Your Insurer’s Delay Can Give Rise to a Bad Faith Claim
As a general rule, insurers will act to avoid or otherwise minimize their liabilities under their insurance contract with a policyholder. Sometimes, however, the actions taken by an insurer clearly violate their duty of good faith, and thus give the policyholder an opportunity to sue and recover damages pursuant to a bad faith claim. Actions giving rise to bad faith claims include those that involve unreasonable delays in handling, resolving, and processing an insurance claim submitted by the policyholder. Bad faith claims can be somewhat confusing for those who are unfamiliar with the push-and-pull typical of many insurance disputes — as such, you’ll likely want professional guidance to help you navigate the challenges and complexities of bad faith litigation. Get in touch with a qualified Miami bad faith insurance lawyer for assistance. Insurers Have a General Duty to Act in Good Faith In Florida, insurance companies owe a general duty of good faith towards their policyholders. Essentially, the duty of good faith requires that the insurer act fairly and honestly towards one of their policyholders, with due regard of the interests of the policyholder. In determining whether the insurer acted in bad faith, Florida courts must consider the totality of the circumstances surrounding the unreasonable delay at-issue. Suppose, for example, that you have submitted a claim, but the insurer continues to delay their decision on whether they will pay. After investigating further, your attorney discovers that the insurer did not properly investigate and evaluate your insurance claim, and further, that […]