As paying policyholders, insurance clients expect their provider to honor the policy they purchased in good faith, addressing valid claims fairly and promptly. In the event the insurer fails to meet its duties, the policyholder may claim bad faith. Whether you are a policyholder claiming bad faith or an insurance company facing unfounded bad-faith claims, you can benefit from consulting a skilled Key West bad-faith insurance lawyer.
Understanding Florida’s Bad-Faith Insurance Laws
In insurance claims, bad faith is when an insurance company or provider fails to meet its legal obligation to act fairly and in good faith toward a policyholder. Common examples of bad-faith practices we handle at the Law Office of Alexander Alvarez, PA, include:
- Denying a valid insurance claim without a clear reason or explanation. While there are valid ways to properly deny a claim, such as when it was filed for the wrong reason, denials without justification are among the main forms of bad-faith actions.
- Delaying payment or the processing of a claim unnecessarily. Delaying the processing or management of a claim for no reason is another bad-faith practice.
- Offering a settlement payout far below the value of the claim. Decreasing the claim value is another common bad-faith tactic.
- Misrepresenting a policy’s coverage or terms. This bad-faith practice can include falsely claiming that specific clauses disqualify or exclude coverage when they do not.
- Failing to properly investigate a claim. It is bad faith if an insurance provider fails to investigate or thoroughly check the details of a claim.
Consult a Qualified Bad-Faith Insurance Attorney
As reported by the Florida Office of Insurance Regulation, there were 732,390 residential property insurance claims across the state in 2022. Of these claims, the majority were non-litigated, and 58,395 were litigated in total. For counsel and representation in bad-faith claims in property insurance and other forms of insurance, be sure to consult a qualified bad-faith insurance attorney.
Hire a Bad-Faith Insurance Lawyer in FL
You should hire a bad-faith insurance lawyer to increase your chances of a successful outcome. Florida insurance laws and disputes can be complex and difficult to navigate. It’s a good idea to work with a legal professional who understands the procedures, expectations, and arguments needed within a bad-faith case.
When you need a strong Key West bad-faith insurance attorney, you should strongly consider working with the Law Office of Alexander Alvarez, PA, on your case. The Law Office of Alexander Alvarez, PA, a legal practice based in Miami, is dedicated to helping clients with their insurance disputes and personal injury claims.
Our Firm Thoroughly Understands Insurance Coverage Disputes
With our entire team being fluent in Spanish, we are dedicated to meeting our clients’ needs and believe that personally understanding you helps us offer high-quality legal representation. Attorney Alexander Alvarez has a thorough understanding of insurance coverage and disputes, having practical experience as legal counsel for both the plaintiff and the defense in bad-faith claims.
Where Are Bad-Faith Cases Handled?
As a civil law matter, a bad-faith insurance case in Key West is most likely to be handled by the 16th Judicial Circuit of Florida. For cases in Key West, the closest legal venue is the Monroe County Courthouse, which is located at 500 Whitehead St., Key West, FL 33040.
Depending on the circumstances, the legal venues or agencies you may encounter during the case proceedings can vary. Be sure to ask your bad-faith lawyer about which courthouse is most likely to oversee your case.
MEET YOUR ATTORNEY
Alexander Alvarez
Founding Attorney at Law Office of Alexander Alvarez, PA
Alexander Alvarez leverages over 30 years of legal experience and a background in finance and international business to provide sophisticated representation in complex business litigation. A Florida Supreme Court Certified Circuit Court Mediator and AV-rated litigator, he develops strategic solutions for breach of contract and insurance disputes.
FAQs
What Is the Statute of Limitations on Bad-Faith Claims?
In the state of Florida, the statute of limitations for any action within a written contract, including bad-faith actions, is five years. This means that the policyholder must take action by filing a claim within five years of the time of the alleged misconduct; otherwise, they will likely lose out on their right to seek compensation. However, the statute of limitations may vary depending on the situation, so it’s advised that you consult a qualified attorney right away.
What Kind of Compensation Is Available From a Bad-Faith Case in Florida?
In Key West, Florida, the potential compensation a policyholder may receive in a successful bad-faith case can include the value of the initially denied claim, attorney fees, and, in the event of egregious misconduct, punitive damages.
If it is proven that bad faith occurred, the policyholder is entitled to recover the incurred damages from the insurance provider. Compensation is meant to correct the misconduct. If the insurer’s actions were especially egregious, punitive damages may be required to help deter future misconduct.
What Should I Do if My Insurer Acts in Bad Faith?
In Florida, if you believe your insurance provider is acting in bad faith, be sure to keep a detailed record of all communications with the insurer, including letters, phone calls, and emails. You should keep copies of your claim forms, the policy itself, and any relevant evidence. You should also request written explanations of any delays or denials and seek legal counsel if the insurer continues to act unfairly or does not cooperate.
What Are Defenses Against Bad-Faith Claims in FL?
Potential defenses for an insurer facing bad-faith claims in Florida include:
- Contributory bad faith. Arguing the policyholder also acted in bad faith.
- Proving mere negligence. Rather than a willful violation of their duties, the defense can argue that there was mere negligence, which alone is insufficient to constitute bad faith.
- Challenging the duty to settle. When a third party files a claim against the insured, the defense can question whether the insurer was given a fair opportunity to settle.
Let a Qualified Bad-Faith Attorney Represent Your Interests
At the Law Office of Alexander Alvarez, PA, we are equipped to represent you and provide insightful legal counsel within bad-faith disputes, whether you are the policyholder or the insurer. Our insurance attorneys have a deep understanding of both sides of bad-faith claims, allowing us to effectively advocate on your behalf. Reach out to us today to schedule a consultation with a capable bad-faith lawyer.
Key West Bad-Faith Insurance Resource: