When an insurance company acts unfairly toward its insured, it is said that the insurance company is acting in bad faith. An insurer’s bad faith can take the form of the following actions:
- wrongful denial of a valid claim;
- unnecessary delay in adjusting a claim;
- refusal to acknowledge or investigate a claim;
- failure to make a coverage decision;
- not attempting in good faith to settle a claim when it could and should have done so;
- making claim payments without adequate explanation and documentation;
- not acting fairly and honestly toward its insured and with due regard for her or his interests;
- unfair methods of competition and unfair or deceptive acts
In Florida, an insurance company’s bad faith is against the law. An insured, policyholder, claimant, or beneficiary who has a valid claim may obtain special damages for bad faith—including punitive damages and extra-contractual damage—after coverage of a claim is determined and the requirements of Florida's Civil Remedy Statute, which frames the rights of insureds and the obligations owed by an insurer toward its insured, have been met.
Consulting with an attorney who is experienced in insurance coverage law is highly encouraged when dealing with matters of an insurer’s bad faith. We would be pleased to consult with you about your bad faith claim, and invite you to contact us to set up a case evaluation.