Insured is not required to show that its insurer breached a policy before it can bring a claim for bad faith.

The law in Florida to bring a Bad Faith claim against an insurance company has been the Florida Supreme Court precedent that provided that a bad faith claim was only ripe when there had been a “determination of liability.”

The determination of liability has been broadened by a recent case Cammarata v. State Farm Florida Insurance Co. (Florida Court of  Appeals Court Case 4th Circuit),

See the case here:

Now after the Cammaratta ruling, an insurer’s settlement payment of the full policy limits, or an appraisal award in the insured’s favor, or as the Court directed, “While it was true that an action for insurance benefits must be “resolved favorably” to the insured before the insured can sue for bad faith, a “favorable resolution” need not be a court judgment, according to the Fourth District.  A subsequent appraisal award in the insured’s favor “constituted a ‘favorable resolution’ . . . [and] satisfied the necessary prerequisite to filing a bad faith claim.”

Bottom line, Insurance Policy and Claims are complicated, because Insurance Companies are not people, they are businesses, and if they can not pay, or find a way or argument not to pay, they wont.

We always provide a 100% free review of your claim, and if you decide to hire our firm to represent you, you can rest assured that if we don’t recover for you, we work for free, no recovery, no fee, its that simple.

Call Our Office Today

If you are seeking legal representation from an insurance claims lawyer please contact our office to schedule a free and confidential appointment. Call us at 855-500-Claims or 786-431-1333

Florida Property Damage Lawyer takes cases all over Florida:   Bartow,  Lakeland, Port Saint Lucie, Davie, Weston, Hollywood, Brickell, South Beach, Sunny Isles, Aventura, Cutler Bay, Miramar, Deerfield Beach, Coconut Creek, Doral, Lauderhill,  Miami Lakes, Pembroke Pines, Miami, Fort Lauderdale , West Palm Beach, Jacksonville, Orlando  and Ft. Meyers.


This entry was posted in Bad Faith, Florida Insurance, Insurance Justice™ and tagged , , . Bookmark the permalink.

© 2017 Scott R. Dinin, P.A All Right Reserved