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Why Choose Vargas Gonzalez Delombard, LLP?

Vargas Gonzalez Delombard, LLP, represents individuals and businesses throughout Florida when insurance companies refuse to honor their obligations. Our firm brings extensive trial experience in both Florida state and federal courts and handles a wide range of general liability insurance disputes, including claims involving hospitality operations, construction-related incidents, and complex commercial liability matters. With a bilingual legal team and a strong understanding of Florida’s diverse business landscape, we are well-equipped to take on even the most powerful insurance carriers when necessary.

What Is General Liability Insurance?

Commercial General Liability (CGL) insurance is designed to protect businesses from claims brought by third parties, including:

  • Bodily injury, such as slip-and-fall accidents involving customers or visitors
  • Property damage, including damage to leased or occupied spaces
  • Personal and advertising injury, such as defamation, libel, or certain intellectual property claims

These policies generally provide coverage for legal defense costs, negotiated settlements, and court-awarded judgments, subject to the policy’s stated limits.

Across Florida, general liability coverage is often a contractual requirement imposed by clients, property owners, or government entities, especially in industries such as:

  • Construction
  • Hospitality
  • Event-based operations

The Florida Department of Financial Services also encourages businesses to maintain CGL coverage as a key tool for managing exposure to legal and financial risk.

Common Insurance Coverage Disputes in Florida

Policyholders throughout Florida frequently encounter insurance coverage issues such as:

  • Claims for bodily injury or property damage being improperly denied
  • Insurers refusing to provide a legal defense when a lawsuit is filed
  • Unreasonable settlement offers or prolonged delays in payment
  • Coverage disagreements tied to policy exclusions, including assault, pollution, or mold
  • Retroactive cancellations or rescissions of coverage

Given Florida’s robust tourism industry, ongoing construction activity, and extensive coastal and maritime operations, many general liability disputes involve layered insurance policies, multiple contractors or carriers, and complicated questions of shared or cross-border liability.

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Why Are Insurance Disputes So Common in Florida?

Frequent Storms and Flood Exposure

Florida’s climate creates ongoing risk for insurers and policyholders alike. Hurricanes, tropical storms, and severe rainfall often result in complex claims, especially when multiple causes of damage are involved.

Disputes often arise over:

  • Whether damage was caused by wind, flood, or a combination of both
  • Which policy applies when different coverages are triggered
  • The scope and value of covered losses following major weather events

These distinctions are critical and frequently become the basis for coverage disagreements.

A Highly Litigated Insurance Market

Florida consistently ranks among the most litigious insurance markets in the country. This environment has pushed many insurers to take a more defensive approach to claims handling, which can result in:

  • Increased claim denials
  • Delayed investigations or payments
  • Aggressive challenges to coverage and damages

For policyholders, this often means disputes are necessary just to secure promised benefits.

Ambiguous or Broad Policy Language

Many insurance disputes stem from unclear or overly broad policy provisions. Common issues include:

  • Vaguely worded exclusions and endorsements
  • Conflicting interpretations of coverage terms
  • Insurer reliance on technical language to limit payouts

Under Florida law, ambiguous insurance provisions are generally interpreted in favor of the policyholder, yet insurers frequently contest this principle in practice.

Strict Procedural Requirements for Bad Faith Claims

Florida imposes specific steps before an insurer can be sued for bad faith. Policyholders must comply with these requirements to preserve their rights, including:

  • Filing a Civil Remedy Notice (CRN) with the Florida Department of Financial Services
  • Allowing the insurer a statutory period to correct the alleged misconduct
  • Strictly following notice and timing rules to avoid dismissal of the claim

These procedural hurdles make experienced legal guidance especially important in Florida insurance disputes.

