Insurance Coverage Disputes / Bad Faith

Insurers sell insurance for all types of risks. However, the language of your insurance policy will determine if all, or part, of your damages to your home, auto, or business are covered under the facts surrounding your loss. Based solely on the language of the policy of insurance, some types of claims may not be covered, partially excluded, or limited in some manner by your insurance policy. Many insurers try to use its policy language to tell an insured that their damages are not covered. The insurance company is not always correct in these determinations. They may try to use a definition in their interpretation that is not contained in or otherwise defined by the policy, make a strained interpretation of the policy language, or use a prior court precedent that is no longer the law.

An attorney experienced in Florida insurance coverage disputes can assist you in ensuring you get the insurance coverage you have paid for. Insurers are not always right, and you do not have to accept their determination on coverage or damages without question. Please consult an experienced insurance attorney to protect your rights. When your insurance company is limiting your insurance coverage or is denying coverage exists for a loss, the attorneys at Wells Law Group can assist you in determining what insurance coverage is available to cover your loss, and in making the insurer live up to the promises it made to you when you bought the insurance.

Insurers sell insurance for all types of risks. However, the language of your insurance policy will determine if all, or part, of your damages to your home, auto, or business are covered under the facts surrounding your loss. Based solely on the language of the policy of insurance, some types of claims may not be covered, partially excluded, or limited in some manner by your insurance policy. Many insurers try to use its policy language to tell an insured that their damages are not covered. The insurance company is not always correct in these determinations. They may try to use a definition in their interpretation that is not contained in or otherwise defined by the policy, make a strained interpretation of the policy language, or use a prior court precedent that is no longer the law.

An attorney experienced in Florida insurance coverage disputes can assist you in ensuring you get the insurance coverage you have paid for. Insurers are not always right, and you do not have to accept their determination on coverage or damages without question. Please consult an experienced insurance attorney to protect your rights. When your insurance company is limiting your insurance coverage or is denying coverage exists for a loss, the attorneys at Wells Law Group can assist you in determining what insurance coverage is available to cover your loss, and in making the insurer live up to the promises it made to you when you bought the insurance.

When you purchase an insurance policy you are attempting to purchase security for you, your family or your business. An insurance policy is not just a promise to compensate you for your damages as the result of a loss covered by the policy of insurance, but a legally recognized implied promise to act in good faith and in your best interests at a time when you need it most.

If your insurance company engages in improper claims handling practices while adjusting your claim, that are contrary to generally recognized standards for handling claims in the industry and/or Florida law, the insurer is referred to as having acted in “bad faith.” A lawsuit for improper claims handling practices may be appropriate. Improper claims handling practices include an insurer's:

1. refusal to thoroughly and properly investigate your claim in a timely manner;
2. unreasonable stall tactics including the delay in payment of your claim, slow claims adjustment, or numerous requests for records without explaining the reasons therefore or the relevance of the materials requested;
3. refusal to pay the full value of your claim;
4. unreasonable claim denials;
5. and unreasonable interpretation of policy language.

An insurer's rejection of a claim, or a dispute regarding a claim, is not always the result of bad faith by an insurer. An insurer, even when it is determined by a court to be wrong in its determination of coverage or damages, may be found to have a legitimate reason for taking its position, but that is not always the case. Frequently insurance companies, and their adjusters, place the interests of the insurance company before the interests of their insureds and these actions damage the insured.

There are also times when an insurance adjuster’s improper handling of an insurance claim is due solely to the claims processing guidelines imposed by the insurer itself. These are designed to decrease the insurer's costs and increase profits for the insurance company. When the insurer's claims processing guidelines are improper, adjusters do not have the authority or the support to timely, properly and fairly process a claim. In this type of situation, or when the insurer violates Florida law by utilizing unfair and deceptive claims practices, there may be a potential claim for punitive damages. Punitive damages are imposed by the court to punish the insurer for egregious actions, and the award of punitive damages are in excess of the insured's damages, suffered as a direct result of the insurer's actions.

