Denied Claims & Disputes: The Role of an Orlando Insurance Attorney

Denied Claims & Disputes: The Role of an Orlando Insurance Attorney
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Why Was My Claim Denied?
Bad Faith vs. Unfair Claims
Cases We Handle
At Morgan & Morgan, our attorneys understand that when a policyholder submits a claim to their insurance company, they expect the company will act in good faith and honor the validity of the claim. Disputes often arise after an insurance company denies a seemingly valid claim, many times without a legitimate reason or explanation. Insurance companies generate a greater 

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profit when policyholders do not file claims or fail to collect on those submitted under their policies. Some insurance companies habitually deny claims—regardless of their legitimacy—and will only investigate a claim if the policyholder takes legal action.
At Morgan & Morgan, our insurance dispute attorneys have extensive experience helping clients recover the compensation to which they are entitled. If you are in a dispute with your insurance company—or have a claim that was denied or undervalued—contact us today for a free consultation.
Why Was My Insurance Claim Denied?

Unfortunately, insurance companies often interpret and manipulate the language in their policies to minimize or deny valid claims. Insurance providers have a significant self-interest to protect their cash reserves and to avoid payouts to policyholders. When an insurance company denies or undervalues a claim, they may allege that:
There was a material misrepresentation in the policy itself, excluding coverage for this particular claim.
There was a failure by the insured to pay policy premiums on time, which caused coverage to lapse.
The injury falls outside of the scope of coverage.

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Do I Have a Bad Faith Claim or Unfair Claims Handling Case?
Under Florida law, an insurance company has violated the implied covenant of good faith and fair dealing if it did not act fairly and honestly toward its policyholder in response to a claim.
In many cases, policyholders believe they have a bad faith claim against their insurer if a claim is denied; however, this is a common misconception. It is more likely that, if a claim has been wrongfully denied, a breach of contract or unfair claims denial case should be pursued. In most cases, bad faith claims are handled by our personal injury attorneys, not the attorneys in our insurance dispute department; however, some bad faith claims will fall under the umbrella of our insurance dispute attorneys. It is important to contact our Orlando office to determine which type of claim best fits your situation.
Most states, including Florida, have adopted the Unfair Claim Settlement Practices Act and augmented the law to protect the rights of insured policyholders within the state. Unfair claims handling occurs when an insurance company attempts to avoid paying valid claims or reduces the payment to their own policyholders. Examples of unfair claims handling include fraud, misleading or deceiving a policyholder, neglect or refusal to fulfill a contractual obligation, or conscious wrongdoing by the insurance company.
What Types of Insurance Disputes Does Morgan & Morgan Handle?
At Morgan & Morgan, our attorneys are committed to helping clients settle insurance claims disputes in a wide range of practice areas. The following is a non-exhaustive list of the types of insurance disputes handled by the attorneys in our Florida offices:
Professional Liability Coverage
Homeowners and Business Property Losses
Health Insurance
Car Insurance Coverage
Uninsured Motorist Coverage
Medical Billing
Errors & Omissions Coverage (E&O)
Unfair Claims Handling and Bad Faith
Employee Retirement Income Security Act (ERISA) Claims
Disability Insurance
Personal Insurance Protection
Fire Damage
Hurricane and Windstorm Claims
Life Insurance
If you live in Florida and believe that you are being treated unfairly by your insurance company, please do not hesitate to contact us today to see if an experienced Orlando insurance dispute attorney at Morgan & Morgan can help. Get in touch by filling out our

Florida Business and Commercial Litigation Attorneys

Florida Business and

Commercial Litigation Attorneys

The Business Trial Group represents businesses and individuals on a contingency-fee basis in all types of commercial disputes. Our attorneys are experienced at handling lawsuits involving contracts, construction, employment, intellectual property, probate, real estate, securities, and other complex matters. If you are involved in a dispute that is heading towards litigation, our knowledgeable business attorneys will develop and implement an aggressive legal strategy designed to maximize your recovery, whether through negotiation, arbitration, or trial.
Because the Business Trial Group handles commercial litigation on acontingency-fee basis, you will not pay any legal fees unless we successfully obtain a recovery in your case. Removed from the concerns of hourly billing, our business attorneys are focused on getting our clients results.
To discuss your legal matter with the Business Trial Group's commercial litigation team at no cost and with no obligation, contact us today.

