So An Insurance Company Sued You.
A declaratory judgment action is a lawsuit where the court must declare what rights the parties have. When it comes to insurance, this comes down to one thing:
Can the insurance company avoid paying?
The Complaint for Declaratory Judgment probably says that the insurance company is “unsure of its rights.” But, you can be sure that a Declaratory Judgment Lawsuit means that the insurance company doesn’t want to pay for the claims made against you or your business.
So, what do you do now?
In Florida, you have twenty days from when you were served with the Declaratory Judgment Complaint to respond to the lawsuit. If you don’t respond in time, a default can be entered against you and you can lose the case automatically. (If a default has already been entered, there sometimes are ways around it. But the longer you wait, the harder it becomes.)
Then, if you don’t want to lose your insurance coverage, fight the lawsuit.
How We Help
If your insurance company has filed or threatened to file a declaratory judgment action against you or your business, we can help you understand what you're facing and represent you against the insurance company.
Under Florida law, when you win a declaratory judgment action against your insurance company, your insurance company may have to pay your attorneys’ fees and costs spent fighting the insurance company's lawsuit.
If you’d like to talk about how we can help you if you’ve been sued by your insurance company, please call Jason Herman at (813) 803-2111 or send an e-mail to schedule a good time to talk.