Insurance Claim & Bad Faith Lawyer in Miami

Insurance is a contract. You pay your premiums month after month with the expectation that, if a covered loss happens, your carrier will treat you fairly, investigate promptly, and pay what the policy requires. Florida law actually imposes that obligation as a matter of statute — but it is broken every day. If a Florida insurance company has denied, delayed, or underpaid your claim — auto, homeowner's, business, health, life, disability, or commercial — you may have rights well beyond simply suing for the unpaid benefits. Florida's bad-faith statute can expose carriers to damages above policy limits when they handle claims unreasonably.

Types of Insurance Claims We Handle

• Auto insurance disputes — UM/UIM claims, PIP disputes, denied bodily-injury claims, totaled-vehicle valuation disputes
• Homeowner's and condo claims — wind, hurricane, water, fire, theft, mold, sinkhole
• Commercial property claims — including business interruption
• Life insurance disputes — denied death claims, contested beneficiary designations, contestability-period denials
• Disability insurance disputes — short-term and long-term disability denials, "any occupation" vs. "own occupation" disputes
• Health insurance denials — denied pre-authorizations, post-treatment coverage disputes (ERISA and non-ERISA)
• Marine insurance claims — particularly important in South Florida for boat damage and sinkings
• Workers' compensation insurance denials
• Excess and umbrella coverage disputes

First-Party vs. Third-Party Bad Faith

Florida law recognizes two categories of insurance bad faith:

• First-party bad faith. The insured sues their own carrier for unreasonably denying, delaying, or underpaying a claim under the insured's own policy. First-party bad-faith claims in Florida are statutory under § 624.155 and require pre-suit filing of a Civil Remedy Notice (CRN).
• Third-party bad faith. When a liability carrier fails to settle a claim against its insured within policy limits, exposing the insured to a judgment in excess of those limits. The insured (or the judgment-creditor as assignee) can then sue the carrier for the full amount of the excess judgment. Third-party bad faith in Florida is recognized at common law and does not require a CRN.

The Civil Remedy Notice

For statutory bad-faith claims, Florida law requires the policyholder to serve a Civil Remedy Notice on the Department of Financial Services and on the carrier, identifying the specific statutory and policy violations and the amount needed to cure. The carrier then has 60 days to cure by paying the amount demanded. If the carrier does not cure within 60 days, suit may be filed. The CRN is a strict prerequisite — failure to file one (or filing a defective one) can be a complete defense to a statutory bad-faith claim.

What Makes Insurance Conduct "Bad Faith"

Florida courts have identified a wide range of carrier conduct that can support a bad-faith claim:

• Failing to investigate the claim promptly and thoroughly
• Failing to respond to communications
• Failing to provide a coverage decision within a reasonable time
• Refusing to pay clearly covered amounts pending investigation of disputed amounts
• Misinterpreting policy language unreasonably in the carrier's favor
• Demanding excessive documentation
• Forcing the insured into appraisal or litigation to recover what should have been paid voluntarily
• In third-party cases, refusing to settle within policy limits when liability is clear and damages exceed limits

Damages in Bad Faith Cases

The damages available in a Florida bad-faith case can substantially exceed the policy limits:

• The full amount of the claim that should have been paid
• In third-party cases, the full amount of any excess judgment against the insured
• Consequential damages caused by the carrier's bad faith — financial losses flowing from the carrier's failure to pay
• Mental distress damages, in some cases
• Attorney's fees, in cases where they remain available under Florida law
• Punitive damages in cases of intentional or grossly negligent conduct

Recent Florida Reform Affecting Insurance Litigation

Florida significantly amended its insurance litigation framework in 2022 (SB 76 and SB 2D) and again in 2023 (HB 837). Key changes include:

• Elimination of the one-way attorney's fee statute for most property insurance claims
• Shorter notice-of-claim deadlines (one year for initial property claims, 18 months for supplemental)
• Pre-suit notice requirements
• Limitations on assignment of benefits (AOB) claims
• New defenses available to carriers

These reforms have made Florida insurance litigation more difficult for policyholders in some respects, but the core remedies for genuinely bad-faith conduct remain available — and aggressive insurance companies that count on policyholders being unable or unwilling to fight back still face exposure when they handle claims unreasonably.

Statute of Limitations

Florida's statute of limitations on contract actions is generally five years for written contracts (which most insurance policies are), and four years for unwritten or implied contracts. Statutory bad-faith actions are subject to the five-year period from accrual. Claims-notice deadlines under recent reforms can be much shorter and may operate as a complete bar even when the underlying litigation deadline has not passed.

If your insurance carrier — auto, homeowner's, life, disability, or any other — has denied, delayed, or underpaid your valid claim, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.