Florida Construction Litigation Attorneys

Florida Construction Litigation Attorneys

Our experienced construction litigation attorneys represent owners, contractors, subcontractors, suppliers and design professionals in disputes arising out of both public and private projects throughout Florida. We represent clients in all types of construction lawsuits, including claims for breach of contract, breach of express or implied warranties, negligence, negligent misrepresentation, deceptive trade practices, and fraud. Our construction litigation team, which includes a Florida Bar Board Certified specialist in construction law, works on a contingency-fee basis, so we only receive a fee if we successfully resolve your case. If you have a construction dispute that you would like to discuss with our attorneys, complete our contact form or call us at 877-667-4265 today.
Which Construction Cases do We Handle?
Construction Defect Lawsuits
Construction defect lawsuits are a common type of construction case in Florida. Construction defect cases often involve 

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allegations of breaches of the implied warranties of merchantability and fitness for a particular purpose. State law recognizes two basic types of warranties – express warranties and implied warranties.
An implied warranty, on the other hand, is an unspoken and unwritten promise by a manufacturer to stand behind its product.
An express warranty is a promise or guarantee regarding the performance, quality, or use of an item. An express warranty is usually a part of a contract for the sale of goods.
Construction defect lawsuits often involve allegations of breaches of the implied warranties of merchantability and fitness for a particular purpose. The implied warranty of merchantability is the seller’s implied promise that the goods sold will perform how they are expected to perform. The implied warranty of fitness for a particular purpose is a promise that a product can be used for some specific purpose.
Our knowledgeable construction attorneys can evaluate your dispute and determine if you have a viable lawsuit for breach of the implied warranties of fitness and merchantability. These construction defect claims are sometimes overlooked because they lie outside the four corners of a construction contract. Our construction lawyers help you recover damages from all legal theories available under state law.
Construction Delay Lawsuits
Our construction attorneys understand that delays in construction projects can have a detrimental effect on the overall profitability of a project. While many construction contracts contain “no damages for delay” clauses, such provisions are generally unenforceable when the delay was caused by fraud, bad faith or active interference. Furthermore, under state law the “willful concealment of foreseeable circumstances that impact timely performance” may also limit the applicability of a “no damages for delay” clause. Our construction lawyers can review the facts of your situation and evaluate the legal options that may be available to you in a construction delay lawsuit. If another party’s negligent or intentional actions caused unreasonable construction delays, you may be entitled to legal relief.
Design Professional, Architect and Engineer Malpractice
Under Florida law, architects, engineers and design professionals are required to use due care in performing work for clients. If you suffered damages because of a design professional’s negligence, our construction malpractice attorneys can help you file a lawsuit. Our construction attorneys handle all types of architect and engineering malpractice cases, including lawsuits involving allegations of:
Defective design
Underestimating costs and expenses
Failure to address issues in a timely manner
Overbilling
Financial damages caused by unreasonable delays

