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.