How We Can Help

At Vargas Gonzalez Delombard, LLP, we take a structured, transparent approach to insurance coverage disputes, guiding you through each stage of the process:

  • Policy Analysis: We conduct a detailed review of your insurance policy, including all endorsements, exclusions, and coverage provisions.
  • Claim Evaluation: Our team examines claim records, supporting evidence, and all communications from the insurer to identify improper handling or coverage gaps.
  • Pre-Litigation Resolution Efforts: When possible, we pursue resolution through formal demand letters and strategic negotiations with the insurance carrier.
  • Civil Remedy Notice Filing: If insurer bad faith is at issue, we prepare and file a Civil Remedy Notice in accordance with Florida Statutes § 624.155.
  • Litigation: When negotiations fail, we are prepared to pursue claims for breach of contract and bad faith in state or federal court in Florida.

Throughout the process, we prioritize clear communication and aggressive advocacy, keeping you informed as we work to recover the full compensation your policy provides.

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When to Contact a Florida Insurance Dispute Attorney

Strict statutory deadlines govern Florida insurance claims. Waiting too long to seek legal guidance can permanently bar your claim, even if it is otherwise valid.

Breach of Contract (Insurance Policy Claims)

  • Time limit: Five years from the date of the breach, which is often the date the claim was denied or underpaid.
  • Legal basis: Florida Statutes § 95.11(2)(b).
  • Florida law requires that actions based on written contracts be filed within five years, making early evaluation critical.

Bad Faith Insurance Claims

  • Time limit: Typically five years, measured from the underlying breach of the insurance contract.
  • Legal basis: Florida Statutes § 624.155; Blanchard v. State Farm Mutual Automobile Insurance Co. (Fla. 1991).
  • Although § 624.155 does not list a specific limitations period, Florida courts have held that bad faith claims accrue after a contractual breach and are therefore subject to the five-year deadline under § 95.11(2)(b).

Civil Remedy Notice (CRN) Requirement

  • Mandatory step: A Civil Remedy Notice must be filed before pursuing a statutory bad faith lawsuit.
  • Cure period: Insurers have 60 days from the date the CRN is filed to correct the alleged misconduct.
  • Legal basis: Florida Statutes § 624.155(3)(d).
  • Failure to properly file or allow the cure period can result in dismissal of a bad-faith claim.

Property Insurance Claims (Including Hurricane Losses)

  • Time limits (as of 2023):
    • One year to file a new or reopened claim
    • Eighteen months to submit a supplemental claim
  • Legal basis: Florida Statutes § 627.70132.
  • These deadlines apply to residential properties and certain commercial residential properties, such as condominiums and apartment complexes.

Why Timing Matters

Florida courts enforce insurance deadlines rigorously. Claims filed outside the applicable limitations period—or bad faith actions pursued without a valid Civil Remedy Notice—may be dismissed with prejudice. That means losing the right to recover benefits altogether, regardless of the merits of the claim. Seeking legal counsel early helps ensure your rights are protected and deadlines are met.

Who May Be Held Responsible?

In a Florida general liability insurance dispute, accountability may extend to one or more parties, including:

  • Your insurance carrier, for wrongful denial, delay, or underpayment of benefits
  • Third parties, such as vendors, subcontractors, or other negligent actors whose conduct triggered the underlying claim
  • Insurance agents or brokers, when coverage problems stem from procurement errors, inadequate advice, or misrepresentations

When legal action is successful, potential outcomes may include:

  • Recovery of the full value of covered losses under the policy
  • Payment of attorneys’ fees and litigation costs pursuant to Florida law, including § 627.428 where applicable
  • Interest on benefits that were improperly delayed or withheld
  • Additional damages in cases involving insurer bad faith
  • Declaratory relief clarifying coverage obligations and future rights under the policy
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FAQs About Missouri General Liability Insurance Disputes

How do I file a general liability insurance claim in Florida?

What does it cost to hire Vargas Gonzalez Delombard, LLP?

How long does an insurer have to pay a claim in Florida?

Can I challenge a coverage denial based on policy exclusions?

