Bad Faith Claims Attorney Melbourne, FL
You paid your premiums. You filed a legitimate claim. Your insurance company failed to hold up its end. Under Florida law, that’s a bad-faith insurance practice, and you have the right to fight back. A bad faith claims attorney in Melbourne, FL, can help policyholders bring civil actions against insurance companies that refuse to conduct business in good faith.
In Brevard County, bad faith disputes occur frequently after hurricane season, when insurance companies delay, underpay, or deny homeowners’ claims across the Space Coast. To us, these insurance claims are more than contract disputes; they’re situations where insurance companies essentially steal from their clients. We fight back accordingly.
Our Melbourne insurance bad faith lawyer team takes legal action seeking compensation that goes well beyond clients’ policy limits. Don’t accept anything short of honest, good-faith practices. Our law firm offers free consultations, and clients don’t owe anything unless we win cases.
For a free consultation, call 321-725-3425 or fill out our contact form.
What Is Bad Faith Insurance in Florida?
Under Florida law, insurance companies have a duty to handle claims in good faith. Failure to do so is recognized in two ways, and our bad faith claims attorneys in Melbourne, Florida, handle both.
First-Party Bad Faith Claims in Brevard County
In Brevard County, first-party bad faith claims are those against your own insurance provider. First-party bad faith suits are the most common in Florida.
Examples include insurance companies denying or underpaying for
- property damage after hurricanes and other natural disasters,
- personal injuries from auto accidents, or
- medical bills from necessary treatment.
Third-Party Bad Faith Claims in Brevard County
When insurance companies won’t settle claims made against policyholders within their policy limits, third-party bad faith claims arise.
Example: You cause a car accident, have a $100,000 policy, and the injured party demands $50,000 to settle. However, your insurance company won’t settle. The plaintiff goes to trial and is awarded $400,000. Your insurer owes them the full verdict, not just what’s in your policy limits.
The 2023 tort reforms (HB 837) have led to a decrease in the volume of suits filed against insurers. However, data suggests insurers are denying valid claims more frequently in Florida.
- Florida average homeowner claim denials up 40%
- 47% of Florida damage claims were closed without making any payments, the highest rate in 10 years.
Common Bad Faith Insurance Practices in Florida
Many insurance companies don’t always deny insurance claims outright. Most of the time, they’ll use delay, confusion, and pressure to wear policyholders down until they settle for less than they’re owed or give up altogether. Oftentimes, these aren’t complex insurance disputes; they’re intentionally overcomplicated communications. Our Melbourne insurance bad faith lawyer team doesn’t play that game with them.
Here are the most common forms of bad faith insurance practices:
Bad Faith Practice | What It Looks Like |
|---|---|
Wrongful claim denial | Denying legitimate claims without a reasonable basis or proper investigation |
Unreasonable delays | Taking months to process, investigate, or respond |
Lowball settlement offers | Offering a fraction of what the insurance claim is worth and pressuring you to settle quickly |
Failure to investigate | Denying or underpaying insurance claims without conducting thorough investigations of the facts |
Misrepresenting insurance policy language | Stating the insurance policy doesn’t cover the event when it does or citing exclusions that don’t apply |
Refusing to explain a denial | Denying insurance claims without providing a written explanation of the coverage basis |
Failing to settle within policy limits | Not settling reasonable third-party demands within your limits (exposes clients to excess liability). |
Using delay to pressure settlements | Dragging out the claims process so customers accept less due to mounting financial pressure |
Requiring unnecessary documentation | Asking for the same paperwork repeatedly or requesting documents that have no bearing |
Threatening policy cancellation | Threatening non-renewal or cancellation to discourage clients from pursuing legitimate claims |
When insurance companies fail to conduct business fairly, their customers have a right to take legal action against them. Under Florida law, compensation is often far beyond what the original policy would have paid.
Common Types of Melbourne Insurance Bad Faith Cases
Homeowners Insurance Bad Faith
After every natural disaster, homeowners across Brevard County file thousands of property damage claims. Insurers delay, underpay, or deny coverage. If your insurance company refused to pay for the actual damage, a homeowners’ insurance bad faith lawyer in Melbourne, FL can ensure they’re held responsible under Florida Statutes § 624.155.