A bad faith lawsuit against an insurer usually cannot be filed until the coverage dispute is completed by settlement, appraisal award or verdict. However, the insurer's conduct giving rise to a bad faith claim normally occurs before a claim is denied or resolved. Accordingly, a claim of insurance bad faith must be properly preserved during the claim handling period. This is not done simply by recognizing the improper actions of the insurer, but also by complying with Florida laws that require certain actions or conditions precedent, to bringing the bad faith action.

When you purchase an insurance policy you are attempting to purchase security for you, your family or your business. An insurance policy is not just a promise to compensate you for your damages as the result of a loss covered by the policy of insurance, but a legally recognized implied promise to act in good faith and in your best interests at a time when you need it most.

If your insurance company engages in improper claims handling practices while adjusting your claim, that are contrary to generally recognized standards for handling claims in the industry and/or Florida law, the insurer is referred to as having acted in “bad faith.” A lawsuit for improper claims handling practices may be appropriate. Improper claims handling practices include an insurer's:

1. refusal to thoroughly and properly investigate your claim in a timely manner;
2. unreasonable stall tactics including the delay in payment of your claim, slow claims adjustment, or numerous requests for records without explaining the reasons therefore or the relevance of the materials requested;
3. refusal to pay the full value of your claim;
4. unreasonable claim denials;
5. and unreasonable interpretation of policy language.

An insurer's rejection of a claim, or a dispute regarding a claim, is not always the result of bad faith by an insurer. An insurer, even when it is determined by a court to be wrong in its determination of coverage or damages, may be found to have a legitimate reason for taking its position, but that is not always the case. Frequently insurance companies, and their adjusters, place the interests of the insurance company before the interests of their insureds and these actions damage the insured.

There are also times when an insurance adjuster’s improper handling of an insurance claim is due solely to the claims processing guidelines imposed by the insurer itself. These are designed to decrease the insurer's costs and increase profits for the insurance company. When the insurer's claims processing guidelines are improper, adjusters do not have the authority or the support to timely, properly and fairly process a claim. In this type of situation, or when the insurer violates Florida law by utilizing unfair and deceptive claims practices, there may be a potential claim for punitive damages. Punitive damages are imposed by the court to punish the insurer for egregious actions, and the award of punitive damages are in excess of the insured's damages, suffered as a direct result of the insurer's actions.

A bad faith lawsuit against an insurer usually cannot be filed until the coverage dispute is completed by settlement, appraisal award or verdict. However, the insurer's conduct giving rise to a bad faith claim normally occurs before a claim is denied or resolved. Accordingly, a claim of insurance bad faith must be properly preserved during the claim handling period. This is not done simply by recognizing the improper actions of the insurer, but also by complying with Florida laws that require certain actions or conditions precedent, to bringing the bad faith action.

At Wells Law Group we handle bad faith insurance cases, and have participated in the litigation and trial of these actions. In pursuing the rights of our clients we help hold insurance companies responsible for improper and unlawful conduct. This allows us to make it less profitable for insurance companies to breach their insurance policies, act in derogation of an insureds' rights, and violate that implied covenant of good faith that is a part of every insurance contract. At Wells Law Group, our goal in all cases, including those involving an insurer's bad faith practices, is to force the insurance company to fully compensate our clients and make our clients whole again. You purchased insurance for security and peace of mind. When an insurer breaches that trust, we endeavor to make the insurer pay the price for forcing the insured to fight the very insurance company they paid premiums to, and in which the insured put their faith and trust.

At Wells Law Group we handle bad faith insurance cases, and have participated in the litigation and trial of these actions. In pursuing the rights of our clients we help hold insurance companies responsible for improper and unlawful conduct. This allows us to make it less profitable for insurance companies to breach their insurance policies, act in derogation of an insureds' rights, and violate that implied covenant of good faith that is a part of every insurance contract. At Wells Law Group, our goal in all cases, including those involving an insurer's bad faith practices, is to force the insurance company to fully compensate our clients and make our clients whole again. You purchased insurance for security and peace of mind. When an insurer breaches that trust, we endeavor to make the insurer pay the price for forcing the insured to fight the very insurance company they paid premiums to, and in which the insured put their faith and trust.