What is the difference between insurance appraisal and litigation?

Appraisal is used to resolve disputes over the value of damages, while litigation addresses broader legal issues such as coverage denial or bad faith conduct by the insurer.

NO FEE UNLESS WE WIN

Insurance Dispute & Litigation Lawyers: Fighting Unfair Claim Denials

Q: How long do I have to sue my insurance company?

Deadlines vary by state and the type of claim involved. Insurance policies may include shorter notice or filing requirements. It is best to consult an attorney as soon as possible after a denial or dispute.

Serving Louisiana, Florida & Colorado

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Injured? Get a FREE Consultation!

You paid your premiums. You filed your claim. Then the insurance company said no, or offered far less than the damage is worth.

This isn’t the end of your claim. This is where we come in to help you.

At Godbey Giardina Law Group, our insurance dispute and litigation attorneys fight for policyholders across Louisiana, Florida, Colorado, and Mississippi who are being shortchanged by their carriers.

As an insurance dispute law firm, we know the tactics insurers use and we understand the statutes that hold them accountable. No upfront fees. We only get paid if we recover for you.

Call now or schedule a free claim audit before deadlines affect your rights..

Has Your Insurance Company Acted in Bad Faith?

When you file a property damage claim, your insurer owes you more than a check. They owe you a timely, honest, and thorough review of your loss. When they fall short of that standard, it may not just be poor service. It may be insurance bad faith, which is a legal violation that can entitle you to damages well beyond your original claim amount.

If your carrier has treated your claim unfairly, we can review your situation at no cost and tell you exactly where you stand.

Common Signs Your Claim Is Being Unfairly Handled

Watch for these red flags after filing a property damage, health, life, or disability claim:

Unreasonable delays in communication or payment. Your insurer is required to respond and act within timeframes set by state law.
Inadequate investigation of the damage. A drive-by inspection, a desk adjuster who never visited your property, or an estimate based on outdated pricing tables are all warning signs that your loss was not taken seriously.
Lowball settlement offers that do not cover repairs. If the number your insurer offers does not match what licensed contractors are quoting, something is wrong.
Misrepresentation of policy language or coverage. Insurers sometimes tell policyholders that damage is excluded when, in fact, the policy covers it.

If any of this sounds familiar, do not accept a denial or a low offer without speaking to an attorney first. See our full practice areas for a complete look at how we can help.

Our Areas of Experience in Insurance Litigation

We handle complex insurance disputes for homeowners, commercial property owners, and individuals across Louisiana, Florida, Colorado, and Mississippi. Here is a breakdown of what we litigate.

Residential Property Damage Claims

Homeowners in the Gulf Coast, the Rocky Mountains, and the Sunshine State face some of the most severe weather in the country. Hurricanes, hailstorms, wildfires, and flooding can cause catastrophic losses. When your insurer disputes or minimizes that loss, we fight back.

Our residential property damage litigation covers:

Storm, hurricane, and windstorm disputes. We represent homeowners from coastal Louisiana and Mississippi to hurricane-prone Florida communities where claims are routinely underpaid after major weather events.
Fire, smoke, and arson investigation defense. If your insurer is using a suspected arson investigation to delay your payment or reduce your payout, we can challenge that tactic directly.
Water damage and mold growth litigation. Water damage claims are frequently disputed over questions of origin and timing. We work with experienced inspectors to establish the facts and fight exclusion arguments that do not hold up under your policy language.

Commercial and Business Insurance Disputes

A denied or delayed claim does not just affect a building. It can shut down your operations, cost you revenue, and put your employees at risk. Our commercial litigation team understands those stakes.

We handle:

Business interruption and lost revenue claims. If covered physical damage forced you to close or reduce operations, you may be entitled to compensation for that lost income. We pursue the full scope of your economic loss, not just the structural repair costs.
Commercial general liability (CGL) defense. When coverage disputes arise involving your CGL policy, we review the policy language, the claim record, and the insurer's conduct to identify your strongest path forward.
Construction defect and developer insurance disputes. Disputes involving defect claims and insurance coverage can be layered and complex. We untangle those layers and litigate on your behalf.

Life, Health, and Disability Insurance Denials

Losing coverage when you or a loved one needs it most is devastating. We represent policyholders and beneficiaries who have been wrongfully denied benefits they were promised.

ERISA vs. non-ERISA claim litigation. Whether your policy is employer-sponsored and governed by federal ERISA law, or a private policy subject to state law, the litigation approach is very different. We identify which framework applies and build your case accordingly.

