Bad-Faith Practices
When the insurance company is acting unreasonably by delaying the processing of your claim or by denying coverage or benefits, it may be acting in bad faith. The law requires that insurance companies act in good faith and deal fairly with you regarding your policy. When it doesn’t, it can be held liable for the damage caused.
At Geyer Fuxa Tyler, we hold insurers across Florida accountable for their bad-faith practices. We work to ensure that our clients receive compensation for the harm done to them.
Contact our experienced bad-faith insurance attorneys today: We can help you receive the compensation you deserve.
A Look at Florida Bad Faith Insurance Law
The state of Florida has statutes (laws) that give policyholders the right to sue an insurer for bad faith. These laws spell out the circumstances under which insurance bad-faith may exist. Under the law in Florida, bad faith insurance includes specific statutory violations of the law by the insurer. The law consists of a host of actions here, including unfair claim settlement practices such as:
Failing to investigate a claim properly
Misrepresenting a coverage-related policy provision
Denying a claim without first conducting a reasonable investigation
Failing to provide a reasonable written explanation of a denial promptly
Additionally, certain other acts by the insurer may be considered a bad faith insurance practice. These include:
Failing to make a good faith attempt to settle a claim
Making payments without providing a statement showing the coverage under which they’re making payments
Failing to promptly settle claims when the obligation to settle is reasonably clear
Refusing to settle under one portion of coverage to influence settlements under other parts of the coverage
What must I do to pursue a bad faith insurance claim under Florida law?
Unfortunately, the Florida legislature does not make it particularly easy for a policyholder to pursue an insurance bad faith claim.
The law requires that you notify the Department of Financial Services and your insurance carrier of the applicable statutory violation in writing. Then, you must give the insurer 60 days to cure the alleged violations. This procedure is done through the filing of a Civil Remedy Notice (CRN). In this notice, you must clearly state the facts and circumstances surrounding the violation, cite the specific statutory language that shows the violation, and cite any language in the policy that may be relevant to the violation.
This process is generally too complicated for most homeowners to take on alone. That’s why many homeowners reach out to Geyer Fuxa Tyler. At Geyer Fuxa Tyler, our attorneys have decades of experience with legal disputes focusing on insurance. As a result of our knowledge, we can prepare and present a strong claim of insurance bad faith that complies with the law and includes the full amount of compensation for your damages.
What if I have property insurance through Citizens Property Insurance?
Citizens Property Insurance Corporation was created by the Florida legislature to provide windstorm coverage and general property insurance for homeowners who are unable to get insurance on the market.
As a quasi-government entity, Citizens is immune from lawsuits except for certain circumstances, such as willful torts or breach of contract claims. In a landmark decision in May of 2015, the Supreme Court of Florida held that an insured person could not bring a first-party bad faith insurance claim against Citizens.
The law in this area may not be settled, however. There may be other ways to resolve a dispute with Citizens and force the company to play fair with claims. If Citizens denied coverage or benefits on a valid claim, we would be willing to talk to you, look at your claim, and determine whether we can help you.
Get Help from Experienced Florida Bad-Faith Practice Dispute Attorneys
Has your insurance company denied coverage of your claim or canceled or rescinded your policy after you filed a claim? Call Geyer Fuxa Tyler in Sunrise at 954-990-5251 for assistance with bad faith insurance claims across Florida.
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If you are having difficulty receiving coverage or compensation on your insurance claim, call our office for a free consultation. Several of our attorneys and staff members speak Spanish, and we are always here to serve you.
We take cases on a contingency fee basis, which means that our fees and costs are contingent on achieving a positive result for you. In many cases, however, our fees and expenses are paid mostly or entirely by the insurance company.
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