Florida Insurance Bad Faith Attorney
Quick Answer
Florida insurers owe a duty of good faith in handling claims. When a carrier unreasonably delays, undervalues, or refuses to settle within policy limits and the insured is exposed to an excess judgment, a statutory bad faith claim may follow the filing of a civil remedy notice and a 60-day cure period.
Key Takeaways
- A Civil Remedy Notice under Fla. Stat. 624.155 with a 60-day cure period is required.
- The underlying claim must generally be resolved in the insured's favor first.
- Documenting the carrier's file, timing, and communications is the heart of the case.
First-Party and Third-Party Bad Faith
First-party bad faith arises when your own insurer mishandles a claim such as UM, property, or PIP. Third-party bad faith arises when a liability carrier fails to protect its insured by settling a clear claim within limits, exposing the insured to a judgment above coverage.
Building the Record
Time-limited demands supported by complete medical documentation, written follow-up on every request, and a clear record of the carrier's response times create the evidentiary framework. The carrier's claim file, adjuster notes, and internal evaluations become central in litigation.
The Statutory Path
A Civil Remedy Notice is filed with the Department of Financial Services identifying the specific statutory violations. If the insurer cures within 60 days by paying the damages owed, the statutory claim is resolved. If not, the bad faith action can proceed after the underlying claim concludes.