Bad Faith Claims

Insurers are expected to handle the insured’s claims in good faith. They are required to promptly and diligently investigate claims for damage, and to pay benefits afforded under the policy, once the obligation to pay is made readily apparent. In other words, once a carrier determines that a loss has occurred and that the cause of said loss is one covered under the policy, the carrier is required to immediately settle the claim and issue payment.

Unfortunately, Insurers will sometimes try to drag out the process by waiting to inspect the property damage, or demanding additional inspections or documentation without a reasonable explanation for why these additional inspections or documentation is necessary, delaying a coverage determination. In other cases, the carrier outright denies the claim without conducting a proper investigation. Insurers may also establish coverage liability but offer far less that what the insureds are owned under the terms of their policy.

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How ILG Can Help You

If you believe that you are being treated unfairly by your insurance company & think that your insurance company has committed “bad faith” by mishandling your claim or wrongfully underpaying or denying your claim, then you may be able to file a bad faith insurance claim to seek compensation for the damages you were initially entitled to, as well as additional damages.

The attorneys at Insurance Litigation Group understand that you can’t afford to wait around while the insurance company engages in “bad faith” tactics. Our Property Claim Attorneys have extensive experience handling insurance dispute cases and are well-equipped to handle the tactics used by insurance companies to avoid honoring valid property insurance claims

Contact us today. Our experienced Property Claim Attorneys are with you from the very start explaining the terms of your policy and walking you through the claims process. Our Property Claim Attorneys will advocate on your behalf to protect your rights and are focused on achieving rapid results through litigation or conclusion at trial where necessary, to help you get paid what you are entitled to under your insurance policy.

Additional Information

Insurers owe a fiduciary duty to their policyholders and are required to “…refrain from acting solely on the basis of their own interest in settlement.” State Farm Mut. Auto Ins. Co. v. Laforet, 658 So. 2d 55 (1995). Pursuant to Florida’s Unfair Trade Practices Act, any of the following can constitute bad faith:

  • Attempting to settle claims on the basis of an application that had been altered without notice to the insured
  • A material misrepresentation made to an insured with the intent of effecting settlement under such contract on less favorable terms than those provided in the policy
  • Committing any of the following as a general business practice:
    • Failing to properly investigate claims
    • Misrepresenting pertinent facts or insurance policy provisions
    • Failing to promptly communicate with insureds
    • Denying claims without conducting reasonable investigations
    • Failing to affirm or deny full or partial coverage of claims upon the written request of the insured within 30 days after proof-of-loss statements have been completed
    • Failing to offer a reasonable explanation in writing to the insured for denial of a claim or for the offer of a compromise settlement
    • Failing to promptly notify the insured of additional information necessary for the processing of a claim; or
    • Failing to clearly explain the nature of the requested information and the reason why such information is necessary

Under Fla. Stat. 624.155(3)(a)(b), prior to bringing a bad faith claim against an insurance carrier, a Civil Remedy Notice must be filed, stating (1) the statutory provisions violated; (2) the facts and circumstances giving rise to the violation; (3) the name of any individual involved in the violation; and (4) reference to specific policy language that is relevant to the violation, if any. Additionally, an insured must establish contractual liability and obtain a judgment against the insurer for breach.

The insurer is then given sixty (60) after written notice of violations, to “cure” the alleged bad faith violation, by paying for the damage, or otherwise addressing and correcting the conduct giving rise to the violation(S) before any further action can be taken. If the violation(s) are cured within the 60-day period, there is no longer a basis for a bad faith suit. However, if the carrier fails to respond to and cure bad faith the violations within the cure period, it will be presumed that the carrier acted in bad faith, and they will have the burden to show why its failure to respond and a cure was not in bad faith.

Our practice is statewide, and we have offices in Miami, Fort Pierce, Pensacola, Orlando, and Miramar Beach, Florida. Call ILG for sound advice and immediate assistance in your Florida Insurance Disputes.

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“I have known these folks for many years now and they are nothing but professional. My dealings have been with Marat Filler who is really passionate about his work and you can tell when you meet him. He’s very knowledgeable and easy to get in touch with. Anytime I’ve ever needed anything he was quick to deliver results. I highly recommend Insurance Litigation Group and especially Marat Filler.”

S. Steve

Very Professional

“I hired this Company to handle my insurance claim after Hurricane Irma. They’re very professional with great customer care. Asher Levy handled everything with the up most attention and care. Candice and Abner were very supportive as well. They brought a crew to remove all the water right away so I don’t get mold etc. Overall they took an unfortunate situation and helped make it bearable. I feel very safe recommending this group for your insurance claims.”

- PL

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“Very nice and easy people to deal with. They kept me informed about my case throughout the process, never felt left in the dark. Good job guys.”

- A. Grand

Our Offices

We are a client-focused law firm that fights aggressively on behalf of residential and commercial policyholders, contractors, restoration and mitigation companies, to produce maximum recovery results from insurance companies through our unique expertise, deep understanding of insurance law, cutting edge technology and proactive approach to litigation.

Insurance Litigation Group serves clients across the state of Florida. With over 5 offices statewide, our attorneys have the knowledge, skills and experience to resolve your dispute against the insurance company. 

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