RESTORATION AND REMEDIATION PROFESSIONALS


Overview

Often times, when disaster strikes a home or business, restoration and remediation professionals are the first ones on the scene. In an effort to simplify the process for the already burdened home or business owner, many restoration and remediation companies permit the home or business owner to execute an agreement, referred to as an "assignment of benefits," whereby the restoration/remediation company is permitted to bill the claimant's insurance company directly.

This arrangement eliminates the need for policyholders to pay the cost of restoration and remediation services up front, and then seek reimbursement of those costs from their insurance company. However, sometimes the insurance company refuses to pay the restoration/remediation company for the full value of the work performed. Even worse, sometimes the insurance company denies the claim altogether. That is where we come in.

At Kuhn Raslavich, P.A., we believe that every business deserves to be paid in full for the services they perform. This is especially true when the provider is coming to the aid of a home or business owner after a fire, water or wind event. If you believe that an insurance company has treated you unfairly, call in your disaster professional. At Kuhn Raslavich, you mitigate, we litigate.

The Law You Need To Know

When an insurance company refuses to honor its obligations under an insurance policy, the insurance company has breached its contract. When those obligations are owed to the policyholder, the insurance company's breach is known as a "first-party" breach. In this scenario, the policyholder can bring a claim against the insurance company. This type of claim is known as a "first-party claim." When a restoration or remediation company receives an assignment of benefits from the policy holder, the company steps into the shoes of the policyholder. As an assignee, the restoration or remediation company can then bring a "first-party claim" against the insurance company if the insurance company refuses to pay the company in full for services performed.

So what's the big deal about "first-party claims"? Florida Law, specifically Section 627.428, Florida Statutes, provides for "fee-shifting" in first party insurance disputes. This means that if we recover money from an insurance company on your behalf, the insurance company must also pay the associated attorney's fees. In other words, we do not take a dime of your recovery. Instead, the insurance company pays you for your services and pays us for ours. Win, lose or draw, we never charge you any fees or costs.