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Bad Faith Claim in Florida: How Can I Pursue Legal Action?

24 Oct 2019, Posted by RRBHLAWZENblog in Homeowners' Insurance, Insurance Litigation
bad faith claim in Florida

When you have a policy with an insurance company and you file a claim, you expect them to keep their end of the bargain. In fact, it’s a violation of Florida state law for an insurance company to deny coverage without cause. The insurance company is supposed to act in good faith with its policyholders.

Yet bad faith insurance practices still occur all the time.

What happens if you are the victim of an insurance provider’s bad faith practices? One option that you have is to file a bad faith claim in Florida so that you stand a chance to see the money that you are owed.

Bad Faith Insurance Practices

Insurance companies can act in bad faith in many different ways. The first, known as a wrongful denial of benefits, occurs when a company fails to pay the policyholder as laid out in the policy. But denying a payment isn’t the only bad faith practice that an insurance company can be guilty of.

Other examples of bad faith practices include:

  • Failing to conduct an adequate investigation of your claim
  • Failing to reply to a claim promptly with a denial or a settlement
  • Delaying payment
  • Offering less money than the worth of a claim
  • Refusal to pay a valid insurance claim
  • Misrepresenting the meaning of the policy
  • Refusing a policyholder’s request for documentation

To build a case against the insurer for a bad faith claim in Florida, the insured must do two things—prove that damages occurred that are covered under the terms of the policy and demonstrate that the insurer did not follow the contract or insurance policy.

Can I Build a Case on My Own?

As with any litigation, building a bad faith claim against an insurance company can be extremely complicated. Insurance policies themselves can be confusing if you aren’t familiar with how a contract operates under the law. In the end, you’ll probably want to hire an attorney.

But that doesn’t mean that you can’t help to gather crucial evidence. If you think that your insurance provider is acting in bad faith:

  • Document any instances where they misrepresent relevant facts or details of the policy.
  • Note when you send or receive any communications from the insurance company, whether on the telephone, by mail, or through email.
  • Be present for any investigation into your claim.

If you think that you have a case, make sure that you keep any evidence of bad faith practices safe. Your attorney will help you work through the evidence to establish and prove your case.

Bad Faith Claim in Florida? Contact RRBH Today.

When the insurance companies don’t act in good faith, it’s time to take them to task. If you think that your insurance provider has not dealt with your claim in a fair way, don’t hesitate to get in touch with the attorneys at RRBH Law today. We are experts who care. Let us help you give your case a fighting chance.

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