Does general liability insurance cover injuries on rented property in Florida?

Can I be added as an additional insured on someone else’s policy in Florida?

Is general liability insurance required by law in Florida?

Does general liability insurance cover intentional acts?

What if my claim involves a foreign party or international vendor?

What if the insurer claims my loss falls under a “professional liability” exclusion?

What if I didn’t realize my policy had lapsed?

How do I protect my rights during an insurance dispute in Florida?

How do I file a general liability insurance claim in Florida?

Notify your insurance carrier as soon as possible, in writing. Submit all required documentation, respond to information requests promptly, and maintain a clear record of every communication related to the claim.

What does it cost to hire Vargas Gonzalez Delombard, LLP?

We handle insurance dispute cases on a contingency fee basis. You do not pay legal fees unless we recover compensation on your behalf.

How long does an insurer have to pay a claim in Florida?

Under Florida Statutes § 627.70131, an insurer generally must pay or deny a claim within 60 days after receiving proof of loss, unless factors beyond its control reasonably prevent payment.

Can I challenge a coverage denial based on policy exclusions?

Yes. Florida law requires exclusions to be interpreted narrowly. Coverage denials based on overly broad or misapplied exclusions can often be challenged successfully.

Does general liability insurance cover injuries on rented property in Florida?

Most CGL policies provide premises liability coverage for injuries occurring in leased commercial spaces. Disputes may arise over injuries in shared or common areas or where lease provisions shift responsibility. Both the policy and the lease must be reviewed to determine coverage.

Can I be added as an additional insured on someone else’s policy in Florida?

Yes. This is common in construction, property management, and event-related contracts. However, additional insured endorsements are interpreted strictly under Florida law, making precise contractual language essential.

Is general liability insurance required by law in Florida?

Florida law does not require private businesses to carry general liability insurance by statute. Nevertheless, it is frequently mandated by contracts with landlords, municipalities, or clients. Operating without coverage can expose a business to significant financial risk.

Does general liability insurance cover intentional acts?

Generally, no. Most policies exclude intentional or criminal conduct by the insured. However, disputes often center on whether the conduct was deliberate or merely negligent, and whether it still falls within coverage may depend on the facts.

What if my claim involves a foreign party or international vendor?

Florida businesses often work with out-of-state or international vendors. When a liability claim involves a foreign party, jurisdictional and coverage issues can become complex. These cases require careful analysis to determine whether Florida law and courts apply.

What if the insurer claims my loss falls under a “professional liability” exclusion?

This is a common basis for denial. While CGL policies exclude certain professional services, insurers sometimes apply this exclusion too broadly. A detailed review can determine whether the exclusion was improperly invoked.

What if I didn’t realize my policy had lapsed?

If a policy lapsed due to nonpayment, broker error, or improper cancellation, coverage may still exist. Florida law requires insurers to follow specific notice procedures before canceling a commercial policy. Failure to comply may render the cancellation ineffective.

How do I protect my rights during an insurance dispute in Florida?

To preserve your claim and legal options, it is important to:

  • Keep thorough, dated records of all insurer communications
  • Avoid recorded statements without legal guidance
  • File a Civil Remedy Notice if insurer bad faith is suspected
  • Meet all policy deadlines, including proof-of-loss and mitigation requirements
  • Seek legal advice early, especially before responding to denial or reservation-of-rights letters

Taking these steps can help safeguard your ability to recover benefits and pursue all available remedies under Florida law.

Stand Up to Insurance Delays, Denials, and Unfair Practices

Vargas Gonzalez Delombard, LLP advocates for businesses and professionals throughout Florida in complex, high-stakes insurance disputes. If your commercial general liability claim has been denied, your insurer has refused to provide a legal defense, or your policy was wrongfully canceled, our team is prepared to take action to enforce your coverage and pursue the benefits you are entitled to receive. Contact us today to schedule a free, no-obligation consultation.

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