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Why Choose Vargas Gonzalez Delombard, LLP?

Throughout every phase of your general liability insurance dispute, VGD stands firmly at your side—communicating transparently, preparing aggressively, and demanding full accountability from your insurer. Whether your case resolves in negotiation or in court, we ensure that no detail is overlooked and no opportunity is missed to fight for the coverage you’re owed.

What Is General Liability Insurance?

General liability insurance, often referred to as commercial general liability (CGL) insurance, is a fundamental type of business insurance that safeguards policyholders from financial losses resulting from third-party claims. This type of coverage is essential for businesses of all sizes, whether you operate as a contractor, retailer, or property owner, as it addresses the various risks that may arise during day-to-day operations.

At its core, general liability insurance helps cover:

  • Bodily injury to a third party (e.g., a customer slips and falls on your property)
  • Property damage caused by your business operations or employees
  • Personal and advertising injury, such as claims of libel, slander, or copyright infringement

These policies generally cover the cost of legal defense, settlement payments, and court judgments up to the limits stated in the policy.

For example, if someone is injured on your premises and files a lawsuit, your general liability insurance would typically pay for your attorney fees, court costs, and any resulting settlement or judgment, provided the incident falls within the policy’s coverage.

Here’s what you need to know:

  • While general liability insurance is not legally required in Florida, it is often contractually mandated for those working with landlords, clients, or government entities
  • It is also strongly encouraged to protect against the high cost of litigation
  • The U.S. Small Business Administration (SBA) highlights general liability insurance as one of the most common and necessary forms of protection for businesses, especially those interacting directly with the public or operating in high-traffic environments (SBA.gov)
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What Are Some Common Insurance Coverage Disputes in Orlando?

Insurance coverage disputes arise when an insurer refuses to provide defense or indemnification under the terms of a policy. These disputes may concern:

  • Denial of coverage for bodily injury or property damage
  • Refusal to defend a lawsuit filed against the insured
  • Partial payments or undervaluation of claims
  • Disagreements over policy language interpretation
  • Retroactive cancellations or rescissions

Why Is Florida Insurance Coverage Ever Disputed?

Florida presents a particularly challenging insurance environment. The state experiences frequent natural disasters like hurricanes, leading to spikes in property and liability claims. Additionally, high litigation rates and the prevalence of insurance fraud drive insurers to take a more aggressive posture when reviewing or denying claims. As a result, even legitimate claims may be met with pushback or rejection, making it crucial for policyholders to understand their rights and seek legal counsel when necessary. Some of the most common reasons include:

Ambiguous Policy Language

Insurance policies are often written in complex, technical language. When key terms are vague or undefined, insurers and policyholders may interpret them differently. For example, a policy might cover “water damage” but exclude “flood damage,” leading to conflicting interpretations over what actually caused the loss.

Exclusions and Limitations

Most policies contain numerous exclusions that limit coverage. Insurers may deny a claim by asserting that the event falls under one of these exclusions—such as intentional acts, mold, wear and tear, or construction defects—even when the circumstances are debatable.

Claim Complexity

Some claims involve multiple parties, overlapping policies, or complicated factual scenarios. For instance, a liability claim involving a business, a subcontractor, and a third-party injury may raise questions about which policy applies and to what extent.

Bad Faith Conduct

In some cases, insurers act in bad faith by delaying, denying, or underpaying claims without reasonable justification. Florida law recognizes a cause of action for bad faith when insurers fail to settle claims fairly, as required by Florida Statutes § 624.155.

Post-Loss Underwriting and Rescission

After a claim is filed, insurers may scrutinize the application and use alleged omissions or misstatements to cancel the policy retroactively, a practice known as post-claim underwriting. This tactic can unjustly strip policyholders of coverage after a loss has occurred.

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What to Expect with an Orlando Insurance Coverage Dispute

At Vargas Gonzalez Delombard, LLP, we follow a strategic, step-by-step approach designed to protect your rights and maximize your recovery:

  • Review of the Policy: We conduct a thorough analysis of your insurance policy, including endorsements, exclusions, and declarations, to determine the scope of your coverage. This helps us identify whether the insurer’s denial has any legitimate basis or is in violation of the policy terms.
  • Investigation: Our team collects and analyzes all relevant documents, including the original claim, adjuster reports, emails, policy correspondence, and photographs or video evidence. We may also consult with industry experts to evaluate the extent of damages or liability.
  • Pre-Suit Negotiation: Before jumping into litigation, we work to resolve the dispute through demand letters and settlement discussions. Many insurers are willing to negotiate once they see you're represented by experienced counsel who understands insurance law and litigation tactics.
  • Civil Remedy Notice: If the insurer has acted in bad faith—by failing to investigate the claim properly, delaying payment, or denying coverage without cause—we file a Civil Remedy Notice with the Florida Department of Financial Services. This notice formally allows the insurer to correct its conduct within 60 days, as Florida Statutes § 624.155 requires.
  • Litigation: If the insurer fails to act reasonably, we file a lawsuit on your behalf to pursue breach of contract and, where appropriate, a bad faith claim. We prepare every case as if it will go to trial, which increases leverage in negotiations and often leads to favorable settlements.

When Should You Contact an Insurance Dispute Lawyer?

