Every insurance claim involves some waiting. Adjusters inspect, estimates get reviewed, paperwork moves slowly. None of that is bad faith. Bad faith begins where legitimate claim handling ends — when an insurer stops trying to figure out what it owes and starts trying to avoid paying it.
What bad faith looks like in practice
- Endless “additional documentation” requests for records already provided.
- Inspections that ignore obvious damage, or experts hired to reach a predetermined conclusion.
- Settlement offers that bear no relationship to the documented cost of repair.
- Silence — letters unanswered, deadlines missed, adjusters reassigned without notice.
The legal mechanics
Florida Statute §624.155 lets a policyholder pursue an insurer that fails to settle a claim in good faith when it could and should have done so. The required first step is a Civil Remedy Notice — a formal filing that gives the insurer sixty days to cure its conduct. Done correctly, it either gets the claim paid or builds the record for a bad faith action.
The stakes for the insurer change completely at that point: a bad faith judgment can exceed the policy limits and include consequential damages — which is why the credible threat of one changes how a claim gets handled.
Insurers handle claims differently when they know someone is keeping score. Our job is to keep score.
If your claim has been sitting for months, or the offer on the table is a fraction of your contractor’s estimate, have the file reviewed. The consultation costs nothing, and bad faith cases are handled on contingency.
Duboff Law Firm · North Miami, Florida
This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. For advice on your specific situation, contact an attorney.
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