House on Fire

Property Damage Insurance Claims & Litigation

Whether residential or commercial, an individual or a business, our office is ready, willing, and able to assist you in dealing with your insurance carrier and can step in at any stage of the process. Our office has extensive experience representing insureds who have had their properties damaged by fire, water, collapse, windstorm, hurricane, vandalism, theft, and the like. We are also adept at addressing issues relating to life insurance disputes and disability claims. If your insurance company is unwilling to honor a covered loss, then we will file suit and fight for your rights.


Coverage Analysis

The first step in dealing with any insurance claim is understanding the coverages afforded under your policy. Unfortunately, insurance policies are considered one of the most complicated contracts to understand, and carriers are constantly changing policy language in response to court decisions as to their interpretation. The Aboulafia Law Firm has more than 45 years of combined experience in this field of law and stays abreast of the most recent decisions impacting coverage. Indeed, as reflected in our Noteworthy Decisions, our firm is at the forefront of precedent setting caselaw in policy interpretation. If you are concerned over whether your policy adequately covers you for certain types of losses, then contact our office and we will perform a thorough review of your policy backed by legal research and will explain to you the coverages and exclusions your policy has in place.


Examinations Under Oath

All first-party insurance policies require an insured to cooperate with an insurance carrier’s claim investigation, which often includes an insured having to appear for an Examination Under Oath (“EUO”). An EUO is an out-of-court deposition conducted by an insurance carrier’s attorney where an insured will be asked questions about the claim under the penalty of perjury. Once the carrier has assigned counsel to represent its interests, so too should an insured, and we strongly advise against appearing at an EUO without adequate legal representation.

Having an attorney involved with your claim before a coverage decision is made may increase the likelihood that your claim is paid. It also ensures that your claim is appropriately presented in the event your claim is denied and a lawsuit becomes necessary. We strongly recommend contacting our firm even before a claim is submitted to ensure that your claim is presented in the best possible light.


Insurance Appraisal

As is often the case, where an insured and insurance carrier cannot agree to the scope and extent of the damages sustained by a covered cause of loss either party can invoke the policy’s Appraisal Clause. However, while an insured may demand that a claim proceed to appraisal, a carrier may not willingly agree to do so. Understanding when a claim is eligible for appraisal, and how to enforce your rights is of the utmost importance and the Aboulafia Law Firm can guide you through it.


Insurance Claim Denials

Insurance carriers look for any and every reason to deny a claim, and a denial of coverage should never be accepted at face value. Insurance carriers know that most insureds do not fully understand if/when a particular exclusion applies to bar coverage and takes advantage of that fact. With over 45 years of combined experience in this field of law, at the Aboulafia Law Firm you can rest easy knowing that you have attorneys capable of navigating the ins-and-outs of coverage. If your claim is wrongfully denied, then we will file suit and demand that your claim be paid.

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