Miami Bad Faith Insurance Litigation Attorneys
Florida law is clear: insurance companies have a duty to settle claims in good faith. Florida law provides a mechanism for policyholders to complain about bad faith conduct and if necessary, sue for money damages. The law is not complicated, but it is strictly construed by the courts and must be carefully followed. Policy owners who do not follow the law carefully will have their claims dismissed by the courts, regardless of whether the insurers acted in bad faith regarding the claims.
At Abraham Law Group, we understand the importance of customer service and responsiveness to client needs, even if your insurance company doesn’t. If you think your insurance company is acting unreasonably or not treating you fairly, let us know. We have years of experience working for and against insurance companies in Florida. If you have a bad faith claim against your insurer, we’ll take the necessary steps to get your claim resolved quickly and efficiently, or we’ll go to bat for you in court and make sure you get the benefits you deserve under your policy and are further compensated for any harm the insurance company’s unreasonable delay, denial or other bad faith conduct has caused.
What Is Bad Faith?
When you file a claim with your insurance company, such as a property damage claim, it’s reasonable to expect that the insurance company might not just take your word for it and send you a check. They have a responsibility to their shareholders to only pay valid claims. The insurance company can lawfully take a reasonable amount of time to investigate the claim and make sure it is valid. This can include reviewing the policy to make sure the claim is covered, reviewing the account to make sure the policy is paid up, and ensuring the policyholder provided enough facts for them to make their determination. If not, they can request additional information or documentation before making their decision.
Bad faith conduct comes in when the insurance company acts unreasonably or for an improper motive. For instance, if they take an unreasonably long time to make a decision or submit request after request for additional information merely to drag out the process, these actions could be considered bad faith. If they deny a claim without a good reason or without providing a reason, they have not fulfilled their statutory duty to settle the claim in good faith.
Florida’s bad faith insurance law (Florida Statutes 624.155) provides a list of bad faith actions that give rise to a civil remedy under the law. These actions include:
- Not attempting to settle claims in good faith when they could have and should have done so, had they acted fairly and honestly toward the insured with due regard for the insured’s interests
- Making claims payments without including a statement setting forth the coverage under which the payments are being made
- Failing to promptly settle claims under one portion of the insurance policy to influence a settlement under other portions of the policy
- Canceling a policy in order to avoid paying the claim
- Failing to settle claims without first doing a reasonable investigation into the claim’s validity
- Misrepresenting whether the policy covers the claim in question
- Denying a claim without providing a reasonable, prompt explanation of the denial in writing
- Refusing to issue a disability or life insurance policy or charging a higher premium solely because the person has the sickle-cell trait or suffers from a severe disability
Pursuing a Civil Remedy Under Florida’s Bad Faith Insurance Law
Florida’s bad faith insurance law gives policyholders the right to pursue a civil remedy (file a lawsuit for money damages) when the insurer has acted wrongly, but the law requires the insured to follow strict procedures before filing a lawsuit. First, the policyholder must provide written notice of the alleged policy violation and give the insurer 60 days to either fix the problem or pay damages. If the insurer hasn’t complied within 60 days, then the policyholder can pursue a civil remedy by suing the insurer for bad faith in court.
Florida courts have held that the notice requirement must be strictly followed, and they have thrown out lawsuits on the basis that the plaintiffs didn’t file the notice correctly. The Florida statute requires the policyholder to comply with the following when it comes to filing the 60-day notice:
- Send the notice to the insurer and the Department of Financial Services
- Use the form provided by the Department of Financial Services
- Specify the statutory provision that was violated
- Specify the facts and circumstances that show the policy was violated
- Identify the name of any individual involved in the violation
- Specify the relevant policy language, if any (this requirement doesn’t apply to third-party claims where the person doesn’t have a copy of the insurance policy)
- Include a statement that this notice is given to perfect the person’s right to pursue a civil remedy if the matter is not settled
If you send this notice and your matter is not satisfactorily resolved within the 60-day window, Abraham Law Group will help you pursue a civil remedy for the insurer’s bad faith. Besides just recovering benefits under the policy, the insurer can also be forced to pay any damages which were reasonably foreseeable as a result of the insurer’s bad faith conduct. The judgment can exceed the policy limits and can include punitive damages in certain situations.
Help With Insurance Bad Faith Claims in Miami
With over 30 years of combined experience litigating claims for and against insurance companies, the lawyers at Abraham Law Group are ready to represent your rights and interests and find the best resolution of your bad faith claim. If you are having trouble dealing with an insurance claim in Miami, call Abraham Law Group at 786-224-4555 for a free case evaluation. There’s no fee unless and until we recover compensation for you.
