FAQ’s

•  Over 20 years of legal experience and a member of the Florida Bar.
  
•  Firm dedicated to insurance claims for residential and commercial property damage. We are not distracted by any other type of litigation.
  
•  Very knowledgeable on all aspects of litigation as former insurance defense attorney.
  
•  A boutique firm giving you the personalized attention you deserve while handling your delayed, underpaid or denied property damage claim.
  
•  No fees or costs to you upon filing suit.

Under Florida law, if we sue your insurance company for you and win, the insurance company will pay all costs and legal fees. You will not have to pay anything. We pay for the filing of the lawsuit.

Contact us to review your claim. There is no cost to you.

Ideally, for residential and commercial claims, we would like to review:

•  Your insurance policy or copy of declaration page of the insurance policy
  
• All correspondence that you have received from the insurance company, whether it has been a denial, a partial payment or any other correspondence.
  
• An overview of the physical damages to the property, personal property, and any additional living expenses or loss of business you have incured due to the damages.

Call or e-mail us for a free consultation. At your consultation, we will discuss the details of your claim, the legal process and answer your questions.

In any type of property damage, the most important thing is to insure your and your loved ones safety. After your safety is assured:

• Call you insurance company and report the loss.
  
•  Make temporary repairs to protect the property from further damage.
  
•  Document, document, document. Take photos and videos of the damage, preferably before making the temporary repairs, during the temporary repairs and after the temporary repairs.
  
•  Keep all receipts. Try not to pay in cash so that you have proof of payment. If you do pay for temporary repairs in cash make sure to get a receipt with the company letterhead.
  
•  Get expert advice. The insurance company and their adjusters do not represent you.

Most policies list duties that the insured must do in the event of a loss. In general,

•  Give the insurance company prompt notice of claim;
  
•  Notify police in case of loss by theft;
  
•  Protect property from further damage;
  
•  Prepare inventory of damaged personal property;
  
•  Assist the insurance company in the investigation of the claim, promptly responding to insurance company requests.

This is not a complete list and policies have different requirements. The Law Offices of David Yon can help you ensure you have complied with your duties so that you do not jeapordize your claim.

In exchange for paying your insurance premiums you are owed various duties by the insurance company. Some of the duties include:

• Promptly sending an adjuster to survey the damage and investigate your claim.
  
• Conduct a thourough investigation of the damage.
  
• Promptly pay your claim based on the policy coverage.

Florida law protects homeowners rights during the claim process and sets standards for insurance companies in the handling of a homeonwer's claim. Some of the provisions for homeowners are that you shoud,

1. Receive from your insurance company an acknowledgment of your reported claim within 14 days after the time you communicated the claim.
2. Upon written request, receive from your insurance company within 30 days after you have submitted a complete proof-of-loss statement to your insurance company, confirmation that your claim is covered in full, partially covered, or denied, or receive a written statement that your claim is being investigated.
3. Within 90 days, ..., receive full settlement payment for your claim or payment of the undisputed portion of your claim, or your insurance company’s denial of your claim.

If your insurance company has not complied with any of these laws, contact the Law Offices of David Yon for a free consultation on your claim.

Public Adjusters represent you and can assess your damages, prepare an estimate for repairs and negotiate a settlement with your insurance company. In many cases, a lawsuit may be required in order to fully recover the amount owed under an insurance policy. Public Adjusters are not attorneys, therefore, you may need the assistance of a qualified insurance claims attorney at some point during the claims process to represent you in a court of law. The Law Offices of David Yon works side by side with Public Adjusters to assist their clients in litigation against insurance companies.

An examination under oath (EUO) is a formal proceeding during which you, the insured, are questioned under oath and in the presence of a court reporter by the insurance company. This is to prevent instances of fraud, to permit you to testify about the loss and to prove if there is loss for missing, destroyed and stolen property or evidence. When facing an insurance company, it is often important to have a lawyer present to ensure that your rights are protected and that the insurance company is not taking advantge of you. The attorney for the insurance company does not represent you. Call us for a free consultation if you are required to participate in an Examination Under Oath (EUO).

In order to guard their profits, many insurance companies engage in deceptive practices to underpay, delay payment or deny your claim. Under the law in Florida, bad faith insurance includes specific statutory violations of the law by the insurer. The following are some common examples:

•  Failing to property investigate the claim.
  
•  Misrepresenting a coverage-related policy provision.
  
•  Denial of a claim for an invalid or nonexistent reason.
  
•  Unreasonable delay in investigating a claim and delivering payment.

The Law Offices of David Yon can evaluate your claim to determine any bad faith on the part of the insurance company and recommend the appropriate actions.

A Civil Remedy Notice (CRN) is a notification to the Department of Financial Services and your insurance company that there has been bad faith actions by the insurance company during the handling of your insurance claim. The CRN must specifically state the facts and circumstances surrounding the violation, cite to the specific statutory language that shows the violation, and cite to any specific language in the policy that may be relevant to the violation. This gives the insurer 60 days to cure the alleged violations. The Law Offices of David Yon can prepare and present a strong claim of insurance bad faith that complies with the law and includes the full amount of compensation for your damages.

A notarized statement made by the insured to the insurance company regarding the value of repair to the damages the insured has suffered. Requests for proof of loss should be handled in a timely manner. Insureds need to be familiar with the time requirements of these forms, because strict adherence is often a requirement to successfully proceeding with your claim.