Sued Without Insurance Coverage: What to Do (Florida)

2. Florida Legal Context

Florida insurance law distinguishes between:

• Duty to defend (broader): An insurer must defend if the complaint’s allegations potentially fall within policy coverage.
• Duty to indemnify (narrower): The insurer pays only for covered liability proven or settled.

If there is no policy or a valid denial, you must still comply with civil procedure (e.g., 20‑day answer deadline after service; discovery duties). Even without insurance, you may have other protection:

• Contractual indemnity or defense rights from vendors, landlords, or contractors
• Additional insured status under another party’s policy
• Fee‑shifting statutes or Proposals for Settlement to create leverage

Florida’s fraudulent transfer laws prohibit hiding assets to avoid creditors—plan defenses and resolutions lawfully.

3. Real-World Application

Typical scenarios:

• A small business is sued for breach of contract; the CGL policy excludes pure contract claims.
• A professional faces an economic loss suit; there’s no E&O policy or it lapsed.
• A homeowner is sued for a property line dispute not covered by a homeowners policy.
• An insurer sends a denial; meanwhile, the 20‑day response clock is running.

We act immediately to avoid default, assess defenses, and explore alternative coverage or indemnity.

4. Why It Matters for Clients

Without insurer‑funded counsel, the risk of default judgment, fee exposure, and asset collection rises. Strategic early moves—extensions, targeted motions, and calibrated settlement efforts—can reduce defense costs and outcome risk. Poor steps (e.g., ignoring deadlines or moving assets) can make things worse and expose you to separate liability.

5. How Our Law Firm Can Help

We provide rapid triage and defense planning:

• Deadline control: file appearances, secure extensions, prevent defaults
• Coverage sweep: review all policies (CGL, E&O, D&O, EPLI, homeowners, umbrella) and contracts for defense/indemnity and additional‑insured status
• Defense strategy: challenge jurisdiction/venue, move to dismiss vague or barred claims, and narrow discovery
• Settlement leverage: use Proposals for Settlement (§ 768.79) and cost‑of‑defense arguments to resolve early
• Financial exposure planning: lawful asset‑risk assessments and payment solutions; no fraudulent transfers

6. FAQs (Frequently Asked Questions)

Q1: Should I still notify my insurer if I think there’s no coverage?
Yes. Tender the claim immediately; the insurer must confirm or deny defense. If they deny, you keep a paper trail and preserve rights.

Q2: What if the insurer issues a “reservation of rights”?
That means the insurer will defend for now but may later deny payment. We monitor conflicts and, where appropriate, seek clarity on coverage.

Q3: Do I have more time to respond if there’s a coverage dispute?
No. Coverage negotiations do not pause your litigation deadlines. You typically have 20 days to respond after service in state court—act fast.

Q4: Can I move assets to avoid a judgment?
No. Florida’s fraudulent transfer laws can undo transfers and create new liability. We use lawful strategies to manage risk.

Q5: What if I can’t afford a full defense immediately?
We can stage work, pursue early dispositive motions, explore settlement, and structure payment solutions while protecting your position.

Q6: Can I recover my fees if I win?
Sometimes. Fee recovery depends on a statute, contract, or a successful Proposal for Settlement. We evaluate these options early.

7. How to Retain Our Law Firm

Depending on the case type, we offer different retainer options such as:

• 1-Hour Strategy Consultations: A high-impact session with the litigation attorney to assess your legal issues, review documents, answer questions, develop a legal roadmap and provide litigation budget. Consult Fee: $500.00 for the first 1-Hour.

• Traditional Initial Retainer: Pay an upfront initial retainer, and we bill at an hourly rate. Once the initial retainer is exhausted, we require an additional retainer. Retainer amount varies on a case-by-case basis.

• Hybrid Paid Retainer: Pay an upfront initial retainer, and we bill at an hourly rate. Once we exhaust the initial retainer, you pay a flat monthly rate until the conclusion of the case.

• Hybrid Contingency Retainer: Pay a one-time upfront initial retainer, the remaining attorney compensation will be received as a contingency once the case concludes. 

• Flat Fee Retainer: In certain circumstances, we may offer a flat fee litigation retainer. 

• Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program). If you are a business and sign up as a BELAW Member (read below), you will receive initial litigation retainer and attorney fee discounts. Depending on your membership tier, our members may receive 50% to 100% waiver of the initial retainer.

All consultations are available in-person, by phone, or virtually. At the time of the consultation, you will officially be provided with the retainer options.

8. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

• On demand strategic legal consultations with Attorney Gil Sanchez
• Document review and compliance audits
• Guidance on contracts, leasing, employment, and liability
• Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
• Proactive legal support to mitigate lawsuits and reduce risk exposure
• Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
• Entrepreneur coaching and a growing library of business education resources
• Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

• Call or text us at (813) 254-1777
• Or fill out the secure contact form below

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A member of our team will respond promptly to schedule your consultation.

9. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

• Call or text: (813) 254-1777
• Email: info@blackrocklaw.com
• Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

10. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez, a seasoned litigator who has been trying cases in courtrooms across Florida since June 2004.

Gil practices in Florida state courts and in all three Florida federal districts, with jury trial experience in both state and federal court. He has litigated against some of the largest corporations in the United States, securing justice for both individuals and businesses as plaintiffs and defendants.

Over the past two decades, Gil has successfully handled a broad spectrum of civil and commercial litigation matters, including breach of contract, fraud, negligence, business disputes, consumer rights, real estate conflicts, torts, and more. His exposure to over 10 different areas of law gives him a rare, multidimensional perspective that most trial lawyers lack — allowing him to quickly identify issues, craft compelling arguments, and outmaneuver opposing counsel.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida, one of the country’s top public institutions. His unique blend of legal experience, business acumen, and real-world insight makes him not just a lawyer — but a powerful legal strategist.

Gil has been featured on CNN, ABC’s 20/20, and other major media outlets for his role in high-profile litigation. He’s also played a part in shaping Florida law, having helped pass legislation protecting the unborn — a testament to his ability to fight not only in court but also in the legislative arena.

Beyond the courtroom, Gil is a successful entrepreneur, licensed business broker (since 2007), adjunct professor of entrepreneurship, patented inventor, and bilingual advisor fluent in Spanish. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his ability to connect legal, business, and personal insight means clients get more than just legal counsel — they get a trusted partner.

Most importantly, Gil is a spiritual family man — a husband and father of three — whose values of empathy, integrity, and tenacity drive every case he takes.

11. The Law Firm’s Geographical Reach

We proudly represent people and businesses across Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

12. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.