What are the common defenses used by insurers in an insurance litigation case?

In Florida, insurance litigation cases involve parties pursuing compensation for losses covered by an insurance policy. Common defenses used by insurers in an insurance litigation case include provable fraud, misrepresentation of the accident or injury, and non-disclosure of material facts. Fraud is a commonly used defense when insurers suspect that the person filing the claim may have intentionally misrepresented or exaggerated the facts in order to receive a larger settlement. An example of this could be a person claiming a higher level of injury or greater property damage than was actually sustained. In this case, the insurer would have the burden of proving intentional fraud on the part of the person filing the claim. Misrepresentation of the accident or injury is another defense that insurers may use when the facts surrounding the accident or injury are different from the information provided in the claim. The insurer may be able to prove that the person filing the claim exaggerated the facts or provided incorrect information regarding the nature of the accident or injury. Non-disclosure of material facts is yet another defense used by insurers in insurance litigation cases. This defense is used when the person filing the claim failed to provide information regarding the incident that is considered to be important to the insurer’s decision to pay the claim. This could include any information that the insurer requires in order to properly assess the nature of the loss. In Florida, these are just some of the common defenses that insurers may use in an insurance litigation case. It is important that the person filing the claim is transparent and honest when providing information to the insurer in order to avoid any potential defenses.

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What are the common defenses used by insurers in an insurance litigation case?

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