Fort Lauderdale Bad Faith Insurance Lawyers
Fort Lauderdale Attorneys for Insurance Bad Faith
Insurance companies owe it to their policyholders to take any claims and property damage claims they file seriously. When an insurance claim is intentionally mishandled, and the claimant suffers for it, then it could constitute insurance bad faith. If you think your insurer has acted in bad faith after you filed a claim, then the Law Offices of John D. Ameen, P.A. in Fort Lauderdale would like to hear from you. Our bad faith attorneys are ready to use our extensive legal experience to stand up for you and get your claim moving again after bad faith tactics interrupted or denied it.
Call 800-555-4011 now to arrange a free, confidential consultation.
Common Types of Insurance Bad Faith
- Bad faith usually occurs in one of two forms: Wrongful denials: Every insurance policy will describe what qualifies a valid claim and what does not. Denials should only follow if the claim is invalid under the policy's definitions. A denial that does not meet those guidelines is a wrongful denial and a common form of bad faith. Some insurers will even deny a claim without stating any reason in hopes that the claimant gives up and moves on.
- Inadequate investigations: Insurance companies must adequately investigate every claim before denying or assigning a value. Investigations can vary but usually involve sending an insurance adjuster to assess the damage first-hand, such as after a natural disaster damages a claimant's home. Conducting an inadequate investigation or not conducting one at all is bad faith.
What is Insurance Bad Faith in Florida?
Florida law considers it "bad faith" if an insurer fails to settle a claim when it "could and should have done so." In other words, if the insurer had reasonable opportunities to find a way to settle a claim but did not for any reason, then it can count as bad faith, which is answerable with a lawsuit. However, the law's definition is somewhat vague, so there is room for interpretation and argument. Prepare yourself for any challenges from the insurance company by working with our Fort Lauderdale insurance bad faith attorneys as soon as possible.
Can an Insurance Company Take Back a Settlement?
Once an insurance company offers a settlement agreement, it has the right to rescind the offer for any reason and at any time. It is not necessarily bad faith to rescind an offer because you took too long to accept it or because the insurer decided a different value is more accurate to your damages. It could be bad faith if the offer is rescinded and replaced with a lower value one without explanation or a fair assessment. For the most part, insurance companies will not quickly or immediately rescind a settlement offer. Doing so creates more work for everyone, so you should have some to get your attorney involved and allow them to determine if the offer is fair.
How Do You File an Insurance Bad Faith Claim?
Keeping in mind that an unfavorable insurance offer is not always bad faith, it can be a little tricky to know how and when to file a bad faith claim. When you work with our law firm, we can make it simple, though, by lending our experience and insight to your case. We will typically want to do the following when filing a bad faith claim:
- Review your insurance policy to verify that some form of bad faith has occurred.
- Create copies of all communications and denial letters from your insurer.
- Send a demand letter for the appropriate amount, with warnings of legal action if bad faith occurs.
- Contact the Florida Division of Consumer Affairs to create a formal complaint if your claim is wrongfully denied or unfairly undervalued still.
- Draft a lawsuit against the insurance company to file at the appropriate court.
Throughout the process, you can depend on our guidance and representation. If your case needs to go to court for litigation, we are capable of acting on your behalf, so you will never feel like you are on your own.
Show Insurance Companies That You Demand Fair Service
Insurance bad faith is deceptively damaging. A denied claim might seem like frustration, but the truth is that it could severely damage your finances and wellbeing while you wait for fair treatment from your insurer. Our Fort Lauderdale bad faith attorneys would be proud to fight for you and pursue fair compensation, which can include everything your insurer owes you for your original claim plus punitive damages for intentional business wrongdoing.