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Guide to Florida Insurance Bad Faith Lawsuits Your Rights 5 KelleY | uustal legal series legal KelleY | uustal Guide to Florida Insurance Bad Faith Lawsuits Your rights AS A FLORIDA INSURANCE policYholder Cristina M. Pierson Business trial laWYer, KelleY | uustal Guide to Florida Insurance Bad Faith Lawsuits Your rights as a Florida insurance policYholder Cristina M. Pierson Business trial laWYer, KelleY | UUSTAL Guide to Florida Insurance Bad Faith Lawsuits: Your Rights as a Florida Insurance Policyholder is published by Sutton Hart Press llc Vancouver, Washington Inquiries: [email protected] Website: www.suttonhart.com Author Website: www.kelleyuustal.com First Printing: August, 2020 Copyright 2020 by Cristina M. Pierson and Sutton Hart Press llc All rights reserved Media and Reviewer Contact: [email protected] Cover Design: Jason Enterline Copy Editor: Rylann Watts Layout Design: Jason Enterline No part of this publication may be reproduced, stored in a retrieval system, or transmitted by any means elec- tronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher. Your support of the author’s rights is appreciated. Guide to Florida Insurance Bad Faith Lawsuits Your rights as a Florida insurance policYholder guide to Florida insurance Bad Faith laWsuits – Your rights as a Florida insurance policYholder about this guide Has an insurance company underpaid, delayed, or denied your policy benefits? You may have the right to file a claim for financial compensation. In order to maximize this compensation, it is important to understand (1) your rights as a Florida policyholder, (2) the Florida insurance bad faith claims process, and (3) your options under the law. A quick and easy reference for: • Federal and Florida insurance law • Detecting insurance bad faith misconduct • Strategies for securing your policy benefits • Steps to maximize your financial compensation disclaimer This e-Book is for general informational purposes only and is neither intended as, nor should it be considered, legal advice. Your reading or downloading of this e-Book does not create and attorney- client relationship with our firm which can only be done after speaking with Cristina M. Pierson and both parties signing a written engagement letter. For more information on working with Ms. Pierson, visit: www.kelleyuustal.com or Call Us 954.522.6601. 4 CRISTINA M. PIERSON about the author - cristina M. pierson Prominent trial attorney and business litigation specialist with one of Florida’s leading litigation law firms, Cristina M. Pierson is dedicated to handling some of the country’s most challenging insurance coverage, breach of contract, and bad faith claims on behalf of wronged policyholders. In that regard, board certified specialist Cristina applies her legal acumen, broad experience, and elite investigative resources to enable policyholders to maximize their rightful insurance benefits through cases brought in both state and federal court. 5 guide to Florida insurance Bad Faith laWsuits – Your rights as a Florida insurance policYholder table of contents Legal Rights of Florida Policyholders ........................................................7 What is Insurance Bad Faith? ...........................................................8 First-Party Versus Third-Party Claims ....................................................8 Common Law Bad Faith Claims ........................................................10 Statutory Bad Faith Claims ............................................................10 Top 10 Warning Signs of Insurance Bad Faith ................................................12 How to Win a Florida Bad Faith Insurance Claim ............................................16 60-Day Notice .......................................................................17 Preparing your case. 17 Available Damages in Florida Bad Faith Claims ..............................................19 COVID-19 Insurance Policy Exclusions .....................................................22 COVID-19 Business Interruption Compensation .............................................23 Selecting a Qualified Insurance Lawyer .....................................................24 6 CRISTINA M. PIERSON Insurance intends to assure the policyholder that they are covered in the event of an accident, illness, natural disaster, or other sudden misfortune. Unfortunately, the insurance we spend our hard-earned dollars on does not always come through when we need it. Either intentionally or unintentionally, insurance companies may deny perfectly valid insurance claims. Policy terms and language can be misinterpreted and exclusions can be misapplied. They may ask the policyholder to jump through difficult hoops to process a claim. They may also delay payments for