Many insurance policyholders are not aware that insurers have a duty to act in good faith when processing an insurance claim. Policyholders should reasonably anticipate that their carrier will handle their claim in a fair and honest fashion. When insurers fail to meet their obligations of good faith claims handling, policyholders sometimes accept the position of the insurance company because they believe there is no realistic chance of successfully challenging the insurance company’s decision.
However, Florida Statute Section 624.155 empowers a policyholder to pursue litigation against an insurer who acts in bad faith in investigating and resolving an insurance claim. Damages above the policy limits, attorney's fees, and even punitive damages can be sought depending on the facts and circumstances.
If an insurance company acts in bad faith in processing a claim, the policyholder needs an experienced insurance claims lawyer because the process of proving bad faith can be challenging.
Bad faith insurance lawsuits can be the only effective remedy for policyholders in certain situations. A common basis for bringing a bad faith action is the failure of an insurer to adequately investigate and evaluate a claim. While not every denial of coverage constitutes insurance bad faith, you should contact an experienced lawyer if you have questions about your rights and remedies.
You can reach Miami Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected].