If your property is damaged, you might breathe a sigh of relief that you have insurance. But once you start the claims process, you might find yourself enormously frustrated. You may feel like your insurance company is dragging its feet or that your claim will end up denied. If you’re in that position now, then you might want to consider taking legal action.
What is a bad faith insurance claim?
This legal action would most likely take the form of a bad faith claim. Under Florida law, insurance companies have a duty to act in a reasonable fashion and with honesty and good faith when disposing of claims. If the insurance company in question fails to do so, then it could be held liable to the policyholder for acting in bad faith.
How do courts assess bad faith claims?
A court hearing a bad faith claim is required to look at the totality of the circumstances. This gives them a lot of leeway to consider the facts of the case before rendering a decision, which may include the thoroughness with which the insurance company investigated the matter and the efforts made by the insurance company to resolve the disputed claim in a timely fashion. Common signs of bad faith include making payments without justification for the final payment amount, failing to make a good faith offer when the facts called for one, misrepresenting material facts, poor communication, denying a claim without a thorough investigation, and denying a claim without justification.
Do you need help with your insurance dispute?
Insurance claims are a hotbed of disputes in Florida. There’s a lot at stake in these matters, too. With that in mind, you shouldn’t simply sit back and let your insurance company railroad you into an outcome that isn’t right for you. Instead, you should consider discussing your circumstances with an experienced law firm like ours that can aggressively represent your interests.