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Failure to supervise a construction site
Failure to comply with building codes, permitting or zoning laws
Failure to comply with specifications and plans as approved by the client
Misrepresentation or omission of an important fact
Architect and engineering malpractice claims generally require expert testimony regarding the applicable standard of care and how that standard was breached. In a professional malpractice suit, the credibility of the expert witness is a key component to winning a case. Our skilled construction attorneys work with leading architectural and engineering experts to help convince juries that the conduct of the architect, engineer or design professional in question did not satisfy the applicable standard of care.
Other Types of Construction Lawsuits
Our construction lawyers also handle cases involving:
Construction delays and interference
Water damage, mold and mildew caused by defective windows or construction products
Breach of construction contract
Defective roofing
Breach of construction warranty
Construction lien foreclosure actions
Insurance coverage disputes, including denied or disclaimed coverage due to late notice
Structural deficiencies, such as cracked or unstable foundations
Construction lien exaggerations claims
Payment and performance bond claims
Electrical and plumbing problems
Environmental issues
Code violations
Extra work claims
Differing site condition claims
Board Certified in Construction Law
The Business Trial Group includes a specialist in construction law who is Board Certified by the Florida Bar. Board certification recognizes an attorney as an expert in construction law and requires an attorney to have special knowledge, skills, proficiency, professionalism and ethics. Less than 1% of all attorneys are board certified in construction law. Our construction attorneys’ ultimate goal is to use their experience and resources to maximize the potential recovery in your case.
What Is the Statute of Limitations for Construction Lawsuits?
A construction defect lawsuit must be filed within four years of whichever occurs most recently:
The date of actual possession by the owner
The date of the issuance of a certificate of occupancy
The date of abandonment of construction if not completed
The date of completion or termination of the contract between the professional engineer, registered architect or licensed contractors and his or her employer.
If, however, a construction lawsuit involves a latent (hidden) defect, the statute of limitations runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In no event can a construction defect claim be filed more than 10 years after the latest of these dates. Because there is a time limit in which construction lawsuits may be filed, it is important that you speak with an experienced attorney as soon as possible.
Morgan & Morgan’s contingency-fee construction litigation attorneys have successfully represented clients in courthouses throughout Florida. In venues such as Orlando, Tampa, Jacksonville, Miami, West Palm Beach, Fort Lauderdale, Fort Myers, Naples, Sarasota, and Tallahassee, our construction attorneys have won a wide-array of construction lawsuits in which millions of dollars were at stake. To find out if you have legal recourse for your construction dispute, complete our contact form or call us at 877-667-4265 today.
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Florida Trust, Estate and Probate Litigation Attorneys

Florida Trust, Estate and Probate Litigation Attorneys

The attorneys in Morgan & Morgan’s Business Trial Group represent individuals who are owed inheritances (such as money, personal property or real estate) under trusts and wills. Our trust attorneys also represent beneficiaries in suits against trustees for mismanagement of assets and breaches of fiduciary duties. In some instances, we are able to resolve will and trust disputes before filing lawsuits. When litigation cannot be avoided, however, our attorneys aggressively assert their clients’ inheritance rights in the courtroom.
Probate litigation and trust disputes can be prohibitively expensive for individuals paying high flat or hourly legal fees for a trust and estate lawyer. At the Business Trial Group, we believe a person’s financial resources should not limit their ability to achieve a just result in important and emotional legal matters. Because our attorneys handle will, trust, and probate disputes on a contingency-fee basis, our clients do not pay any up front legal fees and we do not charge any fee unless we successfully obtain a recovery.
To get in touch with Morgan & Morgan’s trust, estate and probate litigation attorneys today, contact us online or call us at 877-667-4265.

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Types of Trust and Estate Cases We Handle on a Contingency-Fee
Our accomplished attorneys have experience handing a wide range of trust, estate, and probate cases throughout Florida, including lawsuits involving allegations of:
Lack of Mental Capacity to Sign a Will: A person who is creating a will must be of sound mind and have the mental or testamentary capacity to understand the terms of the document. An individual lacks the mental capacity to create a valid will if he or she is not of sound mind at the time the will is signed. Florida courts apply the following three factors to determine if a person has a sound mind when signing a will:
The person signing the will must have a general understanding of the practical effect of the will as executed.
The person signing the will must understand his or her relationship to those family members who will receive property under the will.
The person signing the will must have the ability to understand the nature and extent of the property that is the subject matter of the will.
If a person signed a will or trust agreement while he or she lacked the mental capacity to do so, our trust and estate attorneys may be able to file a lawsuit on behalf of those who were defrauded.
Undue Influence: A will or trust agreement may be invalid if it was created under “undue influence.” State courts have defined undue influence to mean “over-persuasion, coercion, or force that destroys or hampers the free agency and will power” of the person who is creating the will or trust agreement. If a will or trust agreement was created under undue influence, our probate attorneys may be able to file a lawsuit on behalf of those deprived of an inheritance. The lawsuit will seek to invalidate the will and obtain damages against the person who tried to use undue influence to wrongfully receive money or property.
Breach of Fiduciary Duty: Trustees, guardians and personal representatives of estates are considered fiduciaries and, therefore, must act within the highest legal and ethical standards. These fiduciaries are required to administer estates and trusts:

