You will not necessarily need a free attorney. A statute in Florida provides for attorney fees for any attorney who successfully sues an insurance carrier for coverage or a withheld benefit under the policy. Usually these cases are handled by a personal injury attorney. These attorneys also provide, usually, a free consultation, so do not hesitate to contact some in your area.They will take these types of cases on a contingent fee basis, meaning you will not have to pay upfront or by the hour for their time.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
Sometimes, when an insurer tries to wriggle out of coverage like this, the remedy is to file a special type of lawsuit that we can a declaratory judgment action (dec act, for short). If you would like to, you are welcome to call us and come to our Fort Lauderdale office to go over your policy. If we can't help you, then we can help you find someone that can. Dial 866-INJURED.
Dennis Phillips, Esq.
This type of denial is not uncommon for the insurer you mentioned in your question. Without reviewing all of the facts I am unable to determine whether or not you can make a successful claim for coverage. That being said, I certainly think it is worth having an attorney review the matter for you. Florida has a Statute that providers (in some circumstances) for an insurance company to pay leal fees to a prevailing plaintiff. For that reason, it is likely that a lawyer will spend the time necessary to review your matter without a consultation fee.