A top insurance bad faith lawyer Delray Beach FL depends on, understands that for many years, insurance companies have used fear to market their products. For example, disability insurance is marketed based on an individual’s fear of not being able to pay their bills if an injury prevents them from working. And life insurance is marketed based on an individual’s fear of leaving their loved ones in a difficult financial situation upon their death.
People buy insurance because they are scared of what might happen if they don’t. Insurance policies, we are told, offer peace of mind and protection against the unknown. But what happens when an insurance company violates the trust placed in it by failing to handle a claim in good faith? Fortunately, Florida law allows an aggrieved policyholder a remedy. The insured can bring a “bad faith” claim against the insurer, and if the insured can prove that the insurer failed to act honestly, fairly and with due regard for the insured’s best interests, damages can be recovered by an experienced insurance bad faith lawyer Delray Beach FL relies on. If the insured can also show that the insurance company’s conduct in handling the claim was in reckless disregard for the rights of the insured or that the insurer’s conduct was part of its regular business practices, punitive damages may also be recovered. Some examples of conduct by an insurance company that can support a “bad faith” claim are:
- an insurer’s failure to properly investigate or evaluate a claim;
- an insurer’s refusal to defend a claim brought against an insured;
- an insurer’s delay in settling a claim, and
- an insurer’s denial of coverage for a claim brought by an insured.
It can be difficult to prove that an insurer’s “bad faith” conduct was part of its regular business practices. One source of information that can be helpful in trying to establish this is the Florida Department of Financial Services. This government agency keeps track of complaints made against insurance companies, and this information is available to the public. The fact that a complaint has been made against an insurer is, by itself, not relevant in a bad faith case; there must be enough complaints to establish a pattern of showing that the specific problem complained of is a regular business practice of the insurer. If this pattern can be shown, an insurance bad faith lawyer Delray Beach FL aggressively fighting for your rights, can bring a bad faith claim against the insurer.
If an insurer denies coverage to an insured, or fails to honor a claim in full, Florida law allows the insured to recover insurance bad faith lawyer Delray Beach FL attorney’s fees if a lawsuit is successfully brought against the insurer. Thus, even if the amount in dispute is rather modest, a lawyer who is successful in helping an insured can recover their fee from the insurer for the time spent assisting the insured.
Insurance disputes, like insurance policies, can be complicated and difficult for most people to understand. The initial consultation is free, and you will speak directly with me, Eric Luckman, about your claim and your rights.
Eric Luckman is a Florida Board Certified Civil Trial lawyer. Less than 2% of lawyers in the state of Florida are recognized with this prestigious certification.
Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.
Feel free to call our office to discuss your case. The initial consultation is free, and you will speak directly with Eric Luckman, about your claim and your rights.
An experienced insurance bad faith lawyer Delray Beach FL trusts, can help you determine whether you have a valid claim.