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 Florida’s Statutes:
626.954(1)(i),(o), or (x);
These statutes provide remedies for the insurer for scrupulous 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 would create a civil cause of action.
Once you have established that your insurer has acted in bad faith, how do you pursue civil action?
§ 624.155 (3)(a), gives an in-depth guide into how to begin this process. A condition precedent created under this section is that you must give 60 days written notice of the violation. This subsection further specifies that it must be given to the department and the authorized insurer. The content of the notice must be given with specificity or else the allotted time period will restart.
This form asks for the following information: *Excerpt from § 624.155 (3)(b)
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.
As you can see, this comprehensive list will be difficult to fill out without the assistance of an experienced insurance claims attorney. It is important you fill this form out properly. Also, failure to properly fill out this form may result in the department returning the notice and requiring you to refile with the appropriate corrections. You may be barred from filing an action if within 60 days after filing the notice your insurer pays for the damages or circumstances creating the violation were fixed. Further inquiry is important because while this guide provides useful information it is general and does not cover all the specific requirements set forth in § 624.155 such as the statute of limitations related to the bringing a civil action and the type of damages you may receive. Contacting an experienced insurance claims attorney can help you better understand your policy and statutory code that may make you entitled to compensation.
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].