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What constitutes a bad faith insurance claim?

On Behalf of | Nov 3, 2020 | First-Party Property Insurance Claims

Wind, flooding and other severe weather conditions are some of the greatest threats to South Florida residents. Homeowners must also concern themselves with other factors, including mold, fire, settling, sinkholes and crime — which is why they carry insurance. If your insurer doesn’t pay your claims, however, then you may need to file a bad-faith lawsuit. 

What exactly is a bad-faith lawsuit? While each jurisdiction defines a bad faith claim differently, policyholders must generally prove two different elements to be eligible to file a bad faith insurance claim:

  • Policyholders must prove that their insurance company withheld due benefits based on your policy and coverage limits. You may also need to produce a demand letter in which you outline the losses you suffered and formally present it to the defense before suing your insurance company.
  • You must prove that your insurance company was unreasonable in withholding those benefits. It can be helpful in your Florida case if you can show that your insurer failed to adhere to industry standards in investigating and processing claims, whether they denied your claim without providing their reasoning, took an extended (and excessive) period to respond, misrepresented your policy’s entitlements or something else.

Florida, like everywhere else, has its requirements for what constitutes a bad faith claim. You may find it quite helpful to consult with an individual insurance litigation attorney who has experience working with insurers to resolve coverage denials and is willing to fight for the compensation you are entitled to receive. Don’t let an insurance company take advantage of you or stonewall a valid claim. Get help to fight back.

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