Benefits of condominium home ownership include an economical solution to constantly rising land values, building costs, maintenance expenses, and provide unit owners with an opportunity to enjoy commonly owned recreational and other facilities that might otherwise be unaffordable. Condominium ownership is a concept that has existed in Florida since 1963 and has been popular in Miami ever since. Insurance is mandatory for condominium associations and homeowners who hold a bank mortgage. Condominium Insurance carriers deny claims for a variety of reasons, but legitimate claims can be re-submitted with the assistance of an insurance lawyer and returned with a favorable decision to pay them in many cases. Legitimate reasons for a denial might include:
- There was a mistake on the application,
- Lack of coverage,
- The claim does not cover the damages condominium owner are seeking,
- The claim was not filed correctly,
- There were policy modifications post claim filed,
- Misrepresentation of true damages,
- Simultaneous claims filed for the same property and event by a condominium association and the owner.
Insurance coverage disputes can happen when condominium associations make claims under their property insurance policies and the unit owners simultaneously make claims under their homeowner’s insurance policies for the same event. There are times when an insurance carrier will deny coverage under the association’s insurance policy claiming that the unit owner’s homeowner’s insurance company was responsible and vice-a versa. The Florida legislature made changes §718.111(11) of the Florida Condominium Act (the “Act”) for an association to provide adequate property insurance for the replacement cost of the insured property as determined by an independent insurance appraisal, which must be determined at least once every 36 months.
File a complaint.
All Miami homeowners should know how to make a complaint when their insurance company does not pay on time, or as expected, based on the terms of the policy. Denial of legitimate claims on a paid-up policy could be an incident of consumer fraud which is actionable in court. If a denied claim situation cannot be settled between the parties of the contract, then legal action will be based on Florida’s Insurance Rates and Contracts Statute. Keep open lines of communication with your insurance company and let them know your concerns. Written correspondence is best in the event you need to show the timeline of your actions and requests.
- Submit policy paperwork and supporting documentation to the carrier. (Keep copies.)
- Contact the Florida Department of Insurance Consumer Services Division at: Statewide Toll-Free: 1-877-MY-FL-CFO (1-877-693-5236); Out of State Callers: (850) 413-3089; TDD Line: 1-800-640-0886; Email Address: [email protected]
- If you cannot fix paperwork to reverse the denial, and a Florida Department of Insurance complaint response does not result in a reversal of the denial, then your next option is to consult an attorney about your legal rights and remedies.
Hire an attorney.
If you find yourself in an insurance dispute arising out of a claim denial for home repairs after a storm, contact the Law Office of William J. Roe to assist with the property insurance claim. When a claim reversal is successful, Florida Statute provides for attorney costs to be borne by the insurer.
Law Office of William J. Roe, P.A.
17971 Biscayne Blvd
Aventura, FL 33160