Florida Bad-Faith Insurance Lawyer
When the insurance company is acting unreasonably by delaying the processing of your claim or by denying coverage or benefits, it may be acting in bad faith. The law requires that insurance companies act in good faith and deal fairly with you regarding your policy. When it doesn’t, it can be held liable for the damage caused. At Geyer Fuxa Tyler, we hold insurers across Florida accountable for their bad-faith practices. We work to ensure that our clients receive compensation for the harm done to them.
In the aftermath of a property insurance, Florida hurricane insurance, or any other type of insurance claim, you should be able to expect that your insurance company will conduct an investigation promptly and begin work on processing your claim so that you can receive the compensation you need. However, insurance companies ultimately may deny coverage unreasonably, or delay investigating or processing your claim in order to avoid a payout. In such cases, the insurer could be acting in bad faith. Contact our experienced Florida bad faith insurance lawyer to find out more about how bad faith claims work in Florida.
Recognizing Bad Faith in Insurance Claims in Florida
What does bad faith look like? The following are some examples of actions (or intentional omissions) by insurance companies that may constitute bad faith and allow a claimant to seek compensation through a bad faith lawsuit:
- Failure to investigate an insurance claim in a timely manner;
- Denying a claim that is covered under the policy;
- Misrepresentation of the coverage provided by the claimant’s insurance policy;
- Failure to make a good faith effort to settle a claim; and
- Failure to explain a claim denial.
The state of Florida has statutes (laws) that give policyholders the right to sue an insurer for bad faith. These laws spell out the circumstances under which insurance bad-faith may exist. Under the law in Florida, bad faith insurance includes specific statutory violations of the law by the insurer. The law consists of a host of actions here, including unfair claim settlement practices such as:
Additionally, certain other acts by the insurer may be considered a bad faith insurance practice. These include:
What must I do to pursue a bad faith insurance claim under Florida law?
Unfortunately, the Florida legislature does not make it particularly easy for a policyholder to pursue an insurance bad faith claim.
The law requires that you notify the Department of Financial Services and your insurance carrier of the applicable statutory violation in writing. Then, you must give the insurer 60 days to cure the alleged violations. This procedure is done through the filing of a Civil Remedy Notice (CRN). In this notice, you must clearly state the facts and circumstances surrounding the violation, cite the specific statutory language that shows the violation, and cite any language in the policy that may be relevant to the violation.
This process is generally too complicated for most homeowners to take on alone. That’s why many homeowners reach out to Geyer Fuxa Tyler. At Geyer Fuxa Tyler, our attorneys have decades of experience with legal disputes focusing on insurance. As a result of our knowledge, we can prepare and present a strong claim of insurance bad faith that complies with the law and includes the full amount of compensation for your damages.
What if I have property insurance through Citizens Property Insurance?
Citizens Property Insurance Corporation was created by the Florida legislature to provide windstorm coverage and general property insurance for homeowners who are unable to get insurance on the market.
As a quasi-government entity, Citizens is immune from lawsuits except for certain circumstances, such as willful torts or breach of contract claims. In a landmark decision in May of 2015, the Supreme Court of Florida held that an insured person could not bring a first-party bad faith insurance claim against Citizens.
The law in this area may not be settled, however. There may be other ways to resolve a dispute with Citizens and force the company to play fair with claims. If Citizens denied coverage or benefits on a valid claim, we would be willing to talk to you, look at your claim, and determine whether we can help you.
How a Florida Bad Faith Insurance Lawyer Can Help
A Florida bad faith insurance lawyer can help you to pursue a bad faith claim, and we can provide you with more information about the process and steps you must take in order to hold an insurance company accountable.
Florida law only gives claimants a limited amount of time to pursue a bad faith claim. First, you are required to provide notice in writing to your insurance company called a Civil Remedy Notice. This notice puts the insurer on notice that you are beginning the process of initiating a lawsuit against them. The notice you must provide is complicated, and it requires various facts concerning your situation and citation of the legal language that applies specifically to your bad faith claim. A Florida bad faith lawyer can assist you with all aspects of the claim process, including the details that must be included in the Civil Remedy Notice.
Next, the insurance company has 60 days from the date of your notice to remedy the issue for which you are alleging bad faith. Under relatively recent changes to Florida law, insurance companies are also able to avoid certain bad faith claims by “tender[ing] the lesser of the policy limits or the amount demanded by the claimant.” In short, bad faith law in Florida tends to favor employers, but a lawyer can help you to take steps to hold an insurance company accountable when it is acting in bad faith.
Contact Our Florida Bad Faith Insurance Lawyers
If you filed an insurance claim and the insurance company has acted in any manner that seems unreasonable, unfair, or untimely, it may be possible to file a bad faith claim. While the insurer does have a certain amount of time to cure any bad faith actions, that usually only happens once the insurance company knows that it is facing potential litigation. The firm of Geyer Fuxa Tyler has years of experience representing clients in bad faith claims, and we can speak with you about your options. Contact our experienced Florida bad faith insurance lawyer for more information.