Wrongful death benefit denials. Families who have lost a loved one should not have to fight for what they are owed. We handle life insurance benefit disputes with the care and urgency these situations require.

The Litigation Process: What to Expect When You Sue Your Insurer

Most people have never taken legal action against an insurance company. The process can feel unfamiliar. Here is what it typically looks like when we take your case.

Phase 1: Policy Audit and Proof of Loss Review

We start by reading your insurance policy the way your insurer reads it, word by word, with attention to coverage grants, exclusions, conditions, and deadlines. At the same time, we review all documentation related to your claim, including the adjuster's report, your proof of loss submission, any communications from the insurer, and any repair estimates you have received.

Phase 2: Demand Letters and Strategic Negotiation

Insurers may treat claims differently when they know a law firm with courtroom experience is involved. We send a formal demand outlining the full scope of your covered losses, the legal basis for your claim, and the consequences of continued bad faith conduct under applicable state law. This step often opens the door to a fair resolution without filing suit. If it does not, we escalate.

Phase 3: Filing the Lawsuit and Discovery

If negotiation fails, we file. Once your case is in litigation, we enter the discovery phase, where we can compel the insurer to produce internal communications, claim notes, adjuster guidelines, and other records they would prefer to keep hidden.

Phase 4: Mediation, Appraisal, or Trial

Most cases resolve before trial, but we prepare every case as if it will go before a judge or jury. That preparation is what earns better settlements.

Depending on your policy and the dispute, resolution may come through mediation, a formal appraisal process, or a full trial. We explain the pros and cons of each path and let you make the final call. Our job is to give you the clearest picture possible of your options and then fight hard for whichever route you choose.

See case outcomes and results from our past litigation to understand what we have achieved for clients in similar situations.

Why Experience Matters: Recovering More Than Just Your Claim

There is a meaningful difference between negotiating directly with an insurer, working with a public adjuster, and hiring an insurance litigation attorney. Here is what litigation can put on the table that other options cannot.

Bad faith damages. In Louisiana, Florida, Colorado, and Mississippi, state statutes allow policyholders to pursue compensation beyond the face value of their claim when an insurer acts in bad faith. That can include penalty interest, penalty damages, and other statutory remedies. A public adjuster cannot access these. An attorney can.
Attorney fees and costs. Several states have statutes that require the insurer to pay your legal fees if you prevail in a bad faith action. This means fighting back may not cost you anything extra, even after litigation.
Punitive damages. In cases involving particularly egregious insurer conduct, courts in some jurisdictions will award punitive damages designed to punish the carrier and deter similar behavior. When the facts support it, we pursue them.

Our bad faith attorneys will evaluate whether your situation qualifies for these additional remedies during your free case review.

$1,487,500

RECOVERED

Hurricane Ida School Board Case Settlement.

$7,904,044

RECOVERED

Commercial property damage case where client originally received $69,500.00.

$4,800,000

RECOVERED

18 wheeler accident in Louisiana.

Deadlines vary by state and by the type of claim involved. Your specific policy may include shorter notice or filing requirements. Contact us as soon as possible after a denial or dispute so we can protect your rights before any deadline passes.

In most cases, yes. Accepting a partial payment does not automatically waive your right to recover the full amount owed under your policy. Insurers sometimes frame a check as a "final settlement," but whether that language is binding depends on many factors. We review these situations carefully before advising clients on their options.

Appraisal is a dispute resolution process built into many property insurance policies. It is often a good option when the main dispute is about the dollar amount of the damage rather than whether the claim is covered at all.

Litigation, by contrast, opens the full range of legal remedies. If your insurer denied coverage, acted in bad faith, or misrepresented your policy, appraisal alone will not address those issues. We help clients determine which path makes sense given the specific facts of their claim.

Schedule a Free Insurance Claim Audit Today

If your insurance company has denied, delayed, or underpaid your claim, you have more options than they want you to know about.

At Godbey Giardina Law Group, we offer a free insurance claim audit for policyholders across Louisiana, Florida, Colorado, and Mississippi. There is no cost to speak with us. There is no fee unless we recover compensation for you.

Our attorneys are ready to take on your insurer so you can focus on rebuilding.

Call 954-302-8115 or fill out our contact form to schedule your free review today.

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Homeowners (Residential Property Damage)

Commercial Property Owners (Commercial Property Damage)

Injury (Personal Injury / General Practice Areas)