Bad Faith and Insurance Claims

28 Apr

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Florida is a state prone to hurricane damage on a yearly basis since of its proximity to the Gulf of Mexico, Atlantic Ocean and the Caribbean Ocean, along with the hurricanes and tropical storms that often kind in these bodies of water. Simply because of this, Florida has some of the highest insurance claims in the country.

When a individual insures their property and other personal property, they tend to assume that given that they have paid faithfully, their insurance claim will be honored without any difficulties. However, some insurance firms do not usually act in good faith and will make an already stressful scenario more complicated by unfair insurance practices.

What is Poor Faith?

Following filing your Florida insurance claim, your insurer may inform you that your policy is ambiguous or open to possessing several attainable meanings, or that the policy does not cover the variety of home for which you are filing a claim. An additional reason your claim might be denied is simply because the insurance organization may possibly claim that the property was not damaged, the harm resulted from the negligence of the owner or the harm resulted from an additional purpose not covered by the insurance policy.

Insurance companies are required to act in very good faith and in a timely manner throughout this process. Unfortunately, at instances, an insurer will delay the payment or resolution of a claim or even violate Florida state laws. When this takes place they are acting in undesirable faith.

Some types of undesirable faith an insurer may well engage in can include unfair settlement claim practices or a refusal to insure for discriminatory factors.

Unfair claim settlement practices can imply that an insurance company is:

Failing to adopt or implement requirements for the proper investigation of claims,
Misrepresenting facts or insurance policy provisions,
Denying claims with no conducting a affordable investigation,
Failing to correctly explain policy details, or
Failing to pay any undisputed amounts of complete or partial rewards in a prompt or timely manner.

It is illegal for an insurer to refuse to insure and person based on their race, color, creed, marital status, sex or nationality. In addition, an insurer cannot deny an individual based on where they reside, their age or exactly where they work.

There are numerous laws within the Florida Revised Statutes that relate to undesirable faith insurance claims and illegal business practices.The major statutes regarding undesirable faith consist of:

Florida Statute 626.9541(1)(i) – Engaging in unfair claim settlement practices

Fla. Stat. 626.9541(1)(o) – Illegal dealings in premiums

Fla. Stat. 626.9541(1)(x) – Refusal to insure for discriminatory factors

Fla. Stat. 626.9551 – Specifications to have a particular agent or insurer not permitted

Fla. Stat. 627.7283 – Return of premium for cancelled insurance policies required.

What need to you do if your insurance business denies your claim?

If you feel that your insurance company is acting in negative faith in regards to an insurance policy claim, the very first step a lot of take is contacting a knowledgeable insurance lawyer. An insurance attorney can assist you determine the suitable methods to take when dealing with an insurance firm acting in negative faith.

Your insurance attorney might suggest that you file a civil suit against your insurer for damages. When you file a suit for damages you might be able to acquire the complete advantages of your policy, court expenses and lawyer charges.

With capable legal counsel and a firm understanding of how your insurance business is essential, by law, to act, the house harm claims process in Florida will be significantly less difficult to handle, increasing your possibilities of a favorable and fair outcome.

11 Responses to “Bad Faith and Insurance Claims”

  1. Carmelita January 6, 2013 at 3:00 pm #

    I just keep hearing story from news that some people did insurance fraud and get paid. But questions is can insurance refused just because of possible fraud even those no proofs?

    By how insurance hear about fraud from anybody can tell insurance even police can informed insurance it might be a fraud.

    But questions is can insurance refused base of possible fraud even no proofs?

  2. Robbie January 6, 2013 at 4:37 pm #

    i am opening a little hairdressing shop and wondered what insurance i want. i’ll sign the tenancy agreement tomorrow, with a £400 insurance fee, however i haven’t yet discover just what it covers. the other insurance will i need?

  3. Margarite January 6, 2013 at 9:36 pm #

    they compensated $75000 on the declare that they didn’t find anything wrong .I didn’t obtain a ticket for that accident and also the person wasn’t touched or hit or anything whatsoever happend to him . Only factor that happend was he attempted to leap while watching vehicle and that he was pushing a shopping cart software that didn’t got hit .and

    I had been stopped also And everyone discussion this individual stated that this is the way he leaves and just how he constitutes a departing .

  4. Edmond February 28, 2013 at 6:20 pm #

    How can an insurance company deny a life insurance claim after a person has put good faith in that company by paying their premiums? Isn’t that illegal?

  5. Donn March 31, 2013 at 3:05 am #

    I had minor damage and she had a scuff mark on rear bumper. Police were called and report was done. I received a certified letter today from my insurance company stating that the other party has filed a lawsuit against me for general damages with no amount specified. It says one of their lawyers will handle it. Is there anything I should be worried about as far as personal responsibility? There were no injuries to anyone at the time. I am a single father with hardly any assets so I am very worried.

  6. Tory April 13, 2013 at 12:15 pm #

    I recently got the run around from my insurance company , who has purposefully delayed paying me on my uninsured motorist coverage after they received proof of bodily injury that far exceeded the primary insureds policy limits. Do I have to list the Insurance companies agent and name them specifically in my filing. The agent purposefully told me that I could accept less that the primary insureds limits and that it would not affect my uninsured motorist claim. On top of that this agent repetitively denied getting documents in order to delay my claim, that I have proof they received months ago. The agent was warned beforehand by me not to play games with me in regards to me claim but went right ahead and did so. I have the claims agent recorded saying things to mislead me into doing things that would void my uninsured motorist coverage. Now I have to sue my insurance company because they are refusing to pay me or have purposefully delayed paying me. The evidence is overwhelming against them, I have already received payment from the primary insurer in the full amount of the policy limits. My doctor has placed a lien against my own insurance company. Any intelligent input here would be appreciated

  7. Dianne May 14, 2013 at 6:13 am #

    What is it about Florida laws that make it so appealing to frauds offering bogus business opportunities, and why is the state of Florida so apathetic about these frauds?

  8. Khadijah August 16, 2013 at 10:54 am #

    When there are 21 tax increases in this law?
    FLSwamp – http://www.washingtontimes.com/multimedia/image/health3jpg/

    You were saying?

  9. Vida August 22, 2013 at 8:09 am #

    If your insurance company pays you a small amount for a large loss and you then sue the party who caused the loss, what complications can there be for you? Are there conflicts of interest sometimes which prevent an insurance company from pursuing subrogation? If they do pursue subrogation, do they share in paying the legal fees.? If they are also insuring those who caused the loss, will they pay out under those people’s insurance?

  10. Nakita September 6, 2013 at 4:35 pm #

    I just read an article that talked of an illegal immigrant being sent back to Mexico after being treated at a U.S. hospital who had a job AND health insurance. Anyone have any details on this sort of thing?
    so in other words, many of you are saying that the medical insurance they may have is under some other person’s name? why do you suppose the hospitals then know of their illegal status? I’m not sure if anyone understands what I am asking, or I am not asking it the right way.

  11. Earl September 7, 2013 at 11:16 am #

    Seriously, I understand Florida is a powerhouse, but he showed the nation that he doesnt care about equality and i just think he was trying to spend the least he could without dropping out.. I mean i thought of him as a viable candidate until i heard his little scheme to sidestep the rest of the nation for florida. What an idiot.

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