Did you know that in Florida there are laws in place that govern how insurance companies are supposed to treat their policyholders? Did you know that there are Florida Statutes in place that specifically set forth what insurance companies must and must not do in the handling of insurance claims? Adherence to the level of conduct required from insurance companies by law is called acting in good faith. If your insurance company does not adhere to the standard of conduct mandated by law, it fails to act in good faith or acts in bad faith. When an insurance company acts in bad faith, the policyholder may have the right to sue the insurance company and collect damages.

If you feel that your insurance company has acted in bad faith by improperly denying or underpaying your insurance claim, by wrongfully canceling your policy, or by otherwise acting without your best interest as a policyholder in mind, you should consider contacting an experienced property insurance attorney to learn about your rights and potential remedies. We represent policy holders throughout South and Central Florida.

Securing property insurance in Florida is extremely important. Being located in an area prone to hurricanes, windstorms and other catastrophic perils means that most south Floridians with an interest in real property; from homeowners and renters, to condominium owners and associations, to businesses and commercial enterprises, will purchase some sort of insurance policy to protect their investment. When a policyholder purchases an insurance policy from an insurance company, they mean to purchase the peace of mind of knowing that they will be indemnified and reimbursed in the case of a covered loss to their property. The insurance policy is a contract between the insured and insurance company which obligates both parties to act in good faith, and which requires the insurance company to protect and pay the insured for damage and loss in accordance with the terms of the policy.

When You Need A Lawyer

Unfortunately, insurance companies do not always uphold their end of the bargain. Sometimes, insurance companies breach the insurance policy contract, do not act in good faith (or commit bad faith), or both. If you have a legitimate claim and one or more of the following apply to your experience with your insurance company, you should consider contacting an attorney:

  • Your insurance company has denied a claim that you believe is covered under your policy.
  • Your insurance company has offered you a "low ball" amount for your claim that you believe undervalues your loss.
  • Your insurance company is ignoring your phone calls or letters.
  • Your insurance company has made representations to you that you feel are false and misleading, and are intended to pressure you into accepting a lower amount for your claim than you are entitled to under your policy terms.
  • Your insurance company is unnecessarily delaying the adjustment of your claim.
  • Your insurance company requested from you documents and information that you feel are irrelevant to your claim and has not provided you a clear explanation as to why it has made such a request.
  • Your insurance company has demanded that you sign inaccurate, incomplete or false documents, possibly including an inaccurate Sworn Statement in Proof of Loss, in order to receive the money to which you are entitled under your insurance policy.
  • Your insurance company has not provided you with a decision as to its payment or denial of your claim and it has been over 90 days since you reported the claim.
  • Your insurance company has not attempted in good faith to settle your claim when, under all of the circumstances, it can and should do so if it were acting fairly and honestly toward you, and with your interest in mind.

If any of the above statements are applicable to your property insurance claim, you may want to have a qualified lawyer evaluate your situation. At Dolan Dobrinsky Rosenblum, LLP in Miami, we are committed to advising policyholders throughout Florida of their rights and protecting them from insurance companies acting in bad faith. If you would like for an experienced property insurance attorney to evaluate your insurance bad faith claim or potential lawsuit, please contact us at 786-401-4708, 800-610-9491 or via our online contact form.