Procedure for Bad Faith Claims in Florida
If your insurance company has denied your claim, that denial is not necessarily final. While your carrier does have the right to deny your claim if it is not covered under your policy, not all denials or settlement offers adhere to the terms of your policy. In fact, insurance companies often engage in conduct that amounts to a breach of its legal duty to deal with insureds in a fair and honest manner. If you believe that you have a case for bad faith against your insurance company, below are the steps that you will follow as you litigate your claim.
Documenting the Claim
From the time that you submit your first claim form, it is important that you document all communications and correspondence with your insurance company. Each time that you have a conversation with an adjuster, note the date and time as well as what is discussed. Include any requests that your insurance company makes of you and be sure that any written communications that you receive match the conversations that you have with the adjusters. It is a good idea to review your policy and make sure that you are clear on what is covered and what is not covered under the terms of your policy.
60-Day Notice
Florida has a statutory 60-day notice requirement when you wish to institute litigation against your insurer. This means that you must provide your carrier with notice that you intend to file an action at least 60 days before you do so. During this time period, your carrier has the opportunity to review your case and reverse its decision. If your insurance company does choose to pay your claim during this period, you will be barred from filing a lawsuit for bad faith. However, in order to fulfill its obligations during this 60-day period, the insurer must pay all of the damages owed to you under your claim. This typically means that the insurance company must pay not only the contractual damages – or the damages they are obligated to pay you under your insurance contract – but also any consequential damages that you have incurred as a result of the denial or delay in payment.
Initiating a Lawsuit
If your insurance company fails to pay your claim during the statutory 60-day period, and you are forced to initiate litigation, it is crucial to hire an experienced attorney to represent you. Insurance companies have a team of lawyers who specialize in defending bad faith cases. It is imperative that you retain the services of an attorney who is equally experienced in bad faith litigation in order to ensure you receive the compensation to which you are entitled.
Discovery
Once a lawsuit for bad faith has been instituted, the process of “discovery” will begin. During this time, both sides can request information and documentation from the other. Your case file will be obtained from your insurance company, and your attorney will review it and compare it to your notes, in addition to reviewing your policy and any other documentation produced by your insurance company. You may be asked to answer a set of written questions called "interrogatories,” and your attorney may also pose questions to your insurance carrier. You may also be asked to answer questions in person, under oath, in a proceeding known as a “deposition.” This will all be accomplished as you prepare for trial. During this phase, it is possible that your insurance company will decide to settle with you at this time, but it no longer has the right to do so, as it did during the 60-day statutory notice period. Therefore, you do not have to accept the settlement if it is not adequate compensation.
Trial
In Florida, the statutory requirement for a finding of bad faith by an insurance company involves consideration of “all of the circumstances.” This virtually ensures that any bad faith case will result in a jury trial. Once trial commences, both sides will have the opportunity to present evidence, and the jury, or in some cases, the judge, will make a decision based on the facts of your case.
The Bad Faith Insurance information offered by the greater Tampa Bay area Bad Faith Insurance Lawyers and contained herein, regarding Florida Bad Faith Insurance statutes and Pasco, Pinellas, and Hillsborough County, Florida Insurance Dispute claimants' rights, is general in scope. No denied Insurance Claim attorney / client relationship with our greater Tampa Bay area Insurance Bad Faith attorneys is hereby formed nor is the information herein intended as formal legal advice. See terms of use. Please contact the greater Tampa Bay area Insurance Dispute Lawyers toll-free at 1-800-4-INJURY regarding your specific claim if your insurance claim was denied in Dade City, City of New Port Richey, City of Port Richey, City of San Antonio, Town of St. Leo, Zephyrhills, Bayonet Point, Beacon Square, Blanton, Crystal Springs, Dade City North, Elfers, Holiday, Hudson, Jasmine Estates, Lacoochee, Land O' Lakes, New Port Richey East, Odessa, Saint Joseph, Shady Hills, Trinity, Wesley Chapel, Wesley Chapel South, Zephyrhills North, Zephyrhills South, Zephyrhills West, Belleair, Belleair Beach, Belleair Bluffs, Belleair Shore, Clearwater, Dunedin, Gulfport, Indian Rocks Beach, Indian Shores, Kenneth City, Largo, Madeira Beach, North Redington Beach, Oldsmar, Pinellas Park, Redington Beach, Redington Shores, Safety Harbor, Seminole, South Pasadena, Pete Beach, St. Petersburg, Tarpon Springs and Treasure Island, Florida. |
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