An insurance policy is more than just a promise to compensate you for your damages as the result of a covered loss. It also contains an implied promise to act in good faith at a time when people need it most. When you purchase an insurance policy, you are attempting to purchase security for you, your family or your business.

If, during the adjustment of your claim, your insurance company engages in practices that are contrary to Florida law, or violates the generally recognized standards for handling claims recognized in the industry, the insurer is referred to as having acted in “bad faith,” and a lawsuit for improper claims handling practices may be appropriate. Improper claims handling practices include:

• a refusal to investigate your claim thoroughly, properly, and in a timely manner
• unreasonable delay in payment of your claim, slow payment, or stall tactics
• the refusal to pay the full value of your claim
• unreasonable claim denials
• and unreasonable interpretation of policy language

Not every rejected claim or dispute is the result of bad faith by an insurer. Sometimes an insurer, even when it is determined by a court to be wrong in its determination of coverage or damages, may have a legitimate reason for taking their position. However, that is not always the case. Many times insurance adjusters simply do not put the interests of their insureds before the interests of the insurance company and this action damages the insured.

In addition, there are times when an insurance adjuster’s improper handling of an insurance claim is due to the claims processing guidelines imposed by his employer, your insurer. These are designed solely to cut costs and increase profits for the insurance company. In these cases, adjusters have neither the authority nor the support to timely and fairly process a claim. In these cases, there may be a potential claim for punitive damages, in addition to a claim for those damages suffered as a direct result of the claims handling of the insurer.

An insurance bad faith lawsuit cannot usually be filed until the coverage dispute is over. Despite this, the conduct giving rise to a bad faith claim usually occurs before a claim is denied and before that dispute is resolved. As such, a claim of insurance bad faith must be properly preserved during the claim handling period, not only by recognizing the importance of the insurer's actions, but also by complying with statutory conditions precedent, to bringing the action.

The attorneys at Pilka & Wells handle bad faith insurance cases. Pursuing the rights of our clients and holding insurance companies responsible for improper and unlawful conduct allows us to make it less profitable for insurance companies to breach their insurance policies and violate that implied covenant of good faith that is a part of every insurance contract. Our goal in bad faith cases is to make the insurance company fully compensate our clients, to make them whole again, and compensate them for having to fight the very company they looked to for, and paid to provide them with, their security and peace of mind.

Make an appointment today by telephone.

Brandon, Florida (813) 653-3800
Lakeland, Florida (863) 687-0780