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In good faith
In accordance with state law
In the interests of the beneficiaries
In accordance with the terms of the document
The Florida Trust Code sets forth the following standards of care that are applicable to personal representatives and trustees:
Duty of Impartiality: If there are two or more beneficiaries, a fiduciary must act impartially in administering property, giving due regard to the beneficiaries respective interests.
Duty of Prudent Administration: A fiduciary must administer a trust or estate as a prudent person would by considering the purposes, terms, distribution requirements, and other circumstances of the estate or trust. In satisfying this standard of care, the fiduciary must exercise reasonable care, skill and caution.
Duty to Account: A fiduciary must keep beneficiaries informed of the administration of the trust or estate and periodically provide an accounting of the assets in the trust.
Duty of Loyalty: Fiduciaries must act solely in the interests of the beneficiaries and refrain from actions that could create a conflict between their personal interest and their duties to the beneficiaries.
Our attorneys can hold fiduciaries that fail or neglect to manage assets with the utmost care and professionalism liable for breach of trust or fiduciary duty.
Our trust and estate attorneys also handle lawsuits involving:
Will forgery claims and other challenges to the validity of a will
Mistake in execution
Failure to comply with execution requirements
Interference with testamentary expectancy
Judicial modification of trusts
Challenging a Trustee
Inadequate formalities
Pursuing or preventing termination of trusts
Fraud
Removal of a fiduciary
Surcharge actions
Guardianship disputes
Misappropriation of trust assets
Spousal elective share litigation
Resignation or removal of trustees
Trust reformation or termination
Trust or Will construction
Determination of heirs
In addition to representing individual beneficiaries under trust agreements and wills, our attorneys also represent trustees of charitable and family trusts, as well as executors of estates.
With 17 offices in Florida, Morgan & Morgan is able to handle your trust, estate, or probate lawsuit in venues throughout the state, including Orlando, Tampa, Jacksonville, Miami, West Palm Beach, Fort Lauderdale, Fort Myers, Naples, Sarasota, and Tallahassee. And because our attorneys work on a contingency-fee basis, you will not pay any up-front legal fees and our fee will only come out of the recovery in your case. To speak with Morgan & Morgan’s trust, estate, and probate litigation attorneys, complete our contact form or call us at 877-667-4265 today.
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Lead Contamination in Michigan Tap Water

Lead Contamination in Michigan Tap Water

February 11 2016


Flint, MI: Lead contamination in Flint, MI, has become the subject of a criminal investigation, which according to a spokesperson for the U.S. Attorney's Office in Detroit, now involves the Federal Bureau of Investigation, Federal prosecutors, the U.S. Postal Inspection Service, the U.S. Environmental Protection Agency's Office of Inspector General and the EPA's Criminal Investigation Division.

The lead crisis in Flint is believed to affect as many as 8,000 children under the age of six, who were exposed to unsafe levels 

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of lead as a result of a budget-cutting measure that involved switching the city’s drinking water sources.

Flint is located about 60 miles (100 km) northwest of Detroit. It was under the control of a state-appointed emergency manager when it switched the source of its tap water from Detroit's system to the Flint River in April 2014. However, tests done after the switch revealed that high levels of lead were found in blood samples taken from children in the area. The more corrosive water from the river leached more lead from the city pipes than Detroit water did. Consequently, Flint switched back to its original source last October.

