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What is mediation?

Most insurance policies have progressive steps known as, “duties of an insured”. Once a claimant submits all the required documents, forms, estimates, property, inventory loss forms, and anything that supports their claim, the insurer has a duty to investigate and seek a resolution. If you can agree that the damage is covered, your main argument is the amount of a claim, and you don’t have or want to use the appraisal clause policies that will have other forms of arbitration built into them. One potential condition is the mediation clause. 

The State of Florida pays for the process and provides its own appointee to serve as a neutral mediator. This is sometimes a requirement by way of the insurance policy terms and conditions, other times it is voluntary. Your insurance policy dictates whether the results are binding based on your policy in most cases they are not. This generally does not prevent loss victims from suing their property insurer if an amicable resolution is not found. 

Preparing for mediation is a precursor for litigation. If your file is proper and all your forms are in line then your open insurance claim dispute will settle. This allows loss victims to keep their claim costs low, and avoid the traditional 40% taken by attorneys not including experts and filing costs. Suing your insurance company should be the absolute last thing a person does.A resolution of an insurance claim is always a compromise by all parties and establishing claim amounts is, in large part, opinion driven. We build every client’s claim package with the understanding that our product may be the difference maker when seen by a jury. Insurance companies see that and decide to cut their losses by just paying the valid claim. The secret to a claim is patience, experience, and attention to detail.

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