insurance claim form serving as evidence for lawyer to bring insurance bad faith claim in FloridaUnder Florida law, it is possible to sue an insurance company for bad faith. In fact, Florida has a specific statute that allows policyholders to bring a bad faith lawsuit against their insurance company if the insurer has acted in bad faith.

In Florida, an insurance company has a duty to act in good faith and deal fairly with its policyholders. If an insurer fails to do so, it may be liable for bad faith. Some examples of bad faith by an insurance company include unreasonably delaying or denying a claim, failing to properly investigate a claim, and failing to promptly pay a claim that is covered under the policy. We will talk more about reasons to bring a bad faith claim later in this article.

If you believe that your insurance company has acted in bad faith, you may want to consult with a lawyer who is experienced in bad faith insurance law in Florida. Your attorney can evaluate your situation and advise you on whether you have a viable claim for bad faith. If you do have a claim, your insurance bad faith lawyer can help you pursue the claim and seek compensation for your damages.

Common Reasons People Sue An Insurance Company For Bad Faith In Florida

People may sue an insurance company for bad faith in Florida personal injury cases when the insurer fails to fulfill its duty to act in good faith and deal fairly with its policyholders. Some common reasons why people sue an insurance company for bad faith in Florida personal injury cases include:

Unreasonable Delay Or Denial Of A Claim

Insurance companies have a duty to promptly investigate and pay claims that are covered under the policy. If an insurance company unreasonably delays or denies a personal injury claim, the injured person may have a claim for bad faith.

Failure To Properly Investigate A Claim

Insurance companies have a duty to conduct a thorough and fair investigation of a personal injury claim before making a decision on whether to pay or deny the claim. If an insurance company fails to properly investigate a claim, the injured person may have a claim for bad faith.

Failure To Communicate In Good Faith

Insurance companies have a duty to communicate with their policyholders in good faith and provide them with information about their personal injury claim. If an insurance company fails to communicate in good faith or misrepresents information, the injured person may have a claim for bad faith.

Underpayment Of A Claim

Insurance companies have a duty to pay personal injury claims in the full amount owed under the policy. If an insurance company underpays a personal injury claim, the injured person may have a claim for bad faith.

Failure To Settle A Claim

Insurance companies have a duty to make a good faith effort to settle personal injury claims within policy limits. If an insurance company unreasonably fails to settle a personal injury claim within policy limits, the injured person may have a claim for bad faith.

Failure To Defend Against A Claim

In some cases, insurance companies may have a duty to defend their policyholders against a claim brought by a third party. If an insurance company fails to defend its policyholder against a claim, a policyholder may have a claim for bad faith.

People Who Can Bring An Insurance Bad Faith Claim In Florida

In Florida, generally, the policyholder or the beneficiary of an insurance policy can bring a bad faith claim against an insurance company. This includes individuals, businesses, and other entities that have purchased insurance policies and are entitled to coverage under those policies. Whether a person may bring a bad faith claim may depend on the specific facts of each case.

Third Party Right To Bring Bad Faith Insurance Claims In Florida

In Florida, a third party may be able to bring a bad faith insurance claim against an insurance company in limited circumstances. A third party is someone who is not a party to the insurance contract but may be affected by the insurer's handling of a claim.

Under Florida law, a third party can bring a bad faith claim against an insurer if the insurer's bad faith conduct caused the third party to suffer damages. This is known as the "assignment of benefits" doctrine. For example, if a person is injured in an automobile accident and the at-fault driver's insurance company unreasonably delays or denies the claim, the injured person may assign their right to sue the insurance company for bad faith to their medical provider, who may then bring a bad faith claim against the insurance company.

However, the assignment of benefits doctrine is a complex area of law in Florida, and the ability of a third party to bring a bad faith claim will depend on the specific facts of each case. It's important to consult with an experienced insurance bad faith lawyer in Florida if you believe you have a claim for bad faith as a third party to an insurance contract.

Valuing An Insurance Bad Faith Claim In Florida

The value of an insurance bad faith claim in Florida will depend on the specific facts of the case and the damages suffered by the policyholder. In general, the damages that can be recovered in an insurance bad faith claim may include the following:

Compensatory Damages For Insurance Bad Faith

This may include the actual damages suffered by the policyholder as a result of the insurer's bad faith conduct. For example, if an insurance company unreasonably delays or denies a claim, the policyholder may be able to recover the amount of the claim, as well as any other damages caused by the delay or denial.

Punitive Damages For Insurance Bad Faith

In some cases, a court may award punitive damages to punish the insurance company for its bad faith conduct. The amount of punitive damages will depend on the specific facts of the case, and there are limits to the amount of punitive damages that can be awarded in Florida.

It's important to note that the damages in an insurance bad faith claim can be difficult to predict, as they will depend on the specific facts of each case. If you believe that you have a claim for bad faith against an insurance company, it's important to consult with an experienced insurance bad faith lawyer in Florida who can evaluate your situation and advise you on the potential damages you may be able to recover.

Contact An Experienced Florida Personal Injury Lawyer for Your FREE Legal Consultation

If you have been injured in Florida because of the negligence or carelessness of another party, you should speak with an experienced Florida personal injury lawyer as soon as possible because you may be entitled to compensation. You can contact us online or you can call our Orlando, Florida law office at (321) 352-7588 to schedule your consultation.

If you need a South Carolina personal injury lawyer, please don’t hesitate to reach out to us at (843) 638-6590. We have at least one lawyer licensed in Florida, Georgia, South Carolina, and North Carolina.