Is Your Insurance Provider Acting In Bad Faith? | Payne Law, PLLC – FL – FESCH.TV

FESCH.TV INFORMIERT:

thepaynelaw.com/

Payne Law, PLLC
126 East Jefferson Street
Orlando, FL 32801
United States
(407) 915-5447

Bad faith is something that is an extra-contractual claim. You’re suing the insurance company because they failed to fulfill their obligations under the insurance policy, a contract between the insured and the insurance carrier. Bad faith is extra-contractual, so it means it is not a violation of the insurance policy. Bad faith is a violation of statutory provisions, and several dozen statutory provisions govern the behavior of insurance companies. This could be anything from investigating a claim in a timely fashion, completing the investigation within 90 days, not sending proper explanations for why a claim was denied, or any number of prohibited actions.

We file Civil Remedies Notices with the Department of Financial Services in many cases. It becomes public record, and puts the insurance company on notice that you are alleging that they violated one of the statutory provisions governing bad faith. At that point, the insurance company has 60 days to remedy this behavior. If they fail to fix the conduct within 60 days, you can potentially bring a bad faith lawsuit against them. Insurance companies don’t like them because the rules of discovery are much more generous. We are allowed to see the entire claim’s file that would typically be privileged in a normal first-party breach of contract claim.

In addition, bad faith claims seek punitive damages. So, while there have only been a handful of successful bad faith lawsuits in property law in the state of Florida in the last ten years, it is a precious tool that we have to create leverage both to get a settlement, and to potentially get discovery that we ordinarily would not be able to get in a regular first-party suit.

For More Information About First Party Property Disputes, Please Visit:
en.wikipedia.org/wiki/Insurance_in_the_United_States

Related Videos: