Fort Lauderdale Bad Faith Insurance Attorney
When the insurance company is acting unreasonably in delaying the processing of your claim or 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 in Fort Lauderdale, Broward County, and all of Florida accountable for their bad faith practices and work to ensure our clients are compensated for the harm done to them. Contact our experienced Fort Lauderdale bad faith insurance attorneys today, we can help.
A Look at Florida Bad Faith Insurance Law
The state of Florida has its own statutes (laws) giving policyholders the right to sue an insurer for bad faith that 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 includes a host of actions here, including unfair claim settlement practices such as:
- Failing to properly investigate a claim
- Misrepresenting a coverage-related policy provision
- Denying a claim without first conducting a reasonable investigation
- Failing to promptly provide a reasonable written explanation of a denial
Additionally, certain other acts by the insurer may be considered a bad faith insurance practice. These include:
- Failing to make a good faith attempt to settle a claim
- Making payments without providing a statement showing the coverage under which payments are made
- Failing to promptly settle claims when the obligation to settle is reasonably clear
- Refusing to settle under one portion of coverage in order to influence settlements under other portions of coverage
What must I do to pursue a bad faith insurance claim under Florida law?
Unfortunately, the Florida legislature did not make it especially 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 in writing of the applicable statutory violation, and give the insurer 60 days to cure the alleged violations. This is done through the filing of a Civil Remedy Notice (CRN). In this notice, you must specifically state the facts and circumstances surrounding the violation, cite to the specific statutory language that shows the violation, and cite to any specific language in the policy that may be relevant to the violation.
This process is simply too burdensome to take on alone. At Geyer Fuxa Tyler, our attorneys have decades of experience with insurance legal disputes. 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 my property insurance is through Citizens?
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 cannot bring a first party bad faith insurance claim against Citizens. Contact our Fort Lauderdale insurance bad faith attorneys for more information.
The law in this area may not be settled, and there may be other ways to resolve a dispute with Citizens and force it to play fair. If you are being denied coverage or benefits from Citizens on a valid claim, we would be willing to talk to you, look at your claim and determine whether we can help you.
Strong, Effective Legal Representation in Fort Lauderdale Bad Faith Insurance Claims
If you have been denied benefits on your claim, if there was an unreasonable delay in processing your claim, if your policy was canceled (rescinded) after you filed a claim, or if the insurance company failed to investigate, settle or defend your claim, call Geyer Fuxa Tyler for an evaluation of whether the insurance company may have engaged in bad faith insurance practices that caused you harm.