Switch to ADA Accessible Theme
Close Menu
Daytona Beach Injury Lawyer
Contact Us For a Free Consultation
Google Translate Schedule Your Case
Evaluation Now!
Daytona Beach Lawyers > Blog > Property Damage / Insurance > Homeowners Property Damage Litigation: Taking Your Insurer To Court

Homeowners Property Damage Litigation: Taking Your Insurer To Court


While insurance companies promote themselves as being ‘on your side’, the fact is that dealing with them often proves challenging. Fine print in your policies and disputes over denied claims  can leave you wondering what you pay thousands of dollars in insurance premiums for anyway. It is important to be aware that you do have rights in dealing with insurers and their representatives. If they engage in unfair, deceptive, or downright fraudulent practices, you can take them to court. Find out your options in terms of litigation.

Reasons To Sue Your Homeowners Insurance Company

The insurance industry is highly regulated. In order to offer homeowner’s insurance and other types of policies, they must comply with both state and federal laws. The Florida Statutes contain provisions for everything from insurance contacts to the types of coverage offered and rates. When insurers fail to comply, you may have the right to file a lawsuit against them. The following are common reasons for homeowners insurance property damage litigation:

  • Failure to adhere to the terms of the policy: Your insurance policy serves as a contract between you and the insurer. While they may deny your claim due to policy limitations, exclusions, or failure to adhere to the appropriate practices and provisions, you have the right to dispute a denied claim or other problems, either through an insurance company appeal or through a lawsuit filed in court.
  • Engaging in deceptive practices: Insurers must be clear and transparent in dealing with policy holders. Using hard to decipher language, hiding clauses in insurance contracts, or otherwise taking deceptive actions with the intent of excluding you from coverage, preventing you from getting payouts, or otherwise denying claims could entitle you to file a lawsuit.
  • Fraudulent activity: It is important to deal only with reputable insurance companies that have a valid license to offer coverage to residents in our area. Unfortunately, even if you are vigilant, it is still possible to get duped. In addition to facing criminal charges, fraudulent insurance companies can be held liable in a lawsuit.

Filing A Lawsuit Against Your Insurer

If you suspect your insurer is engaged in unfair, deceptive, or fraudulent practices, you have the right to file a complaint against them through the Florida Division of Consumer Services. You may also be entitled to file a civil lawsuit, seeking compensation for property damages, legal costs, and other costs you incur. One of the first steps in filing a lawsuit against your insurer involves assembling all relevant documents. This includes:

  • Copies of your insurance policy;
  • Copies of any filed claims;
  • Any correspondence you have received from the insurance company;
  • Documents, photos, and other evidence, detailing the damages in your case. 

Let Us Help You Today 

Want to find out more about your rights in filing a lawsuit against your property damage insurer? Reach out to Bundza & Rodriguez. To request a consultation, call or contact our Daytona Beach property damage attorneys online today.

Facebook Twitter LinkedIn