You may be able to sue an insurance company for bad faith when the insurer fails to handle a claim fairly and honestly and with due regard for the insured's interests. Florida law states that mere negligence alone is insufficient. A bad-faith claim generally requires a Civil Remedy Notice, and property insurance bad-faith claims require an adverse court adjudication of breach first. A bad-faith claim is distinct from an ordinary breach-of-contract lawsuit.
Key Takeaways
- A mistaken decision is not automatically bad faith.
- Mere negligence alone is insufficient under current Florida law.
- Bad faith may involve first-party or third-party claims.
- The claimant generally must satisfy statutory presuit requirements.
- Property insurance bad-faith claims have additional prerequisites.
- Liability insurers receive a statutory 90-day safe-harbor opportunity in specified circumstances.
- The total claim-handling record matters more than one isolated event.
This article provides general information and is not legal advice. Insurance dispute rights and timelines depend on the policy, endorsements, claim type, evidence, procedural requirements, and applicable Florida or federal law. Reading this article does not create an attorney-client relationship.
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