Lead is a toxic agent that can damage the nervous system, and even small amounts can cause serious health problems. Children under the age of 6 are especially vulnerable to lead poisoning, which can severely affect mental and physical development. In children symptoms include developmental delay, learning difficulties, irritability, loss of appetite, weight loss, sluggishness and fatigue, abdominal pain, vomiting, constipation, and hearing loss. Lead poisoning occurs when lead builds up in the body, often over a period of months or years. At very high levels, lead poisoning can be fatal.

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According to a report in the New York Times, “unsafe levels of lead have turned up in tap water in city after city in the US, including Durham and Greenville, N.C., in 2006; in Columbia, S.C., in 2005; and last July in Jackson, Miss., where officials waited six months to disclose the contamination, as well as in scores of other places in recent years.”

Some 18 cities in Pennsylvania were found to have even higher lead levels than Flint, according to a 2014 study by the Pennsylvania Department of Health. The lead exposure rate in Flint, Michigan is 3.21 percent.




Legal Help
If you or a loved one has suffered similar damages or injuries, please fill in the form to the right and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.


Reader Comments
Posted by
Felix A.Baker
on March 7, 2016
We lived in Flint ,Michigan for 5 years ,we started getting sick could not find the reason was not thinking it was the water ,until it was reported on the news .This was after we had to move for health reason to Jackson ,Mississippi .
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Mesothelioma Treatment and Attorneys Help

esothelioma Treatment and Attorneys Help
It is unfortunate fact that peritoneal mesothelioma is often diagnosed late. It is diagnosed when it is quite advanced. Some people may be too ill to cope with intensive chemotherapy. But you can still have treatment to try to relieve symptoms such as pain, weight loss and fluid in the abdomen.
In peritoneal mesothelioma, fluid collects inside your abdomen. If too much fluid collects, it makes your abdomen swell. This can be uncomfortable and heavy.
Check ups
After your treatment has finished, how often you need a check up will depend on the hospitals guidelines, and also on your situation. Tests you might have include
Blood investigations
X-rays
CT scans
You will not have all these tests every time you go to the hospital. But you might be examined at each appointment and you may 

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have a routine X-ray. You will be asked how you are feeling and asked if you have any new symptoms. You may only be offered scans if there is a symptom that you or the doctor are concerned about.
After surgery, it is usual to see the surgeon after about 4 to 6 weeks and then 3 monthly if all is well. After chemotherapy or radiotherapy your check ups will be every 2 months or so at first. You may see your doctor or a specialist nurse. If all is well your outpatient appointments will gradually become less often.

Talking to someone
Many people find their check ups quite worrying. If you are feeling well and getting on with your life, a hospital appointment can bring back all the worry about having cancer. You may find it helpful to tell someone close to you how you are feeling. If you are able to share your worries, they may not seem quite so bad.

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What to do if you have new symptoms
If you are worried or notice any new symptoms between appointments let your doctor or specialist nurse know straight away. You don't have to wait until the next appointment. Your doctor or nurse would rather know if something is worrying you.

You may prefer to talk to someone outside your circle of family and friends. You could try talking to someone at your local church or place of worship. Or someone at a cancer support group who may have been through similar experiences. It is quite common nowadays for people to have counselling after cancer treatment. To find out more about counselling, look in the CancerHelp UK coping with cancer section.
You can look at our list of mesothelioma organisations for people who can help to put you in touch with a support group. Our mesothelioma reading list also has details of books and leaflets about coping with mesothelioma.
What can you tell me about mesothelioma?
When will you know how well the treatment has worked?
What will you be able to tell me?
How often will you see me after treatment has finished?
What should I do if I am worried between appointments?
What side effects will there be?
What stage is it?
Is there a choice of treatment?
How long will treatment last?
Will I have to have any surgery or radiotherapy or chemotherapy?
Are there any clinical trials that you would recommend for me?
What sort of treatment do you recommend?
What is the aim of the treatment?
Is there anything I can do to help reduce the side effects?
Will I be able to have more treatment if the mesothelioma comes back?
Are there any experimental treatments that might help?

