JUSTICE LAW, BAD FAITH AND INSURANCE LITIGATION LAW FIRM, PLANTATION FLORIDA
Many states including Florida have enacted comprehensive bad faith statutes to protect individuals from insurance companies in order to ensure that they act fairly and honestly towards their insureds. Florida Statutes §624.155 prohibits an insurer from “not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.”
The fundamental purpose behind insurance bad faith law is to deter insurance companies from engaging in activities designed to frustrate or otherwise disturb the claims handling process.
JUSTICE LAW WILL FIGHT TO MAKE INSURANCE COMPANIES LIVE UP TO THEIR OBLIGATION TO YOU
Two Types of Bad Faith Claims:
First party bad faith claims involve both of the parties to the insurance coverage agreement and as a result, any allegation of bad faith is typically included with a claim for breach of contract.This contractual relationship existing between the insurer and insured means that the insurance company (insurer) owes a specific duty of care and good faith to the insured when handling any claim.
First party bad faith claims arise when your insurance company refuses to pay a claim without a reasonable basis. Even if your insurance company has a reasonable basis for denial, a bad faith action may still exist if your insurance company failed to properly investigate the claim in a timely manner.
Third party bad faith claims are different from first party claims in that they involve an individual who is not the insured under the insurance policy making a claim against the insurance company, or insurer. In other words, third party bad faith claims do not involve both parties to the insurance coverage agreement because the individual making a claim against the insurance company is not a party to the underlying contract.
For example, a third party bad faith claim may arise where an insured under an insurance policy injures another person (i.e., third party) and that injured party sues the insured’s insurance company to recover and they deny the claim.
If you are injured due to the negligence of another individual or entity and the insurance carrier for the responsible party fails to defend or indemnify or settle a claim within policy limits without a reasonable basis, a bad faith action may exist.
A third party bad faith action may also exist where the insurance carrier for the responsible party fails to timely and properly investigate or defend your claim on behalf of their client.
At Justice Law, our experienced trial attorneys can offer you sound legal advice regarding your potential bad faith insurance claim. We work closely and negotiate aggressively with the insurance company on your behalf, and have a longstanding track record of success achieving the best possible result for our clients.
While our main objective is to preserve and protect your rights under applicable law, and insure that insurance companies live up to their obligations. Our experienced team deals with the auto and health insurance companies as well as Medicare or Social Security on your behalf.