Bad Faith Litigation

If your insurance carrier has delayed the process of your claim, denied coverage or is acting unreasonably, this may be an act of bad faith. Insurance companies are required by law to act fairly and honestly with regards to your policy.

First party bad faith claims are statutory and occur when an insurance company fails to act in a fair manner. Certain circumstances can allow a party to recover damages against an insurance company, under Florida law. Examples of bad faith acts include:

• The denial of a claim without a full and fair investigation
• Not properly identifying coverage
• Failing to promptly settle claims
• Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made
• Unfair claim settlement practices, such as misrepresentation made to an insured
• The misrepresentation of facts or policy provisions relating to coverage
• Failure to notify an insured of additional information needed to properly process a claim

There are certain complex prerequisites to pursuing a first party bad faith claim against an insurer. If you feel your insurance company has acted in bad faith, the law requires you to notify the Department of Financial Services and your insurance carrier in writing highlighting the statutory violation and asking them to cure it within 60 days. This is done by filing a Civil Remedy Notice (CRN). The process of filing a bad faith claim is intricate and difficult to navigate without legal assistance.