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Here are some

Frequently Asked Questions

INSURANCE
LITIGATION
FIRM

Fizer Flores, LLC, is a full-service law firm that assists its clients with legal disputes against their insurance companies. From inception to resolution, Fizer Flores is here to help navigate the often-complicated process of an insurance claim and any legal issues that come up along the way.

01

Professional

Our insurance litigation firm has the experience, the dependability and the knowledge it takes to make a difference.

02

Focused

We keep your best interests at the forefront of our approach to viewing, and ultimately winning your case or claim.

03

Trusted

With over 15 years experience, 2500+ Claims Handled and 10 Areas of Expertise it’s no wonder you can trust Fizer Flores, LLC.

important things you should know

Questions And Answers

Upon discovery of damage to your property, it is best practices to attempt to mitigate the damages/prevent further loss from occurring and to advise the carrier of the damage as soon as reasonably possible.  One should also review their Policy to ensure compliance with their post-loss obligations/duties after loss.  Failure to comply with an insured’s duties after loss could result in non-payment of the claim.  Contact Fizer Flores, LLC, to discuss what to do in the event of a loss to your property.  Whether you have an existing claim or not, Fizer Flores, LLC’s knowledgeable and experienced legal staff can assist you through the entirety of the claims process—from reporting the claim through final resolution—to avoid jeopardizing your claim.

Pursuant to Florida Statute §627.6131, a claim must be paid or denied within 90 days after receipt of the claim.  That means that your insurance company must conduct their investigation, make claims determination, and issue payment if appropriate within 90 days from you report a claim.  If you reported a claim and your insurance carrier continues to unnecessarily delay the claims process, contact Fizer Flores, LLC, to explore the options available to you to advance the resolution of your claim.

Don’t sweat it, it’s not the end of the road!  An insurance carrier will deny a claim for a litany of reasons; sometimes even the wrong ones.  If an insurance company denies your claim and you want a second opinion contact Fizer Flores, LLC, and we can provide you with claims evaluation and consultation to discuss your options when facing a denied insurance claim.

At first glance, most would consider a covered claim a good thing. However, even if a carrier extends coverage for your loss, they may oftentimes be undervaluing or underpaying your claim. If you have questions regarding the propriety and comprehensiveness of the adjustment of your covered loss, contact Fizer Flores, LLC, for a claim and policy evaluation to ensure you are receiving all of the compensation you are entitled to.

If the insurance company advises you that your loss does not exceed the applicable deductible, this is good and bad news.  The good news is that the insurance company has determined that the damage to your property was caused by a “covered” loss.  However, the bad news is that they will not be tending any payment for the loss.  If this happens to you, contact Fizer Flores, LLC, to discuss your options in the event you are advised that your claim does not exceed the applicable deductible.

Your insurance carrier cannot drop or cancel your policy in direct retaliation of filing a claim.  However, with sufficient written notice, either you or your insurance company can decide to non-renew a policy.  Contact Fizer Flores LLC, if you have any questions regarding a cancellation notice or a notice of non-renewal received after filing of a claim.

While a lot of insureds can be apprehensive to file a claim in fear that their premiums will be increased in retaliation, the truth is that premiums fluctuate based on the insurance industry at large and other external factors outside of simply filing a claim for loss during your policy period.  The purpose of insurance is to use it in the event you need to.  You shouldn’t be afraid to use it, after all, you did already pay for it.  If you have concerns about filing a claim, contact Fizer Flores, LLC to assist you in making the right decision.

There are a number of actions an insured could take in the event they are unsatisfied with the way their insurance company has handled their claim, however, given the uniqueness of every claim, the best answer is to consult a trusted insurance professional, like a public adjuster, or legal counsel to explore your options.  If you are unsatisfied with how your insurance company has handled your claim, contact Fizer Flores, LLC for a full claim and policy evaluation.

Property insurance claims can often be wrongfully denied or under-adjusted. There may be additional areas of coverage afforded under a policy for a particular loss that the insurance company fails or forgets to include in its evaluation of an insured’s claim. Sometimes, an insurance company’s evaluation of a claim is wrong. In these instances, legal representation assists by ensuring that your claim is handled correctly, that you receive all appropriate compensation, and to initiate legal action against the insurance company, should they continue to mishandle your claim and/or withhold payment owed to you. Contact Fizer Flores, LLC, today to discuss legal representation of your insurance claim.

In certain types of lawsuits—such as property insurance disputes—the lawyer who represents the person suing may agree to accept a part of the money the client recovers as the fee for services.  This is called a contingent fee.  Under the lawyer’s ethics rules, the lawyer and client must enter into a written fee agreement at the outset of the representation, stating what portion of the recovery the lawyer will receive.  The fee is generally fixed at a percentage of the recovery.  An additional percentage may be added if the matter is tried again or appealed to a higher court.  In a contingency fee contract, you and your lawyer agree that the lawyer will not get paid any fees unless you win your case.  Fizer Flores, LLC, engages legal representation of most of its clients on a contingency fee basis. Contact Fizer Flores, LLC, to discuss legal representation of your insurance claim today.