Orlando Breach of Contract Attorneys

Orlando Breach of Contract Attorneys

Morgan & Morgan’s Orlando business attorneys have successfully recovered millions of dollars in Florida courtrooms in cases involving breach of contract claims. In addition to recovering monetary damages for their clients, our attorneys have also obtained court orders requiring breaching parties to perform under the terms of a breached contract. Our attorneys have significant experience handling complex contract disputes and are available to represent both individuals and businesses in lawsuits involving:

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Supplier contracts
Commercial leases
Services contracts
Asset-purchase contracts
Loan agreements
Entertainment contracts
Franchise contracts
Buy-sell contracts
Collection of business debts
Construction disputes
Employment matters
Licensing contracts
Because our Orlando contract litigation attorneys work on a contingency-fee basis, our clients are not burdened with hourly billing rates and monthly legal bills. We only receive a fee if we are successful in obtaining a recovery in your breach of contract case, and this fee is generally a percentage of the amount we are able to recover for you. Without the focus on billable hours, our attorneys’ primary objective is to achieve the maximum recovery in every case.
Get in touch with us today if you would like to discuss your legal rights with our Orlando business attorneys,
What Legal Remedies Are Available in an Orlando Breach of Contract Lawsuit?
In most cases, our attorneys pursue claims for money damages or equitable relief on behalf of our clients. Equitable relief is an order from a court requiring a person or company to act or refrain from acting in a certain way.
Monetary Damages
Liquidated Damages: Some contracts contain a liquidated damages provision, which provides a specific, predetermined amount of money that a court can award to the aggrieved party if the contract has been breached. Clauses for liquidated damages are common in real estate and construction contracts, as well as contracts for the sale or lease of business equipment.
Compensatory Damages: Compensatory damages are intended to “make the plaintiff whole” and provide monetary relief

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representing the benefits the plaintiff would have received had the contract not been breached. Compensatory damages may include consequential damages, which are intended to provide compensation for any indirect damages caused by the breach of contract. For example, our attorneys may be able to recover lost profits caused by another party’s failure to perform its obligations under a contract.
In general, liquidated damages provisions in contracts are enforceable in Florida courts if: 1) the damages resulting from the breach are not readily ascertainable; and 2) the amount of liquidated damages provided under the contract is not grossly disproportionate to the actual damages incurred.
What are Attorneys Fees and Costs? The fees and costs of the litigation may be recoverable if such recovery is expressly provided for under the terms of the contract.
Equitable Remedies in Breach of Contract Cases
Specific Performance: In some cases, our attorneys can also seek an order from the judge requiring “specific performance” in a breach of contact lawsuit. If a court orders specific performance, the breaching party is required to fulfill its obligations under the terms of the contract. Specific performance may be granted in cases where monetary damages would not adequately compensate the non-breaching party. For example, if a contract is for the sale of unique goods that cannot be obtained from another seller, a court may issue an order requiring the breaching party to perform under the terms of the contract and deliver the unique goods.
Rescission: Rescission is an equitable remedy that voids the contract. When a judge grants rescission, both sides are generally excused from any further performance under the contact. In addition, any money that had been remitted under the contract is usually returned.
Let us share Our Results in Breach of Contract Lawsuits
The attorneys in Morgan & Morgan’s Business Trial Group have recovered millions of dollars on behalf of clients in Orlando and throughout Florida in breach of contract and business tort lawsuits. For example, our attorneys have:
We have ecovered significant judgments and settlements in lawsuits involving breaches of commercial leases
We have ecovered millions of dollars for clients in cases alleging breach of employment or professional services contracts
We have ecovered hundreds of thousands of dollars on behalf of individuals and small businesses seeking repayment of loans and other contractual obligations
We have successfully represented homeowners associations in Florida seeking damages under association contracts and businesses, including construction companies, for work performed
We have ecovered millions of dollars on behalf of prominent athletes, musicians and entertainers in breach of contract lawsuits
If you believe you may have a claim for a breach of contract and would like to learn more about your rights under Florida law, contact us today to discuss the damages and remedies that may be available to you.
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