Orlando Insurance Bad Faith Attorney
Insurance companies are often vilified as the bad guys by personal injury lawyers seeking to get a quick settlement of an accident-related claim. But insurers have a responsibility to both their policyholders and their shareholders. This means that while an insurer must pay out all valid claims, it also has a fiduciary duty to properly investigate the circumstances surrounding a claim to ensure it falls within the coverage of the policy. Insurance is not charity, after all, and an insurance company is not “morally” obligated to go beyond the scope of its contractual obligations.
At HD Law Partners, our experienced Orlando insurance bad faith attorneys represent insurers that face first-party, third-party, and subrogation disputes arising from denial of coverage. Florida allows such parties to bring “bad faith” claims, but insurers also have certain legal rights.
What Constitutes “Bad Faith” in Florida?
Section 624.155 of the Florida Statutes provides civil remedies for “any person” who claims to be the victim of bad faith by an insurer. More specifically, an affected party may allege that the insurer did not attempt “in good faith to settle claims” when it should have done so taking into account “all the circumstances.” This does not mean every any denial of a claim is an act of bad faith. Rather, the accuser must show the insurer did not act “fairly and honestly toward the insured and with due regard for her or his interests.”
The law also gives insurers a 60-day window to review any bad faith claims and, if necessary, resolve the issue without the need for litigation. Our insurance bad faith attorneys can assist you with this process. We can determine if the policyholder was in good standing at the time of the event giving rise to the claim, and more importantly, whether the strict terms of the policy are actually applicable. And if you may be liable for coverage, we can also assess the potential value of a settlement.
Experienced Orlando Insurance Dispute Attorneys Helping You
Many bad faith claims revolve around the issue of extra-contractual liability. When an insurer is accused of refusing to settle for the limits of a policy when the liability of the insured is (or should have been) clear, the insurer may be responsible under Florida law for the value of any civil judgment in excess of said limit. At HD Law Partners, we know how to defend against such claims. In many cases, accident victims (and their attorneys) are quick to cry “bad faith” whenever they are dissatisfied with a settlement offer that does not meet their expectations. But as a responsible insurer, you also have rights.
Our Orlando insurance bad faith attorneys have decades of experience when it comes to these types of cases. Let us put that experience to work for you. If you need assistance with an insurance dispute, contact HD Law Partners in Orlando or Gainesville at 800-876-3392, or in Tampa or Sarasota at 813-253-5333.
