Under Florida law, insurance companies must deal with their customers (the insured parties) fairly and in good faith. An insurance policy is a contract between an insured person or company (“insured”) and an insurance company. The insurance contract requires that the insurance company act in good faith toward the insured. While it is in an insurance company’s interest to minimize the amount of money that it pays out in claims, it may not act unfairly and in bad faith to deny paying legitimate claims.
If you purchase an insurance policy, then you are entitled to all the benefits of the policy and to receive payment for all claims that the policy covers. This is true whether the policy is for health, automobile, homeowner, personal property, life, disability, liability or another type of insurance. If you suffer a loss covered by your policy and your insurance company fails to pay you on a claim for that loss, then you may have an insurance bad faith claim in Miami. Our personal injury attorneys at Kaire & Heffernan, know how insurance companies operate, and we are ready to fight back on your behalf.
“Bad faith” is conduct by an insurance company that is unfair or unreasonable and violates Florida law. It refers to a wide variety of actions by the insurance company that violate policy language or the spirit of the agreement, including:
Insurers often act in bad faith because they assume that policyholders don’t understand their rights and won’t push back. We aim to prove them wrong on both counts.
Not every denial of a claim constitutes bad faith under the law. Insurance companies make money and stay in business by minimizing the amount of money they pay out in claims. Your insurance company has the legal right to deny your claim for several reasons, including the following:
Adjusters will likely cite one of these reasons, but that may be a pretext for denying what should be a covered claim. We can help you determine if the company acted in bad faith.
If you sue your insurance company and the court determines that the company denied your claim wrongfully in Miami, then you may be able to recover some or all of the following:
In extreme cases, when the insurance company has engaged in some especially severe misconduct, the court may require the insurance company to pay punitive damages.
If you are having trouble obtaining payment from your insurance company for a legitimate claim, contact us at Kaire & Heffernan, for a free and confidential consultation about your case. We can explain the complicated language of your insurance policy and help you determine whether your insurance company is required to pay your claim. Reach out to us online or by calling us. Se habla español.
(305) 876-6001