What Is a Florida Bad Faith Insurance Claim?In Florida, insurance companies must act in good faith when they make claim determinations. In other words, the company and its representatives must act fairly and reasonably, and they deprive a policyholder of the benefits they deserve. If they could, insurance companies would never approve claims — because doing so would cost them money. This duty to act in good faith protects all of us from unfair, financially-motivated insurance claim denials. Examples of insurance company bad faith include the following:
- Improperly trying to rescind or revoke an insurance policy
- Incorrectly applying a policy exclusion to a legitimate claim
- Intentionally delaying payments to a disabled worker
- Denying a claim that clearly meets the policy’s requirements
- Failing to properly investigate a claim
- Failing to communicate with an insurance claimant
- Making unreasonably low settlement offers as well as pressuring the worker to accept it without help from a lawyer
- Misrepresenting the terms and conditions of your insurance policy
You Are Legally Protected From Bad Faith Insurance ClaimsFlorida law prohibits bad faith insurance claims. The Employee Retirement Income Security Act of 1974 is a federal law that regulates employer-sponsored benefit plans, such as company-funded pensions, disability insurance, and health plans. ERISA preempts — or overrides — state laws. This means that you cannot file Florida bad faith insurance claims when the misconduct is linked to an ERISA plan. However, you might have other legal remedies under federal law. For more information, or to find out if your insurance policy is covered by ERISA, contact a bad faith insurance claims attorney at our office today.
Don’t Be a Victim: Regain Control With Help From a LawyerWhen you work with an experienced insurance law attorney, they’ll help you navigate all of your claims and protect your legal rights. This means that your lawyer should do the following:
- Advocate for the payment of benefits and potentially negotiate a settlement
- Compile evidence that supports your claims
- Help you complete forms as well as respond to insurance company requests for information
- Educate you about your rights and how to protect yourself from surveillance and insurance company abuse
- Serve as a go-between with the insurance company, ensuring that the company meets its legal duties
- Inform you of your appeal rights and options (if necessary)
- Monitor your claim for bad faith dealings
Schedule an Appointment to Discuss Bad Faith Insurance ClaimsIf you believe that you or a loved one were denied insurance benefits in bad faith, contact the CJ Henry Law Firm as soon as possible. Our skilled team will carefully interview you, assess your claim, and help you build a strategy to address the insurance company’s bad faith. Consultations are always free. To request a meeting with one of our attorneys, simply call us or complete our online contact form.
This Law Protects You
Under this law, insurance companies have to pay or deny a claim in a reasonable amount of time, evaluate the claim fairly, and cooperate with the claimants throughout the entire process. If any of these do not happen, then a bad faith disability insurance attorney could help you receive additional monetary sums that include:
- Payment of your underlying insurance claim
- Compensation for your emotional distress
- Punitive damages
- Attorney’s fees
- Other damages caused by the insurance company
It is worth noting that bad faith laws do not apply to all disability claims. ERISA claims, for example, are exempt from this particular legal clause. For an evaluation of your disability insurance dispute and to see if bad faith applies, contact the disability attorney at CJ Henry Law Firm.
Don't Be A Victim
You probably don’t want to deal with a bad faith lawsuit, but if you think you are a victim, you should contact a law firm immediately to evaluate your case. Without the help of a good disability insurance lawyer, you are at the mercy of the insurance company.
A Florida disability lawyer from CJ Henry Law Firm can help you get every bit of the damages you deserve in a bad faith case. We have experience in uncovering disability bad faith practices to evaluate your case and help you. Don’t leave any money on the table that is rightfully yours. Contact us today to see how we can help!
I was employed as a manager for a production line for a major manufacturing company for many years. I sustained a disabling shoulder injury which required surgery. After an unsuccessful attempt to return to work following surgery, I was taken out of work by my doctor. I filed claims for both short and long term disability benefits, which were ultimately terminated or denied. CJ Henry Law Firm was proactive in recommending a functional capacity assessment to provide the insurance company objective evidence of my inability to function. They also obtained a medical assessment of my functioning from my medical provider. C J Henry Law Firm assisted me in a successful appeal of long and short term disability benefits denial by Sun Life, and also successfully appealed my Social Security denial of disability benefits. C J Henry Law Firm systematically put a case together based on my authenticated medical condition and expert medical opinion that could not be denied upon review. Thanks C J Henry Law Firm for representing me and doing such a thorough job of putting these successful appeals together.Charles Beauregard