When a person insures their home and other personal property, they tend to assume that since they have paid faithfully, their insurance claim will be honored without any problems. However, some insurance companies do not always act in good faith and will make an already stressful situation more complicated by unfair insurance practices and litigation may be required.
Are You Still Entitled To A Settlement if Your Insurance Claim Was Denied?
After filing your insurance claim, your insurer may tell you that your policy is ambiguous or open to having several possible meanings, or that the policy does not cover the type of property for which you are filing a claim. Another reason your claim may be denied is because the insurance company may claim that the property was not damaged, the damage resulted from the negligence of the owner or the damage resulted from another reason not covered by the insurance policy.
Insurance companies are required to act in good faith and in a timely manner during this process. Unfortunately, at times, an insurer will delay the payment or resolution of a claim or even violate Florida state laws. When this happens they are acting in bad faith.
When Insurance Claims Are Rejected, A Bad Faith Litigation Attorney in Miami is needed
Some types of bad faith an insurer might engage in can include unfair settlement claim practices or a refusal to insure for discriminatory reasons.
Unfair claim settlement practices can mean that an insurance company is:
Failing to adopt or implement standards for the proper investigation of claims
Misrepresenting facts or insurance policy provisions
Denying claims without conducting a reasonable investigation
Failing to properly explain policy information
Failing to pay any undisputed amounts of full or partial benefits in a prompt or timely manner
It is illegal for an insurer to refuse to insure and individual based on their race, color, creed, marital status, sex or nationality. Additionally, an insurer cannot deny an individual based on where they live, their age or where they work.
Finding The Best Insurance Claim Attorney in Miami
There are several required actions an insurance company should take if they sign a policy contract with a consumer. In part, some of these are basic contractual obligations that may be shirked by the insurer, which can be strong grounds for legal action. When an insurer fails their policy-holder, the response may be what is known as a bad faith suit.
The idea of a bad faith suit comes directly from a policy within the insurance industry that goes by the name of good faith. Under good faith policies, which are standard across American jurisdictions, an insurer must assume a legitimate claim from their policy holders unless there is clear indications of fraud. As a result, a lack of representation in court or slowness in providing claim coverage may illustrate bad faith.
One of the common ways in which a bad faith suit develops is the lack of representation in a tort. The legal defense associated with filing a civil lawsuit is often attributed to overall insurance coverage costs, meaning that legal costs are often left as the responsibility of an insurer if the policy covers those kinds of damages. Failure to fund legal defense if asked can prompt a lawsuit.
The other major branch of bad faith suits is an unwillingness or laziness on the insurance agency's behalf to provide their services promptly. Slow investigations, which in turn slow the dispersal of funds, can be a sign that insurers do not have their policy-holder's best interests in mind. Additionally, incomplete or poorly managed damage investigations may be grounds for a bad faith lawsuit.
How To Hire An Experienced Bad Faith Attorney in Miami
When you pay insurance, you are paying a premium or other such fee just in case something happens. If something does occur, your insurance should help you pay for the damages if they are covered in your contract. However, sometimes insurance companies decide to deny you claim even if it is supposed to be covered in your insurance plan. This is called bad faith insurance
People rely on many different types of insurance to help protect them from future bills. For instance, medical or health insurance can aid in doctor payments, as well as expensive treatments should you need care in a hospital. Although you have paid your premium to your insurance company, they may decide to deny your claims so that they are not responsible for the high bills either. You can suffer from bad faith insurance with many other types of coverages, including: Auto insurance, Homeowner's insurance, Dental insurance.
What To Expect At A Consultation With An Insurance Claims Lawyer Near Miami
If your insurance company has denied your rightful claim, there are several steps that you can take to protect your rights. First, many insurance companies allow for people to make appeals if their claim is denied. However, you should be very careful to follow your insurance provider's guidelines for appeals. For example, some companies require that you submit your appeal within a certain time after your initial letter of denial.
Should your business still refuse to cover your claim, you need to enlist the support of a lawyer to help you fight for the rights. An attorney will be able to help you go through your contract and make certain that the insurance provider is responsible for your own claim. You might have to fight this bad faith insurance claim in court. If you are a sufferer you need to keep all of your correspondence with your insurance provider in order that you’ll be able to submit it as evidence in case you go to court, regarding the claim.
It can be extremely intimidating to stand up to a big, powerful insurance firm, along with a lawyer can help. You’ve already paid that you deserve, and it’s unfair for the company to will not cover your claim.