Auto Insurance Bad Faith
If your auto insurer lowballed your car accident claim, denied personal injury protection (PIP) benefits, or wouldn’t pay under UM/UIM coverage, they weren’t acting in good faith. An auto insurance bad faith attorney in Brevard County can help fight back under Florida Statutes § 626.9541.
Health Insurance Bad Faith
These often center on how insurers handle cases. Typically, these cases involve wrongfully denying necessary treatment, failing to follow appeal requirements, pre-authorization issues, and relying on biased “paper reviews.” Health insurers must thoroughly investigate, promptly communicate decisions, and not misrepresent coverage.
When health insurers delay care to gain leverage, force patients through repeated appeals, or refuse to pay, a health insurance bad-faith attorney in Brevard County can help patients recover losses. Health insurance cases are more complex because they may involve ERISA, which governs employer-sponsored plans.
Commercial and Business Insurance Bad Faith
Business owners pay high premiums for commercial property, general liability, and professional liability coverage. When an insurer refuses to defend or indemnify a legitimate claim, it jeopardizes the business, its contracts, and professional licenses.
Under Florida law, the insurer’s duty to defend is broader than its duty to indemnify. This means insurers must provide representation if a client is accused within their coverage, even if there are no legal grounds.
A commercial insurance bad faith lawyer in Brevard County can help determine if insurers acted in good faith and, if they didn’t, pursue compensation beyond your policy limits.
Life Insurance Bad Faith
When life insurance claims are denied based on misrepresentations, lapse issues, or unfair interpretations of policy exclusions, this is considered bad faith. Our life insurance bad-faith lawyers in Melbourne, FL, handle cases involving rescinded policies after death, delayed payouts, and unnecessary document requests.
Disability Insurance Bad Faith
Wrongful denials or terminations of benefits are typically based on selective medical reviews or on statements that policyholders can return to work despite evidence to the contrary. Insurers may also delay decisions, repeatedly request documentation, or rely on biased independent medical exams. A disability insurance bad faith lawyer in Brevard County can determine whether violations occurred and help seek compensation beyond what was originally covered.
How to File a Bad Faith Insurance Claim in Brevard County
Florida law has a strict pre-suit process. Here’s how it works:
- Resolve the underlying claim first (first-party cases). Typically, Florida courts require a determination that the insurer breached the contract before bad faith claims proceed. This is well established in cases like Blanchard v. State Farm Mutual Automobile Insurance. This means policyholders may need to reach a settlement of the underlying breach-of-contract claim before bringing bad-faith actions.
- File a Civil Remedy Notice (CRN). This is required under Florida Statutes § 624.155(3). The notice must identify the statute violated, the supporting facts, the individuals involved, and the relevant policy language. The DFS CRN form must be completed online. Emails, calls, or letters aren’t sufficient.
- Wait 60 days. The insurer has a 60-day “safe harbor” to cure the violation. They either pay or fairly address the problem. If they cure within that time, cases don’t proceed, as recognized in Talat Enterprises, Inc. v. Aetna Casualty & Surety Co.
- File the bad faith lawsuit. When insurers fail to cure, the insured can file a lawsuit in the 18th Judicial Circuit Court of Florida in Viera. These are subject to a five-year statute of limitations.
The claims process is complex and unforgiving. Our Melbourne bad faith lawyers are experienced in navigating these complexities.
Compensation in Brevard County Insurance Bad Faith Claims
Winning cases means clients can recover more than their original coverage:
Type of Damage | What It Covers |
|---|---|
Excess Judgment | Full amount of an award against you, even beyond policy limits, in third-party cases |
Consequential Damages | Financial losses caused by the insurer’s bad faith practice, including interest, added expenses, and economic loss. |
Attorney’s Fees & Costs | Your legal fees and court costs if you prevail |
Punitive Damages | Additional compensation to punish egregious conduct or a pattern of behavior |
Emotional Distress Damages | Compensation for documented psychological harm |
Bottom line: Insurance bad faith cases are designed to hold them fully responsible, not just for what they owed, but for all losses they caused.
