Q&A: Insurance Claims

Stabinski & Funt, P.A. is a full service law firm that has been servicing the South Florida community since 1970. It has handled cases for thousands of individuals and businesses in the area as well as hundreds of property damage insurance claims caused by the hurricanes that devastated Florida in 2004 and 2005.

Todd Stabinski is a managing partner at Stabinski & Funt, P.A. He is also head of the firm’s insurance litigation department. Here are his answers to some of the most frequently asked question about its firm and insurance claims.

Q: What kind of legal services does Stabinski & Funt, P.A. provide?
A: Over the years our primary focus has been on two practice areas: insurance disputes and personal injury. However, with the growth of our firm, we have
been able to provide our clients with legal advice and services in most areas of law. We currently have a team of ten attorneys, all from different backgrounds.
Chances are, we have the skills and resources to help with most legal issues.

Q: What are some examples of insurance disputes that people may have?
A: The most common dispute our clients have with their insurance companies after they make a claim is the amount of payment they receive. Obviously, the less money an insurance company has to pay on a claim, the more money the insurance company makes. It is in the insurance company’s best interest to achieve this objective. Therefore, sometimes an insurance company will ignore details of a claim thereby decreasing the amount of its payout. Other times, it will look for an excuse to deny the claim entirely. So this means in order to get all money due and/or pursue the denial of the claim you must file a lawsuit against your insurance company.

Q: Is this true for all types of insurance claims?
A: Whether we are dealing with property, hurricane, auto, life, disability or other types of insurance, the games that insurance companies play are the same. Shaving off dollars from claims can translate into millions in extra
revenue for the insurance company.

Q: In 2005, Hurricanes Wilma and Katrina caused a lot of property damage in South Florida. If someone still has damages that have not been paid by their insurance company, is it too late to do something about it?
A: No, it is not too late. However, it soon will be. Florida law allows a policy holder to file a lawsuit against its insurance company for up to five years after the date of loss. In the case of Hurricane Wilma, the deadline to file suit is October 24, 2010. If the damage sustained is from Hurricane Katrina, the deadline to file suit is August 23, 2010.

Q: What if your insurance company gave you a check and you cashed it already, does that affect your ability to go after the part of the claim it did not pay?
A: Not at all. When an insurance company provides you a check for a claim you made, you are expected to cash it. The insurance company wants you to cash it, even if you do not agree with the amount and intend to pursue receiving more money. Many people hold on to checks from their insurance companies when they don’t agree on the amount paid. They are afraid to cash the check because they think it will prevent them from getting more money in the future. However, this is not true.

Q: How big of an insurance claim does someone need to have in order to get an attorney involved?
A: Thanks to the Florida Legislature, a knowledgeable attorney can help with any size claim. If a person or company files a lawsuit against their insurance company and prevails, per Florida law, they are usually entitled to get their lawyer’s fees paid by the insurance company. This allows Stabinski & Funt P.A. to take on claims from a $100 to millions.

Q: What if you are not able to recover any more money for a client, does the client still need to pay your fees for the filing of the lawsuit?
A: Absolutely not. If for any reason we are not successful in obtaining a client more money from the claim, the client is not responsible for any of our attorney’s fees or costs. There are many people who don’t realize they have nothing to lose and so much to gain.