When we purchase insurance, we should reasonably be able to expect that we are covered financially, should the worst happen. Unfortunately, many policyholders are let down when disaster strikes and the insurer does not honor its legal obligations.
As a consumer, you have the right to challenge an insurer’s decision about a claim. If your provider does not come through and you face uncertainty about what to do, our Orlando insurance litigation lawyers will review your situation to determine your legal options. At Bogin, Munns & Munns, we’ve been serving Central Florida for more than 40 years and are ready to use our experience for you.
Litigation Lawyers Help Policy Holders in Bad Faith Insurance Disputes
When an insurance company engages in dishonest or unfair practices, it is known as ‘bad faith’ insurance practices. As insurance companies are for-profit organizations, bad faith tactics are a means of protecting profit margins. Examples may include:
- Claims that are delayed, underpaid, or unfairly denied
- Unsatisfactory settlements of offers
- Poor communication that causes unnecessary delays
- Policy misrepresentation
- Failing to defend a claim against third-party litigation
- Inadequate case investigation
- Misleading advertising
- Unfair negotiation
- Refusing to negotiate
- Harassment or threatening statements
- Misuse of medical records
- Unreasonable policy cancellations
You have a right to fair treatment from an insurance provider under Florida law, per Florida Statutes § 624.155.
To prove bad faith, you or your chosen legal representation will need to demonstrate the insurer withheld benefits due under the terms of a policy. This could be due to conducting illegal, unreasonable, or unjustified business practices.
To consult with an experienced insurance litigation lawyer serving Orlando, call 855-686-6752
When Might I Need an Insurance Litigation Lawyer?
It rests with the policyholder to prove bad faith, and the legal process can be complex. As such, if you recognize some of the indications of bad faith below, it can be beneficial to seek legal advice. Irrespective of how you choose to handle the situation, acting sooner rather than later is advised. Delaying the matter could mean you run out of time to file an action for financial recovery, per Florida Statutes § 95.11.
However, as a general overview, here are a handful of potential scenarios where you may require the support of an insurance litigation lawyer:
- To prove an insurer withheld benefits due under the terms of its policy
- When an insurer fails to step in and defend you against third-party litigation
- You believe your claim was unfairly denied, delayed, or underpaid
- You disagree with a decision from an insurance adjuster
- In cases involving expensive or complex injuries
- There is little or no communication from an insurer about your claim despite requests for information
- Large claims involving significant property damage
- Claims where fault is difficult to establish
- Claims involving multiple parties
- If you are unsure about the value of your case
- To help prove the legitimacy of a claim
We have successfully litigated legal cases throughout Florida for a wide variety of clients ranging from private individuals through small and medium-sized companies to Fortune 500 organizations. Our clients have entrusted us to resolve their legal disputes for over four decades, and we draw on this experience when we work with you to manage your Orlando case.
Orlando Insurance Litigation Lawyer Near Me 855-686-6752
What Does an Insurance Litigation Lawyer Do?
If you believe your insurer failed to protect you, it is worth exploring your legal options. Not all insurers can be held liable for bad faith if they make a mistake, and proving violations can be challenging without substantial evidence. As such, our attorneys provide the following legal services:
- Helping clients make sense of their legal options and provide ongoing advice
- Assessing whether a claim was denied in bad or good faith
- Collecting and reviewing the facts of a case
- Gathering the evidence required to prove bad faith
- Managing all aspects of planning and presenting a case
- Managing all communications with an insurer on behalf of the client
- Suing an insurance company for breach of contract
- Negotiating for a fair settlement
What Financial Damages Am I Entitled to Seek Recovery for?
Under state law (Florida Statutes § 624.155), the following compensation for damages can stem from a bad faith violation:
- The value of your initial claim
- Recovery of additional costs that resulted from your delayed or denied claim
- The cost of court fees
Florida law notes that the recoverable damages may exceed the policyholder’s limits.
Do All Cases Go to Trial?
We always strive to resolve legal matters outside of the courtroom, which can save our clients time and money. However, when a fair resolution cannot be agreed upon, we are well-positioned and prepared to represent your best interests before a judge or jury.
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What Types of Insurance Claims Result in Litigation?
While some disputes can be resolved by following the insurer’s internal complaints process or by making a formal complaint to the Florida Division of Consumer Services, many more require support outside of those avenues. For example, if the Department of Financial Services cannot or will not help, it can be beneficial to seek legal advice as to what your insurer is obligated to do per the conditions of your policy.
Whether an insurance company has unreasonably refused to pay or investigate your claim or if an insurer has failed to defend you against a lawsuit from another party properly, we can help with disputes relating to:
- Auto insurance
- Homeowners insurance
- Life insurance
- Disability insurance
- Real estate insurance
- Commercial general liability insurance
- Professional liability insurance
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Learn More About How Our Orlando Insurance Litigation Lawyers Can Help
When loss adjusters do not seem to be playing fair, the insurance litigation lawyers at Bogin, Munns & Munns can examine your case, provide advice about your legal options, and explore suitable ways to pursue financial recovery. Let us put our knowledge, resources, and expertise to work for you and fight for the compensation you deserve.
With over forty years of representing people who have been unfairly treated, we know how to identify and handle bad faith tactics. For a consultation, call our team to learn more about your rights and get your claim processed properly.