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Orlando Insurance Bad Faith Lawyer
We prioritize our clients, ensuring their needs are met every step of the way. Our dedication guarantees your satisfaction; we persist until we achieve it. Plus, we handle claims on contingency, so there’s no upfront cost to you.
When you pay your insurance premiums, you expect your insurance company to be there for you when you need them most. Whether it’s a car accident, property damage, or a personal injury claim, insurance companies have a legal and ethical obligation to handle your claim fairly and in good faith. However, all too often, insurers prioritize their profits over their policyholders, using deceptive tactics to delay, underpay, or wrongfully deny valid claims. If your insurance company is acting in bad faith in Orlando, Winter Park, Kissimmee, or anywhere in Central Florida, you need an experienced Orlando insurance bad faith lawyer to hold them accountable. At Campione Law, P.A., we specialize in insurance litigation, aggressively pursuing justice for policyholders against multi-billion dollar insurance corporations.
Founded by Christopher D. Campione, Esq., our firm brings a relentless, litigation-focused approach to every case. We understand the complex laws governing the insurance industry and the tactics adjusters use to minimize payouts. We don’t just negotiate; we prepare every case for trial, sending a clear message to insurers that we will not accept anything less than full compensation. Whether you are dealing with a denied hurricane damage claim or an insurer refusing to pay a clear-cut car accident settlement, we are here to fight for your rights.
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What is Insurance Bad Faith in Florida?
In Florida, insurance bad faith occurs when an insurance company fails to fulfill its contractual obligations to its policyholder or fails to act fairly and honestly in settling a claim. Florida law recognizes two types of bad faith claims:
- First-Party Bad Faith: When your own insurance company (e.g., your homeowners’ or auto insurer) fails to pay your valid claim or acts unfairly toward you.
- Third-Party Bad Faith: When an at-fault party’s insurance company fails to settle a claim against their policyholder within policy limits when it could and should have done so, exposing the at-fault party to a judgment exceeding their coverage.
Common Examples of Insurance Bad Faith
Insurance companies use various tactics that may constitute bad faith under Florida law:
- Wrongful denial of coverage: Denying a valid claim without a reasonable basis or a proper investigation.
- Unreasonable delays: Intentionally dragging out the claims process to pressure the policyholder into accepting a lower settlement.
- Failure to investigate: Failing to conduct a thorough and timely investigation into the facts of the claim.
- Lowball settlement offers: Offering an amount that is significantly less than the true value of the claim.
- Misrepresenting policy language: Using confusing or deceptive language to avoid paying what is owed under the policy.
- Failing to communicate: Ignoring phone calls, emails, or written inquiries from the policyholder.
- Threatening the policyholder: Using intimidating tactics to discourage the policyholder from pursuing a claim.
- Refusing to settle: Failing to settle a third-party claim when liability is clear and damages exceed policy limits.
Florida Law Governing Insurance Bad Faith
Florida has specific statutes that protect policyholders and provide a legal remedy for bad faith:
- Florida Statutes § 624.155: This is the primary statute governing civil remedies against insurers. It allows policyholders to bring a civil action against an insurer for various bad faith practices, including not attempting in good faith to settle claims when it could and should have done so.
- Civil Remedy Notice (CRN): Before filing a bad faith lawsuit under § 624.155, a policyholder must file a CRN with the Florida Department of Financial Services, giving the insurer 60 days to “cure” the bad faith by paying the claim or correcting the unfair practice.
- Common Law Bad Faith: Florida also recognizes common law third-party bad faith claims, which do not require a CRN but have different legal requirements.
What Damages Can You Recover in a Bad Faith Claim?
If you successfully prove that your insurance company acted in bad faith, you may be entitled to damages beyond the original value of your claim, including:
- The full amount of the original claim: Plus interest from the date it should have been paid.
- Consequential damages: Financial losses you suffered as a result of the insurer’s delay or denial (e.g., lost business, damage to credit).
- Emotional distress: Compensation for the stress and anxiety caused by the insurer’s unfair treatment.
- Attorney’s fees and costs: Under Florida law, if you win a bad faith case, the insurer may be required to pay your legal fees.
- Punitive damages: In cases where the insurer’s conduct was particularly egregious or part of a widespread pattern of abuse.
There are no upfront costs to get started
CAMPIONE CARES
CAMPIONE CARES
Why Hiring an Orlando Insurance Lawyer Matters
Insurance companies have teams of lawyers and adjusters working to protect their bottom line. You need an advocate who knows their playbook. An experienced attorney from Campione Law will:
- Analyze your policy: Identifying exactly what coverage you are entitled to and where the insurer is falling short.
- Document the bad faith: Keeping a meticulous record of all communications and delays by the insurer.
- File the Civil Remedy Notice: Ensuring all legal requirements are met to preserve your right to sue.
- Negotiate from a position of strength: Using our litigation-ready reputation to pressure the insurer into a fair settlement.
- Litigate your case: Taking the insurance company to court and holding them accountable before a judge and jury.
Steps to Take if You Suspect Insurance Bad Faith
- Keep detailed records: Save every email, letter, and document from the insurance company. Take notes on every phone call, including the date, time, and name of the person you spoke with.
- Review your policy: Read your insurance policy carefully to understand your rights and the insurer’s obligations.
- Communicate in writing: Whenever possible, communicate with the insurer via email or certified mail so there is a clear paper trail.
- Meet all deadlines: Ensure you comply with all policy requirements for reporting the claim and providing documentation.
- Don’t accept a lowball offer: If the offer seems unfairly low, don’t sign anything until you’ve consulted a lawyer.
- Contact Campione Law: For a free evaluation of your insurance claim and potential bad faith case.
How Campione Law Helps Policyholders
Campione Law, P.A., founded by Christopher D. Campione, Esq., brings an aggressive, litigation-focused approach to insurance disputes. We serve clients throughout Florida from our Jacksonville headquarters, with a dedicated focus on Orlando-area policyholders. Our firm operates on a contingency fee basis—you pay nothing unless we recover money for you. We have the resources and experience to take on the biggest insurance companies and win.
Frequently Asked Questions
How do I know if my insurance company is acting in bad faith?
Signs of bad faith include unexplained delays, lowball offers, lack of communication, and denying a claim without a proper investigation. If you feel you are being treated unfairly, consult a lawyer.
What is a Civil Remedy Notice (CRN)?
A CRN is a formal notice filed with the state that gives an insurance company 60 days to fix a bad faith issue before a lawsuit can be filed under Florida Statutes § 624.155.
Can I sue for bad faith if my claim was eventually paid?
Yes, if the insurer’s delay in paying the claim was unreasonable and caused you damages, you may still have a bad faith claim.
How long do I have to file a bad faith lawsuit in Florida?
The statute of limitations for a statutory bad faith claim is generally five years from the date of the breach of contract, but specific rules apply to the timing of the CRN and the underlying claim.
Will I have to go to court?
Many bad faith claims settle after a CRN is filed or during litigation, but we prepare every case as if it is going to trial to ensure the best possible outcome.
Internal Link Suggestions
- Orlando Personal Injury Lawyer
- Orlando Car Accident Lawyer
- Orlando Uninsured Motorist Claims
- How Insurance Companies Evaluate Injury Claims
Contact Campione Law, P.A. Today
If your insurance company is playing games with your claim in Orlando, don’t fight them alone. Contact Campione Law, P.A., for a free, no-obligation consultation. Call us at 904-990-8400 or email [email protected]. We hold insurers accountable—you pay nothing unless we win.
Your health and future well-being are on the line and we know that. Call us at (904) 990-8400
