Category Archives: Bad Faith
Florida Appeals Court Rules for Policyholder in Bad Faith Insurance Dispute
On January 19, 2018, Florida’s Fifth District Court of Appeal issued an important decision in the case of Philip Landers v. State Farm Florida Insurance Company. This ruling could make it a little bit easier for policyholders to file a bad faith lawsuit in Florida in the future. In this post, our experienced Fort… Read More »
Eleventh Circuit Court: Florida Bad Faith Claims Have Five-Year Statute of Limitations
On January 9, 2018, the United States Court of Appeals for the Eleventh Circuit issued a decision in the case of Waldemar Baranowski v. GEICO General Insurance Company. This dispute arose after an appeal was filed following a ruling from the United States District Court for the Middle District of Florida. The Eleventh Circuit… Read More »
Bad Faith Insurance Claims: What are Consequential Damages?
One of the most important things that you should know about property insurance policies is that, at their core, they are simply contracts. You owe certain responsibilities to your insurer and, in return, your insurer owes you. Under the Florida Insurance Code, the company’s primary duties are to handle your property damage claim fairly,… Read More »
Four Property Insurance Company Practices that Suggest Bad Faith
Under the Florida Insurance Code, property insurance companies have a legal duty to deal with all damage claims using good faith settlement practices. Yet, despite this strict regulation, far too many Florida property insurance companies still act in bad faith. If you have been a victim of an insurer acting in bad faith in… Read More »
You Can Initiate a Bad Faith Claim After Receiving an Appraisal Award
Under Florida law, property insurance companies have a legal obligation to settle claims using good faith business practices. If they fail to live up to that obligation, they can be held liable for bad faith damages. If you have been a victim of bad faith, you need to bring a claim on that issue… Read More »
Is Your Insurance Company Stalling?
Was your property recently damaged? If so, you no doubt want to get your insurance claim resolved so that you can move on with your life. Unfortunately, all too often, the insurance claims process seems to drag on forever. This can be confusing and overwhelming for homeowners. Indeed, there are few things more frustrating… Read More »
Is there an Honest Disagreement or is My Insurer Acting in Bad Faith?
Under the Florida Insurance Code, insurers have a legal duty to handle all property insurance claims using fair settlement practices. If they fail to live up to that legal obligation, the affected policyholder may have the right to bring a bad faith insurance claim. This is a powerful claim, because when it is successful,… Read More »
Did You Get a Check from the Insurance Company? Read This Before Cashing It
Under the Florida Homeowner Claims Bill of Rights, property insurance companies have a legal duty to pay policyholders for the full value of their covered damages without any undue delay. In the event that an insurer fails to live up to this duty, they could face a bad faith insurance practices claim. Unfortunately, with… Read More »
Florida Court Rules in Favor of the Insurer in Complex Bad Faith Insurance Case
On November 17, 2016, the U.S. District Court for the Middle District of Florida ruled in favor of Travelers Casualty and Surety in a dispute over an insurance settlement agreement. The court found the agreement unenforceable under Florida law due to fraud and collusion on the part of the policyholder, Culbreath Isles Property Owners… Read More »
Florida Property Damage Claims: What You Need to Know About Initial Settlement Offers
In the event that you are forced to make a property damage claim for your Florida home, you will be protected by the state’s Homeowner Claims Bill of Rights. This statute provides critical legal protections for property owners. It also puts many obligations on insurance companies. For example, in Florida all insurers have a… Read More »