A Civil Remedy Notice is a formal complaint by an insured or third-party against an insurance carrier and is intended for use by parties who are beginning the process of filing suit against an insurer, when a party feels they have been damaged by specific acts of the insurer.  The Notice is intended to meet a portion of legal requirements set forth in Florida Statute § 624.155, which requires a party to file Notice with the Department of Financial Services (DFS) via the online Civil Remedy filing system at least 60 days prior to bringing an action against the insurer.  If you have any questions about drafting and filing a CRN against your insurance carrier, contact Fizer Flores, LLC today.

If you have already hired a Public Adjuster and/or a Contractor, you are not precluded from retaining legal counsel.  Legal representation should always be considered/explored as attorneys can provide assistance and services that other professionals cannot.  We will work in conjunction with any professionals you have already involved to make sure you receive all of the compensation you are entitled to for your insurance claim.  Contact Fizer Flores, LLC, today to discuss how our firm may be able to assist with your needs.

An assignment of benefits is any contract or agreement that contains language which transfers or “assigns” post-loss benefits/rights under a residential property insurance policy or commercial property insurance policy, in whole or in part, to a person or entity providing services to protect, repair, restore, or replace property or to mitigate against further damage to the property. In the State of Florida, assignment of benefits contracts in the insurance context are governed by Florida Statute § 627.7152.

There is nothing inherently wrong with an assignment of benefits agreement, however, as with all legal contracts, you should have a clear understanding of the terms and conditions of a contract before you sign it. If you have any questions regarding an assignment of benefits contract, be sure to contact Fizer Flores, LLC.

Although most homeowners or commercial property insurance policies provide similar coverages, every policy is unique and requires its own analysis. Notwithstanding, most can be separated into two categories: All-Risk policies and Named-Peril Policies. All-Risk property insurance provides coverage for loss arising from any fortuitous cause except those that are specifically excluded within the policy. This is in contrast to named perils coverage, which applies only to loss arising out of causes that are listed as covered within the policy. Further, some coverages are statutorily required, while others are not. Additionally, other coverages can be modified by way of endorsement and can either be extended or limited, added or removed from a Policy. The most common areas of coverage afforded in a homeowners policy of insurance include the main structure or dwelling, other structures/permanent fixtures, personal property or interior contents, and additional living expenses/loss of use. In the commercial context, common coverages include business interruption and food or inventory spoilage.  If you have questions regarding your insurance policy and all coverages afforded under the same, contact Fizer Flores, LLC today for a free consultation.

Mitigation is the effort to reduce loss of property by lessening the impact of disasters and emergencies. Emergency mitigation involves stopping any further damage to a particular property from fire, water, other elements, etc. Emergency mitigation often requires specialists to remove damaged furniture, debris, and damaged materials like drywall and flooring or tarping a roof. Mitigation of damages and ensuing loss is often a requirement of insureds after sustaining a loss to their property. Should you have any questions regarding EMS, services provided, or requirements under your Policy, contact Fizer Flores, LLC, today.

Actual Cash Value (ACV) and Replacement Cost Value (RCV) are methods for calculating the value an insurance company will pay you in the event of a covered loss/claim. Depreciation is subtracted from the replacement cost (RCV) of the insured property in determining its actual cash value (ACV).

  • Replacement Cost Value is an amount that it would cost to replace an asset of a company at the same or equal value.
  • Depreciation is the decrease in the value of property over a period of time, usually as result of age, wear and tear from use, or economic obsolescence. 
  • Actual Cash Value is the amount equal to the replacement cost minus depreciation of a damaged or stolen property at the time of the loss.

If you have any questions regarding the value the insurance company has placed on your claim and/or the calculation of your damages, contact Fizer Flores, LLC, for a claim review and legal consultation.

A deductible is an amount of money that the insured is responsible for paying toward a covered loss. When a disaster strikes your home or you have a car accident, the amount of the deductible is subtracted, or “deducted,” from your claim payment. Within the property insurance context, there can be different deductibles that apply based on the different cause or type of loss. Be sure to contact Fizer Flores, LLC, if you have any questions regarding the application of deductible(s) to your insurance claim.

Loss of use is an insurance coverage that reimburses you for extra expenses you incur because you can’t make use of your property. Loss of use helps cover additional costs, like lodging and transportation expenses, while living away from home during a covered claim.

Additional Living Expense (ALE) is the most common loss of use coverage when it comes to home insurance. Additional living expense insurance refers to coverage under a homeowners, condominium owner’s, or renter’s insurance policy that covers the additional costs of living incurred by a policyholder should they be temporarily displaced from their place of residence.

Fair rental value coverage is similar to loss of use coverage in a standard homeowners or renters policy. Fair Rental Value coverage is a loss of use coverage that reimburses you for lost rental income, but it’s not a standard coverage on some home insurance policies.

If you have incurred additional expenses as a result of your property loss, contact Fizer Flores, LLC, today to ensure you are receiving all compensation you are entitled to.

