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Lilly, O'Toole & Brown Blog
Lilly, O'Toole & Brown BlogHurricane Insurance Claim
HURRICANE VICTIMS OFTEN SUFFER AT HANDS OF UNETHICAL ADJUSTERS
The hurricanes of 2004 devastated tens of thousands of homeowners and their families in central Florida. But for many, the shoddy treatment and lack of professionalism shown by insurance adjusters was worse than the storms themselves. Unfortunately, far too many insurance adjusters forget that Florida law imposes ethical obligations on them when dealing with policy holders with insurance claims.
Our firm has handled hundreds of insurance claims on behalf of homeowners, and we have held insurers and their adjusters accountable for their actions.
So, what are these ethical obligations?
First and foremost, Florida law requires insurance adjusters to put the “fair and honest treatment of the claimant” above the adjuster’s (and the insurance company’s) own interest, in every instance. In other words, when an adjuster deals with an insurance claim, he is obligated to do what is best for the claimant. Most adjusters fulfill this obligation and truly try to take care of their claimants. On the other hand, many adjusters believe their highest priority is to save the insurance company’s money, which results in claims improperly denied, or in payouts that fall far short of the damages suffered by the claimants.
Also, an adjuster is prohibited from approaching investigations and settlements in a manner that is prejudicial to the claimant. In doing so, the adjuster is obligated to make truthful and unbiased reports after a complete investigation. An adjuster must handle claims quickly and diligently, not let them drag out for months or years. (Is your jaw dropping yet?)
Another failing that we have seen in our lawsuits against insurers is that many adjusters fail in their ethical obligation to advise claimants of their rights under their policies. Insurance policies are very complex and tricky, and the average homeowner can’t make heads or tails of what’s in the policy. The adjusters, on the other hand, know the policies inside and out, and often fail to tell claimants about various benefits and coverages that may be available in some policies, but which aren’t obvious to the homeowner (e.g., debris removal, mold remediation, code upgrades). As a result, claimants can end up with far less than they are entitled to.
The bottom line: If you have an insurance claim, the adjuster is supposed to be working for you and maximizing the benefits you recover. If your adjuster is adversarial or discourages you from making certain claims, then something is wrong, and you should consult with an attorney.
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- HOMEOWNER'S INSURANCE: ARE YOU REALLY COVERED?
- Florida Property Insurers Face Possible Class Action over Broken Promises
Hurricane Insurance Claim
- 9 Must Read Tips for Safeguarding the Outside of Your Home
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- Deputy's Delay in Reporting Murder Tip Prompts Settlement
- Large Blaze Consumes Auburndale Flea Market
