Insurance Bad Faith

picture of insurance bad faith claim form

TAMPA, FLORIDA INSURANCE BAD FAITH ATTORNEYS

Swope, Rodante P.A. is known for its success in suing large corporations when their negligence, deceit or bad faith has caused real harm to real people. Other firms may run away from these types of cases because they view them as harder to pursue. However, we routinely handle these types of cases because our attorneys are passionate about taking on this challenge in order to protect our clients. This dedication to fighting for the well-being of the little guy has led us to not only tackle but win many cases on behalf of our clients who have been victims of insurance bad faith.

Insurance Bad faith is a cause of action that is brought against an insurance company for breaching its duty to act in good faith toward its insured in handling the defense and settlement of a claim.

An insurance company has committed bad faith if it:

• Unreasonably stalls on making a decision on a claim
• Denies a claim that it knows is legitimate
• Requires unreasonable actions or documentation by the insured
• Fails to settle a claim within its policy limits when it should have done so had it acted fairly and honestly toward its insured and with due regard for his or her interests

A large insurance company with significant power, money and resources at their disposal can seem like an insurmountable opponent. But, our attorneys specialize in handling David and Goliath type cases and are proud to champion the underdog and battle against the toughest opponents.

Below are some of the most common questions we are asked regarding insurance bad faith:

1) What does the term insurance bad faith mean?
Bad faith is a cause of action that is brought against an insurer for breaching its duty to act in good faith toward its insured in settlement of a claim.

2) What are my rights under my insurance policy?
An insurance policy is a contract. Basically, if you’re abiding by your end of the contract – paying premiums on time – then the insurer has a good-faith duty to abide by the conditions in the policy that require them to pay out benefits in the event of an accident.

3) Does an insurer have the right to deny my claim?
Insurers may have the right to deny claims in some situations where the policyholder has not fulfilled the terms of his or her insurance contract such as failing to make monthly payments or in situations where the claim is not covered by the policy or is fraudulent. To determine if your claim has been unfairly denied, it’s important to consult with a legal team that specializes in bad faith. If you suspect that you have a legitimate claim that has been unreasonably denied, please contact us.

4) An insurer denied my claim without providing a reason why, is this fair?
No. Under Florida law, an insurer should provide you with a reasonable explanation in writing for denial of a claim.

5) What types of claims may insurance bad faith apply to?
Bad faith may apply to various types of insurance ranging from automobile insurance to property insurance and life insurance. If you have a question about whether insurance bad faith applies to your claim, please contact us.

6) What are some common examples of bad faith?

• “Lowballing” – an insurer may attempt to underpay a claim
• Refusing to pay a legitimate claim
• Unreasonably delaying making payments to the insured
• Failing to protect the insured from excess policy judgments

7) Is it possible to take legal action against a big insurance company?
While some law firms shy away from cases against large insurance companies, we specialize in them. We are proud to represent the underdog and stand firm behind our mission to help those who have been the victims of insurance bad faith. If you would like to ask us a question or find out more about your rights as an insured, contact us.