We can represent you with your HOMEOWNERS, BUSINESS OR CONDOMINIUM ASSOCATION CLAIM, no matter what the cause of loss is. Below is a list of our specialized areas of practice.
-Hurricane or Windstorm
-Water Damage Claim
-Fallen object Claim
-Additional Living Expense
-Underpaid Claim or other
When your home is damaged you turn to the insurance company for payment to make repairs, but often the insurance company either denies the claim or does not pay enough. At the law offices of Marcote and Marcote De Moya we are here to fight for your rights.
We will evaluate the facts, the documents and the insurance policy and represent you. We will professionally and aggressively litigate your case with the goal of receiving a fair and expedient resolution of your claim. Whether the damage is the result of fire, water, collapse, mold, burglary, vandalism, hurricane, or other covered loss our lawyers are here to assist you. If you suffer damage to your home call us immediately. Remember you do not have to pay until we recover from the insurance company.
The insurance claim process for condominium associations may be complex, and legal advice and representation may be necessary. Our attorneys will work with you and the board and will meet at a convenient place and time to guide you through this process. We will review the policy and the law, meet with experts and work with the board and the management company offering advice and sound representation.
If your condominium suffers a loss due to windstorm, fire, vandalism, water, mold or any other type of damage that may be covered by your policy, call us for a free consultation and evaluation of your case. Call (305) 256-2616 and one of our lawyers will personally meet with you, free of charge.
The presentation of a business or commercial claim may be a complex task. A business claim may involve damage to the inventory, to the building, business interruption, relocation, loss of customers and more. You will be required to prove your losses and damages. The manner in which the claim is presented is instrumental in receiving a favorable resolution.
It may be to your best interest to seek our representation and assistance early on, before presenting your claim to the insurance company. Call us and we will help you evaluate and present all aspects of your business claim. Even if you have already presented your claim and it has been denied or underpaid, call us. We will evaluate the insurance policy, the applicable law and the documents and determine how to proceed and litigate if necessary to obtain the recovery you deserve.
Bad Faith Claims:
The insurance policy is a legal and binding contract between the insurance company and the policyholder. The provisions in the contract grant rights and obligations to both parties. The insurance company is obligated to pay for covered losses and indemnify the policyholder for damages suffered due to a covered loss. The insurance company is also obligated to act in good faith. When a claim is wrongfully denied or underpaid the insurance company has violated the terms of the contract. The policyholder has the right to litigate against the insurance company to recover monies for the damages.
It may also be found that the insurance company has violated its duty to act in good faith. This will entitle the policyholder to additional remedies under the law that may allow the policyholder to recover additional monies over and above the cost of repairs.
•Some of the reasons for the right to a bad faith action include: •Refusal to investigate claims thoroughly, and in a timely fashion •Refusal to pay what your claim is worth •Unreasonable claim denials •Unreasonable delay in payments, unnecessary delay tactics •Unreasonable interpretation of policy language •Failure to properly investigate your claim •Failure to pay claim when the insurance company knew it should have paid the claim
Not every denial or underpayment is the result of a bad faith action, but we will be able to assist you in evaluating and determining if a bad faith action exists and moving forward with your representation. When bad faith conduct can be shown additional remedies are available to you. The bad faith actions usually occur during the claim process and for this reason it is imperative to know how to navigate this process.
Insurance Claims Denial:
Disputes may arise regarding whether the loss is covered or not. We are familiar with the usual and customary wrongful denials used by the insurance companies. We work with experts to evaluate your claim and provide strong evidence in favor of a covered loss. Our understanding of the law and the claims process are very useful tools in securing compensation for the full value of your loss.
Our broad expertise in claims evaluation, knowledge of the law, the facts, and how the insurance companies operate allow us to effectively challenge the wrongful applicability of the policy exclusions and obtain a positive resolution of your claim.
The insurance company might make a payment that is simple not enough to cover the repairs necessary. You do not need to accept that payment, do not assume that the payment they make is final. We work with experts to properly evaluate your claim. We fight to get what your claim is worth.
12595 SW 137 Avenue - Suite 307 - Miami, FL 33186 ~ Call for your FREE Consultation 305.256.2616
Motivated, Mindful and Dedicated to our clients’ representation.