Homeowners in Miami understand that they need comprehensive coverage in order to protect their investments from natural disasters and accidental damage to their homes. When there is an event that leads to destruction to part or all of the home, the homeowner often is at a loss about how to proceed to get the funds necessary to repair the damage. Frequently, these homeowners rely on the information that they receive from the adjusters who assess damage to a property and make claim recommendations to the insurers. However, there are times when the adjuster acts in such a reckless manner that the individual may be liable for the harm suffered by the homeowner during the course of the claims process. This liability is separate from the case that exists against the insurance company and is part of the changing way that courts are reviewing individual fault.
When you have taken the appropriate steps to insure your property and then your claim is denied or mishandled, the skilled Miami homeowners’ insurance attorneys at Greenberg Stone and Urbano will work to get you the compensation to which you are entitled. Our knowledgeable attorneys have more than 130 years of experience in obtaining the coverage that responsible homeowners deserve.
In most cases, the agent or adjuster of an insurance company is not liable for any damages suffered by the homeowner after a claim is denied or the payments are limited because they are not part of the contract that is formed between the homeowner and the insurance company. However, there may be circumstances where the actions of the adjuster are so egregious that it is possible to pursue a legal action against the adjuster.
An adjuster’s role in the insurance process is to come to the site of the damaged property and document the extent of the damage and how it happened. In most cases, the adjuster is not going to be held personally liable if there is a problem with the claim because there was an error in the treatment of a claim. There are indications that the law is changing in many states. The justification for the evolving law is that the adjuster should be held responsible for the tortious acts that were completely within his control. The outcomes often are based on an analysis of laws separate from the contract liability that exists between the homeowner and the insurance provider.
A homeowner relies on his insurance policy to protect the value of his property. An adjuster, along with every other individual associated with the issuance of the policy and the handling of any claims, owes a duty of proper care to the homeowner. When that duty is breached, it is important to examine every potential remedy, including pursuing actions against specific individuals.
In most cases where the homeowner has been wronged by the actions of the insurance company, the legal action will be brought against the company and not any individual employees or agents of the insurer. However, it is important for a homeowner to pursue every possible avenue of relief and the knowledgeable homeowners’ insurance attorneys at Greenberg Stone and Urbano will investigate every potential source of liability in order to get the best possible results for our clients.
Greenberg Stone and Urbano Works Tirelessly for Homeowners
Insurance companies will collect premiums for years and then turn around and deny or limit a claim when a person has experienced damage to his property. The Miami homeowners’ insurance law firm of Greenberg Stone and Urbano has spent more than 30 years getting the right results for diligent homeowners who did the right thing to protect their families’ assets and then suffered harm after submitting a claim. Our commitment to clients and dedication to optimizing outcomes has led to an AV rating from Martindale Hubbell. The Miami Herald also 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 you the coverage that you deserve.