Insurance policies are binding contracts. Each party to the contract bears the responsibility of following all of the contract terms. The failure by you, the insured, to follow all of your obligations under the contract will allow the insurance company to avoid having to pay your claim. Insurance companies make money by taking your premium and then finding ways to avoid covering you. Do not let this happen to you. The Miami homeowners insurance lawyers at Greenberg, Stone, & Urbano want to make sure their clients understand that they must follow the rules set out in the insurance policy and will work diligently with them to make sure they receive the coverage due.
Our homeowners insurance lawyers have seen cases where the insurance company tries to deny payment to their insured by arguing that the insured did not do what they agreed to do under the insurance policy. Take, for instance, the case of Goldman v. State Farm. The Goldmans were insured by State Farm against theft from their home. Unfortunately, someone burglarized the Goldman’s home. The Goldmans filed a claim with their insurer for the amount stolen. They even submitted sworn affidavits setting out what property was taken and the value of it.
State Farm began investigating the claim as part of their due diligence. Part of their investigation involved taking the Goldmans’ examinations under oath and produce certain documents. The Goldmans’ attorney asked to postpone the examinations, and they never refused to submit to them. On the other hand, the Goldmans sued State Farm for refusing to pay their claim. State Farm declined to pay their claim on the basis that they did not follow the appropriate procedures spelled out by the insurance policy before they sued State Farm. State Farm did not outright deny the claim either. They objected to payment because the Goldmans did not allow State Farm to complete its investigation. Continue reading →