Personal Injury Lawyers in Fort Myers & Other Areas in Florida | Car Accident, Wrongful Death, Child Injury & More | Harris Law Firm, P.A.
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Bad Faith Insurance Attorneys

An insurance company earns its money from premiums paid by consumers like you, investing those billions of dollars in premiums, and subtracting its operating expenses as well as claims it pays out. Claims denial is simply a way to sure up this profit-generating system. It is the sum of all of the claim denials, some small, some moderate, and some very large, which add up to a widespread and lucrative practice, but off the radar screen of consumers.

Under this system, insurance companies have earned tens of billions of dollars in profits, despite every hurricane, auto accident, and other claim for which they have been required to pay. Some say that because insurance companies have woven bad faith insurance practices into the very fabric of every segment of their claims and benefits operations, they will always be super-profitable.

Moreover, insurance companies have sought immunize their profits and secure amnesty annually by seeking to restrict injury lawsuits, policyholder lawsuits, raise their premiums, and lobby for laws that immunize them and their biggest corporate policy holders from being held accountable in our civil justice system.

In fact, a strong argument can be made that, despite all of these efforts, even if such efforts were completely unsuccessful (and they have lobbied hard and won several of their efforts restrict the rights of injured consumers), that insurance companies' model for operations in which insurance bad faith is part of its foundation, will always be profitable, no matter how many times they are hit with big verdicts for acting in bad faith.

Consumer Injury

If you have been denied benefits which you believe are covered, or if your claim has been delayed without explanation, then you may be facing this practice. If this is what has happened to you, then you may have been a victim of bad faith insurance practices.

Florida law provides that you should receive good faith and fair dealing from your insurance company. You might be experiencing bad faith insurance practices if any of the following are true:

  • your insurer offers you a settlement far below your damages
  • your insurance company delays payment of benefits
  • they misinterpret the clear policy language
  • slow to respond to routine claims
  • they do not give you straight answers

An insurance attorney can help in situations like these.

Bad Faith Liability

In Florida, an insurance company must deal with you fairly, reasonably, and in good faith. Failing to do so may subject the insurance carrier to an insurance bad faith claim. To be considered acting in good faith, your insurance company must

  • cooperate with you
  • properly adjust the claim
  • timely adjust your claim
  • inform you in writing why it is denying the claim
    • cite to the specific contract terms used to make the decision
  • err on the side of paying the claim
  • be fair and honest with you, the policyholder, at all times
    • set up reasonable times
    • try to get all necessary information as quickly as possible
    • keep you informed of the status and progress of your claim

As a consumer policyholder, you must also be honest in your dealings with your insurance company. A valid claim can be compromised if the insurance company can prove misconduct on your part.

If you have been the victim of an insurance company’s bad faith, then contact a consumer injury attorney at our law firm regarding your bad faith claim. You may be eligible to receive compensation for your losses due to the insurer's misconduct.

We may team up with, co-counsel, or jointly prosecute, your bad faith claim with an insurance claims attorney whom we know and trust. We are sensitive to your needs, share your values, and work hard for you and your family to secure justice.

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