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Geoffrey D. Ittleman Attorneys At Law
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Geoffrey D. Ittleman Attorneys At Law

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Insurers Have A Legal Obligation To Treat Your Claim Fairly

There are legitimate reasons why an insurance company might deny your insurance claim or request additional information before paying out to you. But sometimes insurers deny valid claims for arbitrary or phony reasons, or they intentionally use “slow pay” tactics to delay payment for months and months.

These practices may violate Florida’s bad faith insurance statutes. The Law Offices of Geoffrey D. Ittleman has represented Florida homeowners, businesses and condominium associations in insurance bad faith lawsuits. If you have grounds to sue, we will fight to hold the insurer accountable for the coverage you should have received under your policy, plus other monetary damages that may apply.

Experience With Insurance Bad Faith Litigation

Geoffrey Ittleman has practiced extensively in insurance coverage disputes, namely in residential and commercial property damage claims. He is well-versed in the nuances of insurance policies and very familiar with the obligations of both the insurer and the insured.

Florida’s insurance bad faith statute defines it as an insurance company “not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.”

Examples of bad faith practices by insurers include:

  • Misrepresenting insurance policy provisions
  • Purposely substituting a less favorable payout
  • Failing to conduct a reasonable investigation before denying a claim
  • Failing to acknowledge or consider claims in a timely manner
  • Refusing to explain in writing why coverage was denied
  • Failing to pay undisputed claims within 90 days
  • Canceling policies for illegal reasons or without proper notice
The bad faith law does not require a policyholder to prove a pattern, but many bad faith lawsuits arise out of shady tactics that have essentially become a standard business practice of the insurance company. In other words, there are typically other homeowners or commercial property owners whose claims have been systematically denied or shortchanged in a similar way.

Aggressive Pursuit Of Your Remedies For Bad Faith Denial

The baseline remedy is forcing the insurer to pay the value of your original claim, up to your policy limits. But if the insurance company is found by a judge or jury to have violated their good faith obligations, you may be entitled to additional damages. This includes attorney fees and costs you incurred in bringing the bad faith action. If the behavior is deemed egregious or frequent, you may be entitled to punitive damages, up to $500,000 or three times the compensatory damages (whichever is greater).

If you think you might have grounds to sue for bad faith, contact our Fort Lauderdale office. We do not charge for the initial consultation, so there is no upfront cost to find out where you stand. Call 954-546-7441 or contact us online.