Gross Shuman Brizdle & Gilfillan, P.C. represents policyholders who have had insurance coverage denied. We represent both businesses and individuals against insurance companies who have wrongly denied coverage, and are known for our aggressive and thorough approach to overturning insurance coverage denials.
Our lawyers have litigated cases throughout the United States in which insurers have disclaimed coverage, only to be ordered by a judge or jury to provide coverage. We also counsel clients following a loss, and before a coverage decision has been made, on how to obtain all of the coverage they are entitled to.
- Fire or Flood Damages: Damages to buildings and personal property caused by fire or flood are calculated by either determining Actual Cash Value or Replacement Cost, depending upon the type of insurance policy you have. If the insurance company has mailed to you a Sworn Proof of Loss, it is crucial that you return it within the time allowed, usually 60 days, or you can lose your coverage. We can help you complete the Sworn Proof of Loss properly. If the insurance company has requested an Examination Under Oath (link), you should consult a lawyer. In an Examination Under Oath, your testimony will be taken by the insurance company's attorney. Insurance companies often low ball their insureds, or claim you do not have coverage due to a coinsurance penalty, ordinance and law exclusion, ordinary wear and tear, or other policy provision. We can help you recover all of the damages you are entitled to.
- Business Income or Business Interruption: If you have lost income due to the destruction of the real or personal property of your business, or have incurred extra expenses following a loss, you may have coverage available to you in your policy. If your insurance company has refused to pay these damages, we can help you calculate and recover your lost profits and expenses you incurred as the result of the loss.
- Material Misrepresentation: Insurance companies sometimes try to rescind coverage by claiming that someone made a misrepresentation in applying for insurance. We have successfully overturned many of these attempts for rescission by knowing how insurance companies make their underwriting and claims decisions and obtaining information the insurance companies don't want you to know about.
- Refusal to defend liability claims or lawsuits: If your insurance company has refused to defend you or your business against a lawsuit filed against you, we can assist you. We will analyze the insurance company's disclaimer or denial letter and advise you whether it is valid.
- Late Notice: Insurance companies may claim that you did not provide timely notice of a loss and deny your coverage. The law has recently changed regarding late notice and we have overturned many of these policy defenses using proven legal strategies.
- Policy Exclusions: Policy exclusions can be confusing. If you insurer has denied coverage based on an exclusion, we will analyze your policies and determine whether the coverage denied was proper.
If you or your business have been denied coverage by your insurance company for a claim or lawsuit against you, or for damages to your business or property caused by fire, flood or any other cause, and you have not been fairly compensated for damage to your business or property, we can help you obtain all of the coverage you are entitled to.