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Miami Homeowners’ Insurance Attorneys Discuss Strict Liability

Homeowners throughout South Florida have homeowners’ insurance in order to cover any damages that might occur through natural disasters, personal accidents, or other events that were not the result of an intentional destructive act. When this type of damage happens, the homeowner will file a first party claim and the insurance company will examine the merits of the claim and then make a payment or deny the claim. However, there are other claims that might be made against a person’s insurance based on the theory of strict liability. These third party claims can lead to a payment on the claim or a denial that can leave the homeowner on the hook for the damages.

When a person who has diligently made payments on an insurance policy intended to offer protection for one of the most important assets that a person may have has a claim denied, the results can be devastating. The skilled Miami homeowners’ insurance attorneys at Greenberg Stone and Urbano are ready to go to battle to obtain the coverage that our clients deserve. Our attorneys have more than 130 years of collective experience in getting insurance companies to honor the contracts that they have made with our clients.

A third party liability claim typically is filed when a person who does not reside at a house is injured while on the premises. These claims are managed under the liability provisions of a policy. This coverage is intended to cover the medical bills of the injured person, up to specified limits, as well as pain and suffering, lost wages, and other damages that are directly linked to the harm that was suffered at the home. If the liability limits of the policy are exceeded, then the homeowner may be responsible for any awarded damages that exceed these limits. For some homeowners, an umbrella policy may cover damages above the liability limits of the primary policy.

In most of these third party claims, there must be some type of negligence on the part of the homeowner. This means that the person must have breached a duty of care. However, there are instances where strict liability applies. Strict liability is a legal doctrine that imposes legal liability for any harm done, even if the person held accountable did not act in a negligent or careless matter. This is the case with dog bites in the State of Florida. What this really means is that even if the homeowner did not do anything wrong, there is liability for any harm resulting from a dog bite. Strict liability does not permit the person being held accountable to offer any defenses for the behavior that led to the harm. However, a person may argue that the third party asserting a claim for a dog bite was not lawfully on the property. If an insurance company denies this type of claim, then the injured party may seek legal damages from the homeowner.

Greenberg Stone and Urbano Works to Get Homeowners the Coverage They Need

A homeowner relies on the coverage of an insurance policy in order to pay for repairs and satisfy third party claims. When an insurance provider denies a claim, it can be financially devastating for the homeowner. The Miami homeowners’ insurance law firm of Greenberg Stone and Urbano has represented the rights and interests of homeowners for more than 30 years. We will fight to get you the coverage to which you are entitled. We have earned an AV rating from Martindale Hubbell for our dedication to our clients. In addition, the Miami Herald has voted us one of South Florida’s top-rated law firms. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can get to work for you.

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