Ordinance and Law coverage covers the cost to rebuild a home or property that has been destroyed, as well as the cost to upgrade the home or property so that it meets the most up-to-date and current building codes after a covered loss. It is not mandatory for an insurance company to include Ordinance and Law coverage in a policy of insurance. Should you be facing a property loss without Ordinance and Law coverage, you could be on the hook for costly code upgrades and repairs. Contact Fizer Flores, LLC to discuss any questions surrounding ordinance and law coverage and for a policy review.

An endorsement, also known as a rider, adds, deletes, excludes or changes insurance coverage. An endorsement/rider can also be used to increase standard limits of coverage and take precedent over the original agreement or policy. It is important to understand and be aware of endorsements when added to your policy because they change and modify the original agreement between you and your insurance carrier. Should you have any questions about current endorsements and your policy of insurance, contact Fizer Flores, LLC today.

Lender-placed (or Force-placed) insurance is coverage that a mortgage lender or bank purchases for property it owns to protect its interests when the homeowner fails to purchase this coverage. This often occurs during situations of abandonment and foreclosure. Force-placed policies often only cover the interests of the financial institution lender and offer little to no protection or rights to the homeowner borrower. Force-placed policies are also often associated with substantially higher premiums than that of homeowner-obtained policies. If you have been advised that a force-placed policy has been issued for your home or business, or if you have any questions about force-placed policies, contact Fizer Flores, today.

While attempting to resolve an insurance claim, there are times when you and your insurance company cannot agree on the cause of the loss, or the cost to repair, rebuild or replace your property. To help you and your insurance company reach an agreement regarding your claim, there are various alternative dispute resolution options available. Participating in any form of ADR does not preclude an insured’s right to pursue subsequent legal action. The most common forms of ADR offered in Florida are: Mediation, Appraisal, Arbitration, and Sinkhole Neutral Evaluation. Should you have any questions about ADR and your insurance claim, contact Fizer Flores, LLC today.

Mediation is a form of Alternate Dispute Resolution and is an informal way to resolve claims between the policyholder and their insurance company. It is a process where a neutral third-party acts to encourage and assist in the resolution of a dispute without dictating the outcome. An insured can be represented by legal counsel during mediation and participating in a mediation that does not result in a complete resolution of the claim/dispute, does not preclude an insured’s right to pursue subsequent legal action.

Appraisal is a form of Alternate Dispute Resolution, which in the event of a covered loss, can resolve disagreement when the Carrier and Policyholder do not agree on the amount of loss.   Appraisal does not address coverage issues, but can include or exclude items based on causation depending on the state. Not all policies allow for dispute resolution via appraisal. Contact Fizer Flores, LLC to see if resolution via appraisal is included in your policy or if you have any questions regarding the appraisal process in general.

Arbitration is a form of Alternate Dispute Resolution. Arbitration may be used to settle an insurance dispute between an insurance provider and a policyholder. Instead of filing a lawsuit, the insurer and the policyholder both present their case to the arbitrator. The arbitrator reviews the facts and comes to a decision about how to resolve the dispute. An insured can retain legal counsel to advocate on its behalf in the arbitration process. Participating in a pre-suit arbitration does not preclude an insured’s right to pursue subsequent legal action. Should you have any questions regarding arbitration or any other form of Alternate Dispute Resolution (ADR) when it comes to your insurance claim, contact Fizer Flores, LLC today.

FAQ DISCLAIMER
The FAQs are some of the questions that we frequently get asked in some (but not all) of the areas in which we practice. The questions and answers are not intended to be exhaustive and do not constitute legal advice for your particular question, issue or concern, nor do the questions and answers create any attorney-client relationship or duty on our part to assist you. The information above, however, is intended to be helpful and to get you thinking in a more sophisticated manner about your legal issues and possibly will assist you to ask the right questions or determine whether you have a legal need. Moreover, we encourage you to contact us to dialog further on your issues or areas of interest.

We Will Help You Every Step Of The Way

We ensure that your claim is handled correctly, that you receive all appropriate compensation, and to initiate legal action against the insurance company, should they continue to mishandle your claim and/or withhold payment owed to you.

what do you need?

Types of Claims

Fizer Flores, LLC, is a full-service law firm that assists its clients with legal disputes against their insurance companies. From inception to resolution, Fizer Flores is here to help navigate the often-complicated process of an insurance claim and any legal issues that come up along the way.

Sinkholes

A property owner should be familiar and aware of the more typical, yet less extreme damages associated with sinkhole activity.

Hurricane Damage

Floridians spend roughly half the calendar year susceptible to suffering a hurricane loss to their home and/or business.

Theft & Vandalism

A growing population introduces many new threats to your home or property.

Fire Damage

From the structure itself, to the contents inside, fire claims can often result in a total loss.
"My neighbors tree fell in my yard and ruined our pool. Thanks to Fizer Flores, we were swimming in just a few weeks and it didn't cost us anything!”
Joe Montgomery, Palm Harbor, FL
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