Hurricanes have always been a part of Florida’s history, for better or worse. Most often, insurance policies are used to protect property and life. Occasionally, the insurance company may not pay or pay insufficiently. The last thing you want after a hurricane is an insurance dispute. You need an experienced Florida hurricane insurance attorney on your side if your insurer refuses to pay.
A Notification Must Be Filed
Florida has a statute that outlines a pre-requisite that must be met before a lawsuit can proceed. The insurer must be notified (at least within 60 days) before a suit can be brought. This allows the insurer to rectify the alleged infraction. This notice must be very specific. It must include the statute in question as well as facts about the situation and state that it is being sent to perfect your right to file a suit. A lawsuit can be filed if the notice is not acted upon.
If you do not take any action and the 60-day notice period has passed, there is a presumption of bad faith on the part of the insurer. This can be helpful in your case. Rebuttable presumption: The court assumes that the presumption is true until the insurer provides evidence that it isn’t. However, a simple failure to pay a claim does not constitute bad faith.
It is not common, but it does happen if you receive a favorable jury verdict. Florida law allows punitive damages when the act that caused the violation is repeated often enough to be considered a common business practice, was particularly malicious, and showed blatant disregard for the rights and interests of the insured or beneficiaries. It may sound complicated, but in reality, it can be. You should seek the advice of an experienced Florida insurance attorney as quickly as possible.
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is a St Petersburg car accident lawyer. She focuses on personal injury, car accidents, and bicyclist injuries. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your situation.
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