Most Florida homeowner’s insurance policies contain an appraisal provision. This protects the insurance company’s right to have its own appraiser review a homeowner’s claim, including the ability to physically inspect the property itself. This, in turn, minimizes the risk to the insurer of paying out on a fraudulent or exaggerated claim.

Florida Appellate Courts Reject Claim of Appraiser’s “Privacy” Rights During Inspection Process

A question that has recently come up before the Florida appellate courts is whether the homeowner has the right to record the appraiser and the appraisal. The Third District Court of Appeals addressed this question in State Farm Florida Insurance Co. v. Chirino, in April 2020. More recently, the Fourth District decided essentially the same question in Silversmith v. State Farm Insurance Co., Fla. Both courts came down in favor of the homeowner’s right to record.

Looking at the more recent Silversmith decision, the homeowner proactively sued the insurer in circuit court, seeking a judicial declaration that they had the right “to audio/video record the appraiser’s inspection of the home even though the appraiser objects.” Not only did the circuit court deny this request, it actually barred the homeowner from recording the appraiser’s inspection “unless all participants consent.”

The circuit court based its order on Section 934.04 of the Florida Statutes. This law deals with the “interception of wire, oral, or electronic communications.” Basically, the statute provides that it is only lawful for private individuals to intercept such communications “when all of the parties … have given prior consent.” The judge in this case interpreted that to mean “the only way to record by way of video or audio [of the appraisal] is with the full consent of all parties participating.”

But the Third District disagreed. According to binding precedent from the Florida Supreme Court, Section 934.03 only applies in situations where the speaker has “an actual subjective expectation of privacy, along with a societal recognition that the expectation is reasonable.” In this case, there was no such expectation. The insurance policy did not prohibit recording the appraisal. Nor did the appraiser have a “legitimate expectation of privacy while in the insured’s home for the inspection.”

In short, nothing in Florida law prevents a homeowner from “openly recording an inspection of her own home.” The Third District pointed to the Fourth District’s similar holding in Chirino on this point. In Chirino, the circuit court did grant a homeowner’s request to record an appraisal inspection. State Farm then asked the appellate court to quash that order. In rejecting State Farm’s request, the Fourth District held that the appraiser had no privacy rights in this situation.

State Farm actually did not cite Section 934.03 in the Chirino appeal, but rather pointed to the Florida Constitution itself, which guarantees the right to privacy. State Farm argued that a homeowner’s recording “might be unfairly used to harass or intimidate its appraiser.” The Fourth District said that was speculative at best, and if there was any harassment or intimidation, that could be dealt with later by the circuit court.

Speak with a Tampa Insurance Defense Lawyer Today

Insurance companies have every right to take appropriate steps to protect their appraisers and other employees. But cases like the ones above illustrate the limits of how far the courts will go to help. If you need legal advice or representation from an experienced Tampa insurance attorney, contact HD Law Partners today.

Sources:

• scholar.google.com/scholar_case?case=15017651811278215798
• scholar.google.com/scholar_case?case=16747027239303045680

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0934/Sections/0934.03.html

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On May 1, 2021, Florida courts adopted the summary judgment standard applicable in the federal courts, joining many other states that had already transitioned to the federal rule.

In re Amendments to Fla. Rule of Civil Procedure 1.510, No. SC20-1490. The state amended Rule of Civil Procedure 1.510 to adhere to the federal summary judgment standard. But what has changed, exactly?

What is Florida’s New Summary Judgment Standard?

Here’s what has changed after Florida’s amendment of its summary judgment standard:

1. Consistency with the federal rule. From May 1, 2021, Florida’s summary judgment standard will be consistent with the federal rule (Rule 56).
2. The burden of production is not onerous. Under the amended summary judgment standard, the plaintiff’s (or movant’s in motion) burden of production is not onerous.
3. Obtaining summary judgment without having to disprove the other party’s arguments. Under the new summary judgment rule, the movant is permitted to obtain summary judgment without having to disprove the other party’s case. The movant can present evidence to challenge the nonmoving party’s arguments or simply state that the nonmoving party does not have sufficient evidence to prove their claims.
4. Reasons for granting and denying summary judgment. The new rule requires trial courts to provide reasons for granting or rejecting summary judgment. The court must provide a “conclusory statement” stating the presence or absence of material fact to grant the judgment.
5. Time limits for filing/responding to motions of summary judgment. Under the amended standard, a party must file a motion for summary judgment at least 40 days before the hearing date. The response to the moving party’s motion must be submitted no less than 20 days before the hearing.

By adopting the federal summary judgment standard, the Florida Supreme Court is hoping to improve the fairness and efficiency of the state’s judicial system.

Does the Summary Judgment Standard Apply to Pending Florida Cases?

Many Floridians and their lawyers are confused about whether the new summary judgment standard applies to pending cases. While the amended rule takes effect on May 1, the standard also applies to pending cases in which:

• Summary judgment has been rejected under the pre-amendment rule. In that case, the parties should have a