Dependable Legal Assistance for Bad Faith Claims
Serving Florida businesses and organizations for more than 20 years
If an insurance company denies an initial claim, the policyholder may decide to file a “bad faith” claim in response. In these situations, it is important to work with an experienced insurance litigation attorney in the Fort Lauderdale area. At Loughren & Doyle, P.A., we are committed to providing our clients with the care and attention they need for their legal issues. We purposefully keep our firm small so that we can better serve you. If you need assistance with a bad faith insurance claim, you can trust in our team and our more than 100 years of combined experience.
About insurance bad faith claims
An insurance policy is considered to be a contract between the insured and the insurer, and according to Florida legal statutes, if an insurer does not attempt to settle claims in good faith when all circumstances indicate that it should do so, the insured may file a civil action lawsuit seeking damages. There are many ways in which an insurance company can act in bad faith:
- Engaging in deceptive practices to avoid paying claims
- Misrepresenting records to avoid giving reasonable coverage
- Using an improper standard to deny a claim
- Failing to thoroughly investigate a claim
- Using abusive or coercive tactics to settle a claim, including persuading the insured to contribute to a claim settlement
Challenging denied claims
If your insurance claim is denied, the first step is to determine why it was denied. Some common reasons for denial include incomplete or inaccurate insurance information, failure to obtain prior authorization, coding errors and omissions or incorrect deductible amounts.
If you feel that your claim has been unfairly denied, you can appeal the decision using either an internal appeal or an external review. An internal appeal requests that the insurance company conduct a full review of the decision. An external review asks an independent third party to review the decision, and if the third party sides with the insured, the insurance company must pay the claim. If both of these options yield unsatisfactory results, the next step might be taking civil action against the insurance company with the help of Loughren & Doyle., P.A.
Taking civil action against bad faith claims
When considering whether to take civil action against an insurance company, keep in mind thatyou must give the insurance company adequate notice. Florida law requires that before taking action against an insurer, you must give the company 60 days’ written notice of the violation. The notice must be on a department-issued form and include details regarding the specific statute the insurer violated, a description of the circumstances of your situation and names of any individuals involved in the violation. If you receive a request for more specific information, the 60-day period will not begin until you resubmit the notice. Speak with an attorney for more information.