unacceptable periods of time or refuse to defend a policyholder in a third-party lawsuit. It’s entirely possible that they will conduct sloppy, incomplete investigations. Most policyholders aren’t experts in insurance law. Many simply accept the insurer’s word that their claim isn’t valid. Those who suspect their denied claim was valid may not know how to challenge the insurance company – or lack the resources to do so. In these cases, the policyholder is left feeling helpless and debilitated - while the insurance company escapes its responsibilities. Because of the uneven playing field, and the profound distress that insurer misconduct can cause policyholders and their families, Florida law requires that insurers act in good faith when evaluating a claim’s validity. This gives policyholders the right to sue insurance companies acting in bad faith. Fighting back pays off. When a Florida policyholder can prove bad faith, the court may award financial compensation above the original claim amount or policy limit. However, proving an insurance company has acted in bad faith is difficult. Policyholders find themselves battling high-power defense teams who defeat claims like these all the time. But winning your insurance dispute IS possible. Understanding your rights as a Florida policyholder, knowing how to spot bad faith activity, and pinpointing strategies to maximize your financial compensation are all important first steps. Questions About Disputing the Results of your Insurance Claim? Contact Cristina Pierson at 954.522.6601 or visit www.kelleyuustal.com legal rights of Florida policyholders When you sign up for insurance, you enter into a contract – an agreement that you will make premium payments according to a certain schedule, and that the insurer will pay the agreed benefits in the event of a covered claim. As a party to this contract, policyholders are granted certain legal rights. 7 guide to Florida insurance Bad Faith laWsuits – Your rights as a Florida insurance policYholder In general, insurance companies are required by law to: • Promptly and honestly communicate with policyholders during claim processing • Promptly and thoroughly investigate, process, and pay policy benefits in good faith, and • Clearly and truthfully communicate the basis for claim decisions. These legal duties arise out of various areas of Florida law, including both common law and statute. What is Insurance Bad Faith? The concepts of “good faith” and “bad faith” arise largely out of common law. Florida contract law includes the common law implied covenant of good faith and fair dealing,1 “to protect the reasonable expectations of the contracting parties.”2 This means that insurers must act honestly and fairly in settling a claim with regard for the insured party’s interests. Under common law, insurers have a duty of good faith, meaning insurance companies must handle claims with “the same degree of care and diligence as a person of ordinary care and prudence should exercise in the management of his own business.”3 It is “a duty to their insureds to refrain from acting solely on the basis of their own interest in settlement.”4 Acting with good faith and fair dealing includes promptly investigating potentially covered claims, promptly paying claims for covered risks, making reasonable settlement offers, and defending insured parties against third-party claims. When an insurer breaches its duty of good faith, the policyholder has the right to pursue what we call a “bad faith” claim against the insurer. The Florida courts recognize two types of insurance bad faith claims: first-party claims and third-party claims. First-Party Versus Third-Party Claims First-party insurance refers to policies purchased to cover losses or damage to people or property where the claim is filed by the policy owner. Examples of first-party insurance include automobile or 1 Sepe v. City of Safety Harbor, 761 So. 2d 1182 (Fla. 2d DCA 2000). 2 Cox v. CSX Intermodal, Inc., 732 So. 2d 1092 (Fla. 1st DCA 1999). 3 Boston Old Colony Ins. Co. v. Gutierrez, 386 So. 2d 783 (Fla. 1980). 4 State Farm Mut. Auto. Ins. Co. v. Laforet, 658 So. 2d 55 (Fla. 1995). 8 CRISTINA M. PIERSON homeowner’s insurance policies. In a first-party claim, the policyholder files a claim for benefits with its own insurance company. For example, say your homeowner’s insurance policy includes storm damage coverage. This coverage helps pay your damages if high winds, hail, or rain damages your home. According to your policy, your storm coverage limit is $500,000. One day a nasty storm damages your garage. Your total damages are estimated at around $250,000. Fine, right? Your insurance policy agrees to pay up to $500,000. Months go by without seeing a penny. The insurance company keeps asking
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