Can My Homeowner’s Insurance Company Deny My Claim If My Own Negligence Caused the Damage?

If your home was damaged due to your own negligence, there’s a good chance that your insurance company will dispute your claim. For example, if you made negligent repairs or if you did not take reasonable measures to prevent damage to your property, you might run into problems when you file a claim.

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However, just because your insurance claim was denied does not necessarily mean that you should accept the decision. Keep in mind that your insurance provider is a business, and it has financial incentive to deny your claim or to pay you the lowest possible settlement. If you believe that your insurer wrongfully denied your claim, you may have grounds for a bad faith lawsuit against your insurance company.

Attorney Michael D. Leader can evaluate your situation to determine if your case has merit. Mr. Leader is an insurance claims lawyer in Fort Lauderdale with a reputation for tough litigation and a strategy for winning substantial settlements and verdicts for his clients. Call 954-523-2020 to schedule a free initial consultation at Leader & Leader P.A.

Does the Insurance Company Have the Burden of Proving That My Loss Is Excluded from My Policy?

Yes. Initially, you will have to prove that your insurance policy covers your claimed loss. You will also have to prove that the loss occurred while your policy was active and that the amount of your claimed loss falls within the amount that your policy covers. However, after establishing these facts, the insurance company has the burden of proving that your specific loss is excluded from the policy.

If My Lawsuit against My Insurance Company Is Successful, Will My Insurer Have to Pay My Attorneys’ Fees?

Yes. Under Florida law, if you have to file a lawsuit against your homeowner’s insurance company to enforce your rights, you are entitled to have them pay your attorneys’ fees and costs associated with doing so.

My Insurance Company Has Not Responded to My Claim – What Should I Do?

Call an attorney as soon as possible. Your insurance company is required by law to provide you with notice of the approval or denial of your claim within a reasonable amount of time. Failure to provide prompt responses to a covered claim may constitute insurance bad faith.

What If There Are Ambiguities in the Language of My Insurance Policy?

Because your insurance company wrote the policy, the court will most likely interpret any ambiguities in your favor. As previously mentioned, your insurer has the burden of proving that your specific loss is not covered by the policy.

If you were a victim of insurance bad faith in Florida, contact Leader & Leader P.A. Our lawyers have more than 80 years of combined experience, and we will compassionately represent your interests.

Call 954-523-2020 to arrange a free initial consultation with an insurance attorney in Fort Lauderdale. Our office is available 24 hours a day, seven days a week.



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They help the little guy and bring justice
They help the little guy and bring justice
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