Ensuring Bad Faith Insurers in Brevard County are Held Liable
Our Melbourne insurance disputes lawyer group represents clients in the following areas and more:
Palm Bay Bad Faith Insurance Lawyer
After every major storm or serious auto accident, Palm Bay insurance disputes are common. We represent clients in Palm Bay bad faith insurance disputes against health, auto, and homeowners insurance companies that refuse to honor legitimate claims.
Cocoa and Cocoa Beach Bad Faith Insurance Attorneys
Residents in Cocoa Beach are some of the most heavily insured and most frequently disputed. Many insurance companies dispute windstorm damage, water intrusion, and roof claims for coastal property damage on the Space Coast. Our Cocoa Beach bad faith insurance attorneys handle homeowners, windstorm, and flood insurance claims, as well as auto and commercial insurance cases throughout the area.
Titusville Insurance Claim Denial Lawyer
Titusville homeowners, drivers, and businesses in North Brevard County face the same tactics as the rest of the Space Coast. Our law firm represents Titusville residents in first-party and third-party bad faith claims, including Civil Remedy Notices, and litigates in the 18th Judicial Circuit Court in Viera.
Merritt Island and Rockledge Insurance Dispute Attorney
We provide representation for homeowners’ insurance, windstorm and flood coverage, auto insurance, commercial property, and health insurance, as well as bad faith insurance practices in Merritt Island, Rockledge, and surrounding areas.
Cape Canaveral Bad Faith Insurance Lawyer
Cape Canaveral bad faith claims often involve high-value commercial, maritime, and aerospace-related cases tied to Port Canaveral and the Kennedy Space Center area.
Claims in this area frequently involve cargo losses, business interruption, maritime injuries, or industrial accidents. Insurers often dispute coverage, delay payment, and undervalue losses. Companies pay high insurance premiums and deserve justice and compensation for the impact these practices have on businesses, workers, and victims. A Cape Canaveral bad-faith attorney can help.
Don’t see your city? Our Melbourne bad faith insurance attorney team serves all of Brevard County. Call 321-725-3425 for a free initial consultation.
Florida Bad Faith Insurance Practices FAQs
What is a Bad Faith Argument?
Insurance companies have a duty to investigate, communicate in good faith, and attempt to settle claims reasonably. If they deny valid claims, delay payments, underpay, or fail to settle within policy limits, arguments of bad-faith insurance practices arise.
How to Sue an Insurance Company for Bad Faith in Florida, and Do I Need to File a Civil Remedy Notice of Insurer Violations Beforehand?
Yes, Florida Statute § 624.155(3) requires a Civil Remedy Notice (CRN) to be filed with the Florida Department of Financial Services before policyholders can take legal action. The Civil Remedy Notice gives insurance companies 60 days to “cure” the violation. If the insurer fails to address the issue within that time, you can proceed with the lawsuit. Skipping this step will result in dismissal.
How Much Is a Bad Faith Claim Worth?
The value depends on the harm caused by the conduct. In third-party insurance bad faith cases, settlements exceed the original policy limits. In first-party cases, consequential damages, legal fees, and punitive damages can push recovery well beyond the original benefits.
How Long Do I Have to Sue an Insurance Company Acting in Bad Faith in Florida?
The statute of limitations for bad-faith insurance claims is 5 years under Florida Statutes § 95.11. However, an underlying breach of contract claim may have a shorter deadline, and the Civil Remedy Notice adds additional time. Acting quickly is critical to preserving your right to legal action.
Contact a Melbourne Insurance Bad Faith Attorney For a Free Consultation
If a company isn’t conducting business in a fair way, we can fight back and protect your rights. Our Melbourne insurance bad-faith lawyer team also serves clients in Palm Bay, Viera, Cocoa, Cocoa Beach, Titusville, Rockledge, Merritt Island, Satellite Beach, Cape Canaveral, and throughout Brevard County.
We assist on a contingency-fee basis, so clients don’t pay unless we win. Schedule a free initial consultation with our law firm. Contact us today at 321-725-3425 or through our contact form.