Civil Litigation & First-Party Insurance Claims

Aaron O’Brien represents individuals and businesses in civil disputes and lawsuits throughout Southwest Florida.

Someone Sued You. Now What?

Do not ignore it.

A lawsuit comes with deadlines. Failing to timely respond can result in a default being entered against you before the merits of your defense are ever considered.

If you have insurance that may cover the claim, immediately notify your insurance carrier and provide it with the lawsuit. Depending upon the policy and the allegations, your insurance company may have a duty to provide you with a defense and indemnify you against a covered loss.

If there is no applicable insurance coverage—or if the insurance company denies coverage—you may need to retain your own attorney to defend the lawsuit.

Some people also retain Aaron O’Brien to serve as their personal counsel even though an insurance company has appointed and is paying another attorney to defend them.  And for good reason: 

Mr. O’Brien can independently monitor the litigation, keep you apprised of the status of case, evaluate issues affecting you personally, and truly see that your interests are being protected – not just those of the insurance company.

Sometimes You Need to File the Lawsuit

Mr. O’Brien also represents Plaintiffs.

Not every dispute requires litigation. Sometimes a demand letter, negotiation, or other effort can resolve a dispute without going to court.

Sometimes it cannot.

Someone owes you money and refuses to pay.  A person or business fails to honor an agreement.  Property is damaged.  An insurance company refuses to honor its policy.

Or the parties simply reach the point where the dispute cannot be resolved without asking a court or jury to decide it.

Before filing suit, it is important to consider not only whether you are legally right, but what you are trying to accomplish, what evidence exists, what the litigation is likely to cost, and whether a judgment can actually be collected.

Winning a lawsuit and obtaining a good result are not always the same thing.

First-Party Insurance Claims

Sometimes the dispute is with your own insurance company.

You paid the premiums, sometimes for years.  Then when a crash or a loss occurred, your insurance company denied coverage, rescinded or attempted to cancel the policy, disputed the amount of the loss, claimed that something was excluded from coverage, or simply refused to pay what you believe is owed.

You can actually sue your own insurance company.  This is called a first-party insurance claim.  Sometimes, we ask the court for declaratory relief, meaning we ask the judge to declare that the thing we think is covered by the policy is actually covered.

If you received a denial letter from your insurance company or they indicate they will rescind the policy  — that doesn’t necessarily mean that the insurance company is correct.

Insurance policies are contracts.  The policy language matters.  

So does the insurance application, the circumstances under which the policy was issued, communications with the insurance agent, the insurer’s investigation, the stated basis for denying the claim, and the applicable Florida law.

Sometimes insurance companies will try to deny a claim or rescind a policy for “fraud” based on a minor discrepancy in the application.  This is true even when the application, is completed by the insurance company or its agent.

Did the Insurance Company Rescind Your Policy?

A particularly serious coverage dispute occurs when an insurance company claims that the policy should never have been issued in the first place.

After a crash or loss occurs, an insurer may investigate the original insurance application.  They will look for any information was omitted or incorrectly stated. Again, even when the application was completed by the insurance company or its agent.

The company may then attempt to rescind the policy and treat it as though coverage did not exist when the loss occurred.

That can leave you facing not only the loss of your own property, but also the claims by other people arising from the same event.

A rescission should not simply be accepted because the insurance company says a mistake or misrepresentation occurred.

What question was actually asked on the application?

What answer was given?

Who completed the application – and  how?  Was it competed by an insurance agent and the customer simply e-signed on a phone?

Was an insurance agent involved?

What did the applicant tell the agent and in what language?

Not every nitpicky mistake on an insurance application will allow the insurance company to rescind the policy.

Florida law allows for rescission only if the omission or misrepresentation materially affected the acceptance of the risk, hazard assumed, or underwriting decision.

That is generally a matter for a judge or a jury to decide – not the insurance company.

The Insurance Agent May Matter Too

Insurance is often purchased through an agent or agency.  They may have liability, as well.

When a coverage dispute arises because information on an application was supposedly incorrect or incomplete, it may be necessary to determine how that application was actually completed.

I have seen where agents get information from the client via WhatsApp or other strange methods.

Depending upon the circumstances, the conduct of the insurance agent or agency may become an important part of the first party claim or an entirely separate claim.

Aaron O’Brien represents Plaintiffs and Defendants in civil litigation and represents insureds in disputes with insurance companies.  He can evaluate the claim or defense, preserve and obtain evidence, conduct discovery, take and defend depositions, negotiate a resolution, file or defend lawsuits, and he is certainly capable of a jury trial when necessary.

 If you have a civil dispute, have been sued, or your insurance company has denied or rescinded coverage for a claim, contact Attorney Aaron O’Brien to discuss the matter and determine the appropriate next step.