What Happens if I Get Injured at a Resort Pool?
When disaster strikes and your property is damaged, you expect your insurance company to step up and honor the promises outlined in your policy. Unfortunately, this does not always happen. Insurance companies are businesses focused on their bottom line, and sometimes they act in ways that are not only unfair but illegal. If you believe your insurance provider is acting in bad faith, the Law Offices of Gonzalo Funes, PA is ready to help. Our Miami bad faith insurance claim lawyer has extensive experience holding insurance companies accountable and fighting for the compensation policyholders deserve. Contact our firm for a free case evaluation today.
Insurance bad faith occurs when an insurance company fails to deal fairly and honestly with its policyholder. Under Florida law, insurance companies have a legal duty to act in good faith when handling claims. This means they are obligated to promptly investigate claims, communicate openly, and pay valid claims without unnecessary delay. When an insurer fails to meet these obligations and either denies a valid claim, delays payment, or offers an unreasonably low settlement without proper justification, that insurer may be acting in bad faith.
It is important to understand that bad faith is more than just a disagreement over the value of your claim. It involves conduct that is unreasonable or dishonest. A simple mistake or a legitimate dispute about coverage does not always rise to the level of bad faith. However, when an insurer’s actions are intentional or demonstrate a reckless disregard for your rights, you may have grounds for a bad faith insurance claim.
Unfortunately, property owners in Miami and throughout Florida often encounter the same bad faith tactics from insurers. Knowing what these tactics look like can help you recognize when your rights might be violated. Some common examples include the following:
If you experience any of these tactics, it may be time to consult a Miami bad faith insurance claim lawyer. The team at the Law Offices of Gonzalo Funes, PA can review your situation and advise you on the best course of action.
Florida has some of the strongest consumer protections in the country when it comes to insurance bad faith. The primary law governing these cases is Florida Statute 624.155. This statute gives policyholders the right to take legal action if an insurance company does not attempt to settle a claim in good faith when it could and should have done so.
Before filing a lawsuit for bad faith, Florida law generally requires that a Civil Remedy Notice of Insurer Violation (CRN) be submitted to the Florida Department of Financial Services and the insurance company. This notice gives the insurer 60 days to correct the bad faith conduct by paying the claim or otherwise resolving the dispute. If the insurer fails to act within that period, you may be able to pursue additional damages through a lawsuit.
It is also worth noting that Florida law allows policyholders to recover damages beyond what was owed under the policy. This can include compensation for economic losses caused by the delay or denial of benefits and, in some cases, attorneys’ fees and costs.
Bad faith is not always obvious at first. Insurance companies often cloak their misconduct in confusing language or lengthy procedures. However, certain red flags may signal that you are not being treated fairly.
You should be concerned if your insurer repeatedly asks for the same documents you have already provided or sets unreasonable conditions for paying your claim. Another warning sign is when your insurer changes adjusters multiple times, causing unnecessary delays, or when you receive lowball offers that do not come close to covering the cost of repairs.
You might also suspect bad faith if your insurer denies your claim for reasons that do not make sense or that contradict what your policy clearly states. Remember, insurance companies are required to explain their decisions in writing and in a manner you can understand. If you feel like you are being kept in the dark, it could be time to seek legal guidance.
Handling a bad faith insurance claim on your own can be overwhelming, as insurance companies have experienced legal teams working to protect their interests. This is why you deserve the same level of advocacy on your side.
At the Law Offices of Gonzalo Funes, PA, we help clients level the playing field. A bad faith insurance claim lawyer can step in to handle communications with the insurer, gather critical evidence to prove bad faith, and ensure that all legal deadlines are met. We can file the necessary Civil Remedy Notice on your behalf and, if the insurer fails to make things right, pursue a lawsuit to hold them accountable.
Our goal is to recover the full amount you are entitled to under your policy, along with any additional damages caused by the insurer’s misconduct. We are committed to standing up for homeowners and business owners who have been wronged by their insurance companies.
One of the most important reasons to pursue a bad faith claim is that you may be entitled to damages beyond what the insurance company should have paid initially. Policyholders who succeed in a bad faith lawsuit can potentially recover:
These additional damages are meant not only to compensate you for your losses but also to discourage insurance companies from engaging in bad faith practices in the future.
If you believe your insurance company has acted in bad faith regarding your property damage claim, do not wait to take action. The Law Offices of Gonzalo Funes, PA offers free initial consultations to help you understand your rights. A Miami bad faith insurance claim lawyer from our firm is ready to help you fight for what you are owed. Contact the Law Offices of Gonzalo Funes, PA so we can get started.
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