Frequently Asked Questions - Insurance Coverage Disputes/Bad Faith


What does the insurer mean when it says my claim is excluded under the terms of the policy?

Insurance policies contain what are called exclusions. In some cases, the policy states what is covered, and at other times, the policy will cover almost everything but then specifically exclude some causes of damage to your home or business. Just because your insurer interprets your policy in a manner that says there is no coverage or the claim is excluded, this does not mean the insurer is correct. When you have a question about insurance coverage, policy interpretation or your insurer denying or delaying your claim, call insurance coverage attorney Kim Wells at Wells Law Group, P.A. Our firm can help.

I have insurance for my home, so why is the insurer telling me I have no coverage for my claim?

Denials of coverage by insurers are usually based on the facts of a loss as compared to the insurance policy's insuring agreement and exclusions. If your insurer is stating that you have no coverage for your claim, ask for a copy of the policy and the written reasons for the denial. Then call our firm, Wells Law Group, P.A. We can assist you in analyzing the policy and ensure that the insurer has not misstated the coverage, misinterpreted the facts or simply failed to understand the effect of its own policy language.

What can I do if the insurer says there is no coverage for my claim?

The insurer is not always right in its determinations of whether coverage exists. The worst thing you can do when the insurer denies your claim is to just accept it. Have an experienced insurance coverage attorney from Wells Law Group, P.A., review your policy and the claim with you. If coverage is available under the policy based upon the facts, we will take the appropriate action to have the insurance company accept coverage or have a court rule that coverage is available.

What is "bad faith"?

Bad faith is the term used in the industry when an insurance company engages in improper claims-handling practices while adjusting your claim or in actions that are contrary to generally recognized standards for handling claims in the industry and/or Florida law. When an insured is damaged by an insurer's improper actions, the insured may be able to obtain damages in excess of the policy limits.

My insurer has continued to delay payment to me for my claim. Is there anything I can do?

Yes. The first thing you need to do is obtain the services of an experienced insurance coverage lawyer. The insurance attorney Kim Wells at Wells Law Group, P.A., can work on your behalf to obtain your insurance policy proceeds for you. When an insurer has delayed payment to you under the policy, a court may determine, after the original claim is resolved, that the insurer acted in bad faith and award you any damages you suffered due to its improper actions.

What can I do if the insurer is offering me only a small portion of my total damages?

As in the case of a delay in payment, the first thing you need to do is obtain the services of an experienced lawyer. The managing attorney at our firm will work on your behalf to obtain all of the insurance policy proceeds to which you are entitled. In cases where an insurer has refused to pay all the policy benefits afforded under a policy and after the original claim is resolved, a court may determine that the insurer acted in bad faith and may award you any damages you suffered due to your insurer's improper actions.

My insurer agreed to pay one portion of my claim only if I agreed to a minimal amount on another part of my claim. Can it do that?

No. That is an unfair and deceptive claim practice under Florida law and can subject the insurer to punitive damages as well as the compensatory damages to which you are entitled under the policy. If this has happened to you, contact our firm, Wells Law Group, P.A., to speak with Kim Wells, our experienced and qualified insurance coverage attorney, to discuss your claim.