Bad Faith
Insurance companies have tremendous legal resources to fight back against accusations of bad faith. The lawyers at Danahy & Dunnavant, P.A. can help level the playing field by providing our clients with formidable legal representation on bad faith and extra-contractual disputes.
Paying attention to detail when it comes to your insurance company’s handling of your claim from the time you report the claim onward is important. If you submitted a claim promptly, cooperated with all facets of the investigation and provided all documentation requested, your insurance company should honor the claim if it is a covered loss. If however, the insurance company is delaying the claim or otherwise treating you unfairly, provisions of Florida’s bad faith statutes may be at issue.
Provisions within the Florida Statutes and Administrative Code control the conduct of insurance companies in Florida. If an insurance company engages in claims handling practices that are contrary to Florida law, or which violate the recognized industry standards for handling claims, a “bad faith” lawsuit may be appropriate if certain conditions are met.
Lawsuits against insurance companies acting in “bad faith” must be conducted at the end of an insurance claim dispute.
You must first file a document called a Civil Remedy Notice of Insurer Violation (CRN) as a condition of filing a “bad faith” lawsuit. The notice gives the insurance company 60 days to correct the wrongful conduct alleged in your complaint. This form is available on the Florida Department of Financial Services website. The form and legal requirements are complex and a lawyer must complete this document to properly identify the policy provisions and statutory provisions that the insurance company violated on the form. The form also requires details regarding the specific conduct of the insurance company that resulted in the violations.
Danahy & Dunnavant, P.A. files Civil Remedy Notices (CRNs) for the insureds that we represent. If a “bad faith” lawsuit becomes appropriate at the conclusion of the claim dispute, our lawyers have a wealth of experience handling bad faith lawsuits. Give us a call at (813) 906-1841 for a free consultation.
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