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Miami Homeowners’ Insurance Attorneys Discuss Determining Bad Faith

One of the things that many people talk about is insurance companies showing bad faith, but what does that really mean?  Bad faith is exhibited when an insurance company does not comply with the terms of an insurance contract or fails to adhere to the laws of the State of Florida.  However, it often is difficult to know when an insurance company is showing bad faith.  An experienced Florida homeowners’ insurance attorney can help individuals determine whether the behavior of the insurance company rises to the level of bad faith.

When a homeowner who relies on insurance to cover damages to his or her home has a claim denied or paid on a limited basis, it is important to get help to ascertain what legal remedies are available to you as soon as possible.  The skilled Miami homeowners’ insurance attorneys at Greenberg Stone and Urbano have more than 130 years of collective experience in analyzing policies and fighting for the rights of people who diligently have upheld their end of an insurance contract.

Under Florida law, a person can pursue legal action based on bad faith practices if the behavior of the insurance company meets certain requirements.  The culpable actions may include:

  • An insurance company alters the terms of an insurance contract without the consent, or even knowledge, of the policy holder and then attempts to use the modified document to deny or limit a claim;
  • There is a material misrepresentation that an insurer makes to the insured in order to induce the homeowner to accept a settlement that is less than what would otherwise be payable under the terms of the insurance contract;
  • An insurance company does not respond to homeowners who have submitted a claim or fails to act promptly after receiving notice of a claim;
  • An insurance company does not have proper procedures in place to investigate claims and take appropriate actions;
  • An insurance company denies a claim without investigating the facts of the claim;
  • An insurance company fails to inform the homeowner about the basis for the claim denial or limitation in writing;
  • An insurance company fails to notify the homeowner about additional information that is necessary for the completion of the processing of the claim;
  • An insurance company does not maintain accurate files relating to customer complaints and communication relating to specific policies; and
  • Other bad acts that are intended to limit a homeowner’s ability to recover on a claim or which force a homeowner to accept a compromise settlement when he would have been entitled to full coverage under the terms of the insurance policy.

There are times when it is difficult to tell if an insurance company is acting in bad faith or if there is a legitimate reason for the actions taken by the insurer.  When a homeowner has questions relating to these matters, it is important to talk to experienced homeowners’ insurance attorneys in order to preserve his legal rights.

Greenberg Stone and Urbano Gets Insureds the Coverage They Deserve

Insurance is intended to provide a safety net in the event of damage to the home.  When the insurance company wrongfully pulls that net out from under the homeowner, it is crucial to take immediate action.  The South Florida homeowners’ insurance law firm of Greenberg Stone and Urbano has spent more than 30 years going to battle on behalf of homeowners who have diligently paid their premiums, only to have the insurer deny or limit coverage when it is needed most.  We will pursue every avenue of recourse for our clients.  Our commitment to the best interests of our clients has earned us a peer-reviewed AV rating from Martindale-Hubbell, which is the highest rating that a firm can receive.  The Miami Herald also has voted us one of South Florida’s top-rated law firms.  Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule a time to come in and discuss your situation.


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