Frances Badayos | author
ICHQ | Site Author
When you file an insurance claim, you expect to have your claim heard by your insurance provider. However, what if the provider does not respond to your claim? What can you do when your provider refuses to pay?
Below are some facts about how to file a bad faith insurance claim from our lawyers serving Florida at Insurance Claim HQ.
Bad Faith Claims in Florida
Insurance companies in Florida are expected to follow the law and to promptly pay any damages covered by a customer’s insurance policy. However, should a company deliberately fail to pay proper claims or to unfairly delay paying proper claims, it can be considered bad faith under Florida law.
Several additional actions can be considered bad faith. Misrepresenting or withholding facts, requiring investigation prior to payment when liability is clear, dismissing the claim without investigation, and forcing a customer to enter into an agreement also qualify.
Filing a Bad Faith Claim in Florida
Any bad faith insurance claims must involve a breach of contract. Contact your insurance provider to get a copy of your policy dated from before you file a claim. Review the terms and conditions and check it to verify any damage to your property is covered under your policy.
Second, make sure you have all the information and evidence for your insurance claim. Make copies of any pictures, documents, and receipts you send to the insurance company. In addition, compile a record of every communication you made to the insurance company, taking note of the date, time, information provided, who you spoke to, and what was discussed.
Thirdly, if your policy covers the damages, and you have enough documentation, you may write a formal notice of intent to initiate litigation (NOI) establishing your intent to file a bad faith insurance claim. Upon receiving this notice, the insurance company has 10 days to respond in writing. The NOI to the insurance company is a requirement per Florida law before any lawsuit can be filed.
Florida Statute §624.155 also requires a Civil Remedy Notice (CRN) to be filed electronically with the Department of Financial Services. The CRN is free to file. This notice must state specifically what the company has failed to do regarding your policy.
The company then has 60 days after they receive the notice via the Department to resolve the matter. Our lawyers can assist you in both writing and filing these necessary statements. We recommend that before filing a CRN, you have on hand an invoice from a contractor or an estimate from a public adjuster about your property damage.
Lastly, if the matter is not resolved within the 60-day limit, you may seek to file either a lawsuit or a complaint with the Department of Financial Services. Should you file a complaint, the department will contact the company and require the company to explain the reasons for their actions. In addition, they can review the company’s response to determine if Florida law and/or regulations were violated. Note that if no laws, rules, or policy conditions were violated, they cannot compel any payment of claims.
Contact Us for Help Filing a Florida Bad Faith Insurance Claim
If you have made a claim to your insurance company, but they have refused to pay it for any reason, don’t just wonder what your options are. Our lawyers at Insurance Claim HQ are well-versed in Florida insurance law and can help aid you in seeking the insurance payment that you are due. Call or contact us today.