Bad Faith Insurance

When an insurance company improperly delays paying a claim, or denies a claim without justification, then that insurance company may be engaging in bad faith tactics.

This area of area can be complicated. For example, Florida law and insurance regulations govern bad faith claims involving auto insurance, life insurance, and homeowners insurance. Both federal law and Florida law apply in the context of health insurance, or HMO abuse or HMO bad faith.

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When an insurance company violates its required good faith claims handling practices, and the damages are significant, a bad faith claim or a bad faith lawsuit may be the next steps to secure justice for your family.

Generally speaking, an insurance company has an obligation to protect its insured's interest by making a good faith investigation and then paying the claim. Unfair delay or denial of a proper insurance claim may result in a bad faith lawsuit. This good faith duty may arise in the context of paying bodily injury insurance policy limits to a seriously injured accident victim, paying hurricane damage claims, or paying for properly requested and documented health care treatment.

Bad Faith Claim Damages

In addition to the value of the damage claim itself, there may be other available remedies for an insurance company's breach of good faith or the policy itself. For example, because an insurance policy is a contract, a breach of contract claim may exist. Additionally, the tort claim of bad faith permits recovery of damages in excess of the policy limits, as well as the potential for collection of punitive damages.

Bad Faith Lawyer

An attorney who has handled bad faith claims may be able to assess your bad faith claim and determine which course of action is best for you. In some instances, an administrative civil remedy violation may be pursued with the Florida Chief Financial Officer.

In other cases, where the bad faith is serious in nature and damages are significant, a bad faith lawsuit may be appropriate.

Remember, again, the laws, regulations, and court precedent governing bad faith claims in Florida are rather complex. Preserving your tort claim or bad faith lawsuit usually requires an experienced attorney's input at the earliest opportunity.

Failure to do so may result in the bad faith claim, through improper handling by yourself, to be wiped out. Then, not only are you faced with the losses caused by the insurance company's unfair tactics, but then coupled with knowing your remedy is gone.

If you believe you have been the victim of insurance bad faith, then contact the Harris Law Firm today. We are experienced in bad faith insurance and may be able to help.

We may team up with, co-counsel, or jointly prosecute, your bad faith claim with an insurance claims attorney or bad faith counsel whom we know and trust. We are sensitive to your needs, share your values, and work hard for you and your family to secure justice.

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