Bad Faith Insurance Claims
Frequently, insureds will talk about being treated poorly by their insurance company. Often, they come to us and request that we sue the insurance company for damages that are not addressed by the policy’s coverage.
“Insurance bad faith” is a legal term describing a tort claim that an insured may bring against an insurance company for its “bad acts.” Generally speaking, insurance companies owe a duty that implies a covenant or a promise of good faith and fair dealing to the insured. If an insurance company violates that covenant, the insured may sue the company on a tort claim. Note that this is different from a lawsuit claiming breach of contract for the insurance coverage.
In Florida, an insured can pursue the insurance company for bad faith damages (excluding Citizens Property Insurance Company). However, this requires a specific procedure known as the filing of a Civil Remedies Notice. The offending insurance company must be put on notice of their bad acts and be given 60 days to cure their bad faith actions.
If you have a problem with an insurance claim involving bad faith by your insurance company for residential or commercial property, please don’t hesitate to contact Miami Insurance Attorney James C. Ligman PA.
We can advise you as to your rights under Florida’s bad faith law and assist you with the filing of a proper Civil Remedies Notice. Let our years of experience in all aspects of first person property insurance litigation work for you.