Why Choose Vargas Gonzalez Delombard, LLP in Miami?

At VGD, we’re proud to represent individuals and businesses across South Florida when insurance companies fail to deliver. With deep roots in the Miami community and extensive trial experience in Florida’s state and federal courts, we handle general liability disputes ranging from hospitality-related injuries to construction site accidents and defamation claims. Our bilingual team understands the cultural and legal nuances of insurance disputes in a multilingual, global-facing city like Miami, and we’re ready to stand up to even the largest insurers.

What Is General Liability Insurance?

Commercial General Liability (CGL) insurance protects businesses against third-party claims involving:

  • Bodily injury (e.g., customer slip-and-falls)
  • Property damage (e.g., damage to rented space)
  • Personal and advertising injury (e.g., libel or copyright violation)

These policies typically cover your legal defense, settlements, and court judgments, up to the limits specified.

In Miami, general liability insurance is frequently required in contracts with clients, landlords, or municipalities, particularly for construction, hospitality, and event-driven businesses.

The Florida Department of Financial Services encourages businesses to carry CGL policies to mitigate legal risk.

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Common Insurance Coverage Disputes in Miami

Miami policyholders often face the following issues:

  • Denied claims for injuries or property damage
  • Refusal to provide a defense when sued
  • Lowball settlement offers or delayed payments
  • Disputes over policy exclusions (e.g., assault, pollution, mold)
  • Retroactive policy cancellations

Due to the high volume of tourism, construction, and maritime operations in South Florida, many disputes stem from complex scenarios involving subcontractors, multiple insurers, or international liability questions.

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Why Are Insurance Disputes So Common in South Florida?

South Florida is Hurricane-Prone and Flood-Vulnerable

  • South Florida is regularly hit by hurricanes and tropical storms, leading to complex property and liability claims
  • According to the National Oceanic and Atmospheric Administration (NOAA), Miami-Dade is one of the most hurricane-prone counties in the U.S.
  • The Federal Emergency Management Agency (FEMA) also identifies Miami-Dade as a Special Flood Hazard Area, and insurers often dispute whether damage was caused by wind vs. flood (which involves different coverages)

High Litigation Rates in Florida Insurance Markets

  • Florida has some of the highest insurance litigation rates in the country
  • According to Axios, while Florida accounts for only 9% of homeowners’ insurance claims nationally, it generates nearly 79% of the nation’s homeowners insurance litigation
  • This litigious climate causes insurers to more aggressively defend claims, leading to more denials and disputes

Vague or Broad Policy Language

Civil Remedy Notices Are Legally Required in Florida

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What to Expect from a Miami Insurance Coverage Dispute

At VGD, we guide you through a step-by-step strategy:

  1. Policy Review: We examine your policy’s language, endorsements, and exclusions.
  2. Claim Audit: We investigate all supporting documentation and insurer communications.
  3. Pre-Suit Demand: We attempt to resolve disputes through written demands and negotiation.
  4. Civil Remedy Notice: If bad faith is suspected, we file notice as required under § 624.155.
  5. Litigation: If needed, we file suit for breach of contract and bad faith damages in Miami-Dade County courts or federal court.

Most importantly, we keep you informed throughout the process and fight to secure full compensation.

When to Contact a Miami Insurance Dispute Attorney

There are strict time limits for filing claims under Florida law, so don’t wait to seek legal advice.

Breach of Contract (Insurance Policy)

  • Time Limit: 5 years from the date of breach (usually the date of denial).
  • Legal Basis: Florida Statutes § 95.11(2)(b).
  • “Actions on a contract, obligation, or liability founded on a written instrument” must be brought within five years.

Bad Faith Insurance Claims

Civil Remedy Notice Precondition

  • Deadline to File: A Civil Remedy Notice (CRN) must be filed and cured before a statutory bad faith lawsuit can proceed.
  • Cure Period: 60 days after the CRN is filed.
  • Legal Basis: Florida Statutes § 624.155(3)(d).

Property Insurance Claims (Including Hurricane Losses)

  • Time Limit: 1 year to file a new or reopened claim and 18 months to file a supplemental claim (as of 2023).
  • Legal Basis: Florida Statutes § 627.70132.
  • Applies to residential property claims and commercial residential claims (e.g., condos, apartment complexes).

Why Timing Matters

Florida courts strictly enforce these deadlines. Late claims—especially those brought after the 5-year contract period or without a valid CRN for bad faith—can be dismissed with prejudice, meaning you lose your right to recover.

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Who Can Be Held Liable?

In a Miami general liability insurance dispute, possible parties include:

  • Your insurer
  • Third parties, such as vendors, subcontractors, or negligent actors
  • Insurance agents, for errors in policy procurement or misrepresentation

Successful legal action may result in:

  • Full recovery of covered losses
  • Legal fees and costs under § 627.428
  • Interest on delayed payments
  • Potential punitive damages in bad-faith cases
  • Declaratory judgments defining your future rights

FAQ's

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

What does it cost to hire VGD?

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

Can I challenge a coverage denial based on exclusions?

Does General Liability Insurance Cover Injuries on Rented Property in Miami?

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 Says My Claim Falls Under a “Professional Liability” Exclusion?

What If I Didn’t Know My Policy Had Lapsed?

How Do I Preserve My Rights During an Insurance Dispute in Miami?

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

Notify your insurer immediately in writing, provide all necessary documentation, and keep a paper trail.

What does it cost to hire VGD?

We handle these cases on a contingency fee basis—no fees unless we win.

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

Under § 627.70131, insurers must pay or deny a claim within 60 days of receiving proof of loss.

Can I challenge a coverage denial based on exclusions?

Yes. Exclusions are narrowly interpreted under Florida law. We regularly contest overbroad or misapplied exclusions.

Does General Liability Insurance Cover Injuries on Rented Property in Miami?

Most CGL policies include premises liability coverage for injuries in rented commercial spaces. Disputes may arise over whether the injury occurred in a “common area” (which could be excluded) or if lease terms shift liability to the tenant. We review both your lease and policy to clarify responsibility.

Can I Be Added as an Additional Insured on Someone Else’s Policy in Florida?

Yes, this is common in industries like construction, property management, and event planning. However, disputes can arise regarding the applicability of additional insured status, as Florida courts construe these endorsements narrowly. It's vital to use precise language beforehand.

Is General Liability Insurance Required by Law in Florida?

No. Florida does not mandate general liability insurance for private businesses by statute. However, it’s often contractually required by landlords, municipalities, or clients. If you're operating without it, you risk personal or business liability for costly claims.

Does General Liability Insurance Cover Intentional Acts?

Generally not. Most policies explicitly exclude intentional or criminal acts by the insured. That said, disputes often arise over whether an act was truly “intentional” or simply reckless or negligent, which may still be covered depending on the facts.

What If My Claim Involves a Foreign Party or International Vendor?

In Miami, international business is common, especially in shipping, logistics, and hospitality. If your liability claim involves a foreign supplier, vendor, or subcontractor, jurisdiction and coverage issues can become highly complex. We assist with cross-border liability disputes and work to establish Florida jurisdiction where appropriate.

What If the Insurer Says My Claim Falls Under a “Professional Liability” Exclusion?

This is a common tactic. Many CGL policies exclude coverage for services that require professional judgment (e.g., legal advice, engineering work). However, insurers often misapply this exclusion to routine business operations. We can evaluate whether the exclusion was wrongfully invoked.

What If I Didn’t Know My Policy Had Lapsed?

If your policy lapsed due to nonpayment, broker error, or improper cancellation, you may still have a claim. Florida law requires insurers to follow strict notice requirements before canceling a commercial policy. If they failed to do so, the policy may still be enforceable.

How Do I Preserve My Rights During an Insurance Dispute in Miami?

  • Keep detailed, dated records of all communication with your insurer
  • Avoid giving recorded statements without legal counsel
  • File a Civil Remedy Notice if bad faith is suspected
  • Comply with all policy deadlines (proof of loss, mitigation duties)
  • Get legal advice early—before responding to denial letters

Stand Up to Insurance Delays, Denials, and Deception

Vargas Gonzalez Delombard, LLP represents Miami businesses and professionals in high-stakes insurance disputes. Whether you’re dealing with a denied CGL claim, a lack of defense in a lawsuit, or retaliatory policy cancellation, we’re ready to help you enforce your policy and recover what you’re owed. Schedule your free consultation today.

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