Yes, you can sue your insurance company for bad faith in Florida, but like all legal proceedings, it requires strong evidence, good documentation – and an experienced advocate at your side. Here’s more about bad faith law in Florida and steps you should take if you believe your insurance provider is acting in bad faith.
What is the Bad Faith Law in Florida?
Bad faith is when an insurance company fails to fulfill its obligations to the policyholder in a fair and reasonable manner. It involves acting dishonestly, unfairly, or with improper motive when handling a claim. Fla. Stat. § 624.155 governs bad faith insurance law in Florida and dictates the terms under which policyholders have the right to file a lawsuit against their insurer if they believe the company acted in bad faith.
Florida’s bad faith law allows policyholders to seek compensation not only for the original claim but also for damages resulting from the insurer’s bad faith actions, such as additional legal fees caused by the delay or denial.
Steps to Take Before Suing Your Insurance Company in Florida
If you believe your insurance company is acting in bad faith, it’s important to take the following steps to protect your rights:
- Document everything – Proving bad faith in Florida involves demonstrating that the insurer failed to fulfill its obligations to you, the policyholder, in a reasonable and fair manner. This starts by keeping detailed records of every interaction you have with your insurance company, including emails, phone calls, and written correspondence. Make note of any unreasonable delays, denied claims, or misrepresentations of your policy terms.
- Request a written explanation – If your claim is denied or underpaid, ask your insurer for a written explanation of their decision. This will help you determine if they are acting in bad faith or if there is a legitimate reason for their actions. It also serves as more evidence for your case.
- Seek legal advice – Consulting with an experienced insurance attorney is crucial when dealing with a potential bad faith claim. They can review your case, help you understand your rights, and guide you on the best course of action.
- File a Civil Remedy Notice – Before you can file a bad faith lawsuit in Florida, you are required to file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. The CRN notifies the insurer of the specific violations and gives them a 60-day window to resolve the issue. If the insurer fails to correct their actions within that period, you may then proceed with filing a lawsuit.
Contact Us at Kandell, Kandell & Petrie for Representation
If you believe your insurance company has mishandled your claim in bad faith, know that you have rights under Florida law. You can take legal action against the insurer to seek compensation for both your original claim and any additional damages caused by their actions. However, navigating a bad faith lawsuit can be complex, and it’s essential to have an experienced attorney on your side.
At KK&P Law Firm, we specialize in helping homeowners fight back against unfair treatment from insurance companies. If you believe your insurer has acted in bad faith, don’t hesitate to reach out to us for a consultation. We’ll review your case and guide you through the process to ensure you get the compensation you deserve.