You should reach out to a Florida insurance dispute attorney if:

  • Your insurer denies your claim without an adequate explanation
  • Your claim is being delayed with no reasonable updates
  • You're facing a lawsuit, but your insurer refuses to defend you
  • You're offered a low settlement that doesn’t match your damages
  • You receive notice of policy cancellation after a claim is filed

Remember, waiting too long could impact your ability to file suit under Florida’s statute of limitations.

Who Can Be Held Liable in General Liability Disputes?

General liability insurance disputes can be complex, and determining who is legally responsible often depends on the source of the issue—whether it's a wrongful denial, a misrepresented policy, or an act that triggered the claim.

In Orlando, several parties may be held liable in the course of a general liability insurance dispute:

  • The Insurance Company: The insurer is the most common party held accountable if it denies coverage without valid justification, delays payment unreasonably, undervalues your claim, or fails to provide a defense in a lawsuit when required.
  • Third Parties: If another person or entity caused the injury, damage, or triggering event, they may be named in the underlying liability claim. For example, a subcontractor who caused a workplace accident could be partially or fully liable, depending on the facts. These parties may also become involved in disputes over indemnification or contribution between insurance carriers.
  • Insurance Agents or Brokers: Insurance professionals may be held liable if they misrepresented coverage, failed to disclose important policy exclusions, or neglected to obtain the proper type or amount of insurance. For instance, if an agent promised your general liability policy would cover employee injuries—but it doesn’t—you may have a claim against that agent for negligence or professional malpractice.

When these parties are held liable and the dispute is resolved in favor of the policyholder, potential recoveries may include:

  • Full Payment of Covered Damages: Compensation for the losses originally claimed, including third-party injury or property damage.
  • Attorney’s Fees and Court Costs: Florida law allows for the recovery of reasonable legal expenses in many insurance-related lawsuits under § 627.428.
  • Interest on Delayed Payments: If payment was unreasonably withheld, interest may be awarded from the date the payment should have been made.
  • Punitive Damages: In cases of egregious bad faith or intentional misconduct, courts may impose punitive damages to deter future violations.
  • Declaratory Judgments: A court can issue a legal ruling interpreting the policy’s language and declaring the scope of coverage, helping resolve current and future disputes.
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FAQ's

How Do I File an Insurance Claim in Florida?

How Much Does It Cost to Hire an Insurance Dispute Lawyer at VGD?

How Long Does an Insurance Company Have to Settle a Claim in Florida?

How Do I Appeal an Insurance Claim Denial?

What Is a Duty to Defend in a General Liability Policy?

What Is the Difference Between a Denial and a Reservation of Rights?

Can I Recover Damages for Emotional Distress in a General Liability Insurance Dispute?

What Is a Declaratory Judgment in Insurance Litigation?

How Do I File an Insurance Claim in Florida?

Start by notifying your insurer in writing as soon as possible. Submit all required documentation, including incident reports, photos, and witness statements. Always keep copies of all communications.

How Much Does It Cost to Hire an Insurance Dispute Lawyer at VGD?

We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. There are no upfront costs.

How Long Does an Insurance Company Have to Settle a Claim in Florida?

Under Florida Statutes § 627.70131, insurers must acknowledge receipt of a claim within 14 days and pay or deny it within 60 days of receiving proof of loss, barring extraordinary circumstances.

How Do I Appeal an Insurance Claim Denial?

You can:

  • Request a written explanation.
  • Submit a formal appeal with supporting evidence.
  • File a complaint with the Florida Office of Insurance Regulation (FLOIR).
  • Contact VGD to initiate legal action for wrongful denial or bad faith.

What Is a Duty to Defend in a General Liability Policy?

The "duty to defend" means that your insurance company must provide legal defense if you're sued for something potentially covered by your general liability policy, even if the lawsuit is groundless. This duty is broader than the "duty to indemnify" and requires the insurer to cover attorney fees and court costs. Florida courts state that an insurer must defend the entire lawsuit if any claim is potentially covered.

What Is the Difference Between a Denial and a Reservation of Rights?

A denial occurs when your insurer refuses to cover your claim. A reservation of rights means the insurer will process your claim while retaining the right to deny coverage later, often indicating a potential dispute over coverage.

Can I Recover Damages for Emotional Distress in a General Liability Insurance Dispute?

Damages for emotional distress are usually not covered by standard general liability policies unless linked to bodily injury or personal injury claims. However, Florida courts may permit recovery for emotional distress in bad faith insurance cases if the insurer acted harmfully, intentionally, or recklessly.

What Is a Declaratory Judgment in Insurance Litigation?

A declaratory judgment is a court order that clarifies the rights and obligations under an insurance policy. It resolves coverage uncertainties without waiting for a related lawsuit. It's particularly useful when insurers reserve rights or when policy language is conflicting.

Your Policy Promised Protection. We Help You Enforce It.

If you’re facing a denied or disputed general liability insurance claim, now is the time to act, not later. At Vargas Gonzalez Delombard, LLP, our team combines courtroom experience with deep knowledge of Florida’s insurance code to give policyholders a legal edge against aggressive insurers. We've successfully represented clients across the state in cases involving complex policy language, bad faith conduct, and high-stakes liability claims. Our attorneys stay current on evolving statutory requirements and industry practices, and we collaborate with trusted experts when necessary to build strong, evidence-backed cases. Book a free consultation today to discuss your rights and explore your options with a team you can trust.

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