An insurance policy is a formal contract between an insurance company and a policyholder that requires both parties to meet their contractual obligations.
When the insurer fails to follow the terms of the contract, the policyholder can pursue a lawsuit to hold the insurance company responsible for acting in bad faith.
At Nicoletti Walker Accident Injury Lawyers, our knowledgeable lawyers offer client-focused representation and aggressive advocacy to insured individuals in Port Richey dealing with bad faith insurance. Our Port Richey bad faith insurance lawyers have recovered compensation for countless victims of dishonest insurance companies.
Port Richey is a suburban city in Pasco County, Florida, with a population of nearly 2,800 people. The vast majority of Port Richey residents have homeowners’ and auto insurance coverage. Anyone can become a victim of bad faith insurance when filing a homeowners’ insurance or car accident claim (or any other).
But how much do residents of Port Richey pay for insurance?
On average, a resident of Port Richey spends approximately $3,000 on homeowners and car insurance policies. Unfortunately, even if a policyholder is consistently paying premiums, they could still become a victim of bad faith insurance.
If you live in Port Richey and your insurance company refuses to pay your claim without a reasonable basis or fails to uphold other contractual terms, you may be able to pursue a bad faith insurance claim. However, it is highly beneficial to contact a Port Richey bad faith insurance lawyer to help you fight back and protect your legal rights.
Many policyholders are unable to recognize signs of bad faith insurance practices. However, it is vital to understand what types of bad faith insurance practices you can expect when dealing with your insurance company.
A study found that the threat of liability for bad faith can reduce the likelihood of an insurance company underpaying a claim. However, when the insurance company sees that it is dealing with a policyholder who lacks legal knowledge, it is more likely to engage in misleading or deceptive conduct because the policyholder would not understand that the insurer might engage in that type of conduct.
For this reason, it is critical to have the representation of a skilled bad faith insurance lawyer to protect your rights and help you distinguish between good faith and bad faith insurance practices.
Let’s review some of the most common examples of bad faith insurance practices to help you determine if your insurance company is engaging in dishonest, misleading, or deceptive conduct:
Many people do not realize that insurance claims adjusters have the training to protect their company’s best interests by undervaluing, delaying, and even denying valid claims.
If you believe your insurance company may be acting in bad faith, do not hesitate to contact a Port Richey bad faith insurance lawyer to evaluate your particular situation and help you understand your options.
Under Florida law, a victim of insurance bad faith may receive the following types of damages:
If your insurer denied your insurance claim for no reason or is otherwise acting in bad faith, you need to consult with an experienced attorney to help you pursue compensation for your damages and losses.
Your insurance company must meet its contractual obligations to act in good faith and handle your claim fairly. Unfortunately, insurers are not acting in good faith all the time, which is why you can benefit from hiring an experienced attorney to:
Note: Keep in mind that there is a time limit to pursue a bad faith insurance lawsuit in Florida. Under Fla. Stat. § 95.11, you have five years to initiate a bad faith insurance lawsuit.
Let’s review some of the most common questions about bad faith insurance.
Insurance bad faith is a legal term used to describe an insurance company’s failure to handle a policyholder’s claim according to the terms of the policy.
Insurance companies have a legal duty to act in good faith when handling and settling claims. If an insurer fails to meet its contractual obligations, you may have a right to pursue a bad faith insurance claim to recover damages.
While many insurance companies engage in subtle forms of bad faith insurance, others do things that are a clear breach of contract. When dealing with an insurance company after filing a claim, look for the following signs of bad faith conduct:
If you suspect that your insurance company is acting in bad faith, you have legal options to hold the insurer responsible for its unlawful and inappropriate actions.
In many cases, it can be difficult to determine whether or not your insurance company has failed to meet the requirements of the contract. For this reason, you need to get the expert advice of a knowledgeable lawyer who specializes in bad faith insurance cases to review your situation.
Since the population of Port Richey is only 2,800, some people may presume that they are unlikely to become victims of bad faith insurance in a small city.
Unfortunately, that is not true. A resident of Port Richey is just as likely to deal with an insurance company acting in bad faith as a resident of any big city with millions of residents.
Your insurance policy is a contract between you and your insurance company. By placing your signature and agreeing to the terms of the policy, you assumed a responsibility to meet your obligations under the contract.
Your insurance company, for its part, assumed the obligation to act in good faith and abide by the terms of your policy.
Bad faith insurance can apply to any insurance policy, including but not limited to auto insurance, homeowners’ insurance, and health insurance. Regardless of the type of your insurance policy, your insurer is legally required to follow the terms of the contract.
Not necessarily. Insurance companies have a right to deny claims when the denial is legitimate. For example, your insurer may deny claims that fall outside the policyholder’s coverage or when the policyholder fails to abide by the conditions of the policy.
It is advisable to consult with a lawyer to determine whether or not your insurance company was acting in bad faith when it denied your claim.
No, it is illegal to deny an insurance claim without providing a reason. In Florida, insurance companies have the legal requirement to provide policyholders with a reasonable explanation for denying their claims.
Under Florida law, you must first provide your insurance company with written notice of an alleged violation before filing a bad faith insurance lawsuit. You are legally required to give a 60-day notice of the insurer’s alleged bad faith violation to give the company a reasonable opportunity to “cure” the violation.
If the insurer fails to respond to the notice or cure the violation within 60 days, you will be able to file a lawsuit to hold the company liable for acting in bad faith.
To win your bad faith insurance lawsuit, your lawyer will need to demonstrate clear and convincing evidence proving that:
Fla. Stat. § 627.4136 prohibits third parties from filing a lawsuit against a liability insurer unless they have obtained a settlement or verdict against the insured.
In addition to the benefits you deserve under your insurance policy, filing a bad faith insurance lawsuit may allow you to recover consequential damages, including attorney’s fees and lost wages. You may also be eligible for punitive damages, as discussed above.
If you filed your insurance claim in Port Richey, you could benefit from hiring a lawyer with offices in the city. A local bad faith insurance lawyer is familiar with the insurance industry in Port Richey and can use their knowledge to your advantage.
It is advisable to hire a bad faith insurance lawyer in Port Richey to ensure that your claim proceeds effectively.
At Nicoletti Walker Accident Injury Lawyers, our skilled and results-driven lawyers have decades of experience representing policyholders in Port Richey and throughout Florida in bad faith insurance cases.
Our Port Richey bad faith insurance lawyers will handle your claim with the personalized attention it deserves to ensure that you get the compensation you should.
We offer contingency fee arrangements to clients, which means you do not have to worry about paying attorney’s fees until after our lawyers have successfully obtained compensation on your behalf. If we don’t win, we don’t receive payment. It’s that simple.
“The Nicoletti Law firm is by far the best law firm for your needs. The entire firm treats you as family and are there for you when needed the most. Above all else they will give you straight honest answers and guide you to the best outcome for your case. Highly recommend this firm.”
Rating: 5/5 ⭐⭐⭐⭐⭐
NICOLETTI WALKER ACCIDENT INJURY LAWYERS – PORT RICHEY
Port Richey 34668