It is important to be aware of statutory law within your respective state because your insurance policy must work within the framework of the laws of your jurisdiction. In Florida, one statute of great importance in the realm of insurance law is Florida Statute 624.155. This statute creates a list of civil remedies that may be brought against the insurer in the case of certain violations.
The violations which would allow for the insured to recover civil remedies are set in the following sections of the Florida Statutes:
626.954(1)(i),(o), or (x);
626.9551
626.9705
626.9707
626.9707
These statutes provide remedies for insureds for unscrupulous business practices prohibited by Florida Law such as, but not limited to, misrepresentation, unfair settlement practices, unconscionable rates, coercion through unfair means, illegal dealings, and other prohibited behavior that can be found in more detail within these sections.
The second part of § 624.155(b) sets forth a list of acts by an insurer that could result a civil cause of action against an insurer.
§ 624.155 (3)(a), discusses perfecting a cause of action against the insurer under this statute. A condition precedent created under this section is that you must give 60 days written notice of the violation. This subsection further specifies that notice must be given to the Florida Department of Financial Services and the insurance company. The content of the notice must be given with specificity.
This following information must be provided in order to perfect a casuse of action for first party bad faith:
1. The statutory provision, including the specific language of the statute, which the authorized insurer allegedly violated.
2. The facts and circumstances giving rise to the violation.
3. The name of any individual involved in the violation.
4. Reference to specific policy language that is relevant to the violation, if any. If the person bringing the civil action is a third-party claimant, she or he shall not be required to reference the specific policy language if the authorized insurer has not provided a copy of the policy to the third-party claimant pursuant to written request.
5. A statement that the notice is given in order to perfect the right to pursue the civil remedy authorized by this section.
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].
