Insurance Bad Faith

Almost all adults in Florida and Texas have some type of insurance coverage, whether it is coverage for property damage, your vehicle, your health care, your boat, or your business. The contract you have with your insurance company is one that is legally binding and which you expect to be honored when making a legitimate claim under its terms and conditions. However, when your insurer fails to honor the terms of your policy in some way, it is known as “insurance bad faith.”

Bad faith occurs in many ways but all types can lead to the stress of having to deal with the issue yourself as well as facing potential financial loss. At Schirmer Law, we understand what a difficult position this can be, and we are here to help you resolve the matter. Our firm deals with insurance-related matters, such as large-scale property damage claims, on a daily basis. We are well aware of insurance company tactics used against policyholders that put you at a disadvantage. Fighting powerful insurance companies may seem like a lost cause but these companies are subject to the law like anyone else and can be held accountable when they violate their duty through bad faith tactics.

Bad Faith Insurance Actions

As a policyholder in Fort Lauderdale or Houston, you are expected to comply with your policy contract such as paying your premiums fully and on time in order to keep your coverage. On the other hand, your insurer is equally required to abide by the terms of your contract such as providing you with its actual coverage. When they fail to do so, it is considered bad faith or avoidance of their obligations per your contract.

Examples of bad faith insurance can include but are not limited to:

• Taking an unreasonable amount of time to make a decision on your claim
• Denying your claim when it is actually legitimate
• Denying or delaying your claim without giving you a fair reason
• Failing to respond to you promptly after you have notified them of your claim
• Trying to settle your claim based on a change in the policy for which you were not notified or did not give your consent
• Requiring you to provide unreasonable documentation or other actions before settling your claim
• Intentionally misrepresenting the terms of your policy
• Offering you less than what your coverage states
• Failing to investigate properly or promptly in order to settle your claim

These types of actions on the part of your insurance company can lead to the necessity to file a bad faith claim against them. Florida and Texas law provides a civil remedy for bad faith behavior. It describes bad faith as “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.”

Contact Our Firm for Experienced Help

The insurance industry is powerful and can be intimidating. Seeking legal recourse against a company that has acted in bad faith can be a daunting matter and not one you should try alone. You will need a strong legal advocate on your side, one who deals with these companies routinely. At Schirmer Law, we focus on insurance-related disputes and issues. If you need help fighting back, we recommend that you learn more about how we can assist you with aggressive representation.