Hey everyone, this is Your Insurance
Attorney Anthony Lopez, from Marin Eljaiek, Lopez and Martinez and today we’re going
to be talking about can I get more than my policy limits from the insurance
company. That’s a great question and it’s a very complex question because the
answer is not easy so for purposes of discussing the question and breaking it
down, I think it’s important we focus on homeowners residential claims okay
because as all of you know there’s different types of insurance. There’s
auto, there’s commercial, there’s boat, so let’s just focus on for purposes of this
question, residential homeowners claims. So if you look at what’s called your
declarations page of your policy, which is typically the first page, you’ll
notice it says in big black bold letters the top-center typically declarations
page and underneath it it’ll have specific coverages allocated based on
your premium and next to each coverage amount will be a letter. So let’s talk
about coverage “A” because that’s the most typical coverage that homeowners are
dealing with. What is coverage “A”? Well first of all, coverage A deals with the
dwelling. In other words, this is the amount of coverage that your policy
provides for damages to the home, the dwelling, the structure itself. Next to
coverage A, there will be an amount. Depending on how expensive your home is,
there the number will be higher or lower But let’s for purposes of an example use
the coverage amount of $200,000. So my clients will sometimes ask me say you
know Anthony my gosh the insurance company’s been dragging me through the
mud. It’s been three years you know they denied coverage there they
you know they didn’t pay me enough money I want to go out
for more than the policy limits. In Florida, there’s a mechanism that allows
you to do that and essentially what you have to do is file what’s known as a
civil remedy notice. Okay and a civil remedy notice is actually something that
you can access online yourself. You can type in Google: Florida Civil Remedy
Notice and you’ll be taken to a website where you can set up a username and
password and basically you yourself can fill out your information, your policy
number, your date of loss, your home address and you can tell the state of
Florida exactly what the insurance company did to you. So once this civil
remedy notice is filed, the insurance company then has the opportunity to
respond to it but the important thing is the filing of the civil remedy notice
because no matter what the insurance company responds, the filing of the civil
remedy notice is what is the condition preceded. That in other words, the thing
that you have to do before you can ever hope to go after your insurance carrier
beyond policy limits. There’s another thing that has to happen before you can
go after your insurance carrier for beyond policy limits so after this
filing of the civil remedy notice, you then have to file a lawsuit or have to
win your underlying lawsuit for the damages that were sustained by your home.
What does that mean because it sounds very complicated. So in other words, if
your insurance company wrongfully denied your claim or didn’t pay you enough
money, you have to have sued them and won and had your civil remedy notice file
and then after those two things happen you can then pursue your carrier for
damages beyond your policy limits. There are a lot of hoops to jump through. The
state legislature legislature didn’t make it easy but this is something that
we deal with at my office and we’re familiar with it. We deal with it all the
time. We will file a civil remedy note for our clients to set the cases up so
that when we do prevail with our clients have the option to go after the carrier
for beyond policy limits. I know this is a complex segment. If you have any
questions or concerns feel free to reach out to us. Share, like, comment and feel
free to email or you know call us with any questions. Again I’m Your Insurance
Attorney Anthony Lopez. Have a great day you