Florida Insurance Litigation Attorneys
Insurance litigation usually involves disputes concerning contracts or policies of insurance in the state of Florida and federal civil courts. In certain cases, insurance companies owe legal duties to persons with whom they do not have a contractual relationship.
Some examples of insurance coverage include:
Most insurance disputes involving insurance policies are governed by state statutes. These statutes allow the policyholder to collect attorney’s fees if successful in a lawsuit against their own insurance company. Insurance companies also have a legal duty to act fairly and honestly toward both their policyholders and insured. This duty includes the legal duty that they settle claims and protect their insured from lawsuits when presented with a reasonable opportunity to do so.
Insurance bad faith cases typically arise when a liability insurer refuses to pay their policy limits to a claimant when it is clear that the claimant’s case has a potential jury value equal to or in excess of the insurance policy amount. Consequently, their policyholder or insured gets sued, and when a jury returns a verdict in excess of the policy amount, the policyholder or insured becomes personally liable for the amount over the policy limits. The policyholder may then have a potential bad faith case against its own insurance company for failing to protect him or her from the personal liability.
Some examples of insurance bad faith:
- Failure to promptly investigate or perform due diligence
- Failure to act within a reasonable time
- Denial or delay of a claim without reason
- Undervaluing or underpaying a claim
- Delay in payment while waiting on a settlement with a third party insurer
- Cancellation of insurance policy unjustly
The claimant receiving the verdict or judgment in excess of the policy limits may also have a potential bad faith case against the insurance company for failing to settle for the policy limits when it had a chance.
Your Rights Under Your Policy
Because your insurance policy is a contract, your insurance company is legally obliged to pay the benefits that are outlined in the contract’s conditions. As long as the policy holder is paying their premium payments on time and in the full amount, insurance companies should treat them in good faith.
Your insurance company does have the right to deny a claim if you have not met the necessary requirements of the contract, have not paid your premium, have made a fraudulent claim, or the claim is not covered within your policy.
If your claimed is denied by your insurance company, take all the relevant documents, materials, and policy information to a South Florida insurance litigation lawyer. After an initial consultation, your attorney will be able to determine if your insurance company has committed bad faith and your loss should indeed be covered.
Contact The Florida Insurance Litigation Attorneys at Zimmerman & Frachtman
The attorneys at Zimmerman & Frachtman have handled numerous bad faith cases. Our lawyers are skilled in evaluating and prosecuting insurance bad faith claims. If you, a family member, or a friend has been a victim of bad faith and would like to learn more about your legal rights, please contact us here or call (954) 509-1900 or toll free at 1-(800) 886-LAWS. We offer free consultations and charge you only if we win your case.