the contracting parties.  To determine the best course of action, we will provide a full legal evaluation as it relates to your case.

  • Review contracts- proposed drafts or existing contracts, including any attachments and/or addendums, etc.
  • Review documents associated with the contract or bargaining and negotiations between parties, including letters, emails, text messages, proposals, etc.
    Evaluate verbal representations made between the parties.
  • Evaluate the actions of all involved parties to date, including anything that could be construed as deviating from contractual responsibilities, acts of default etc.
  • Each matter is different with a unique set of facts and circumstances, so meeting face to face with clients is an important part of our hands-on process.

Call The Tomlinson Law Group today for a free consultation regarding any contract matters.  If you are unable to come to our office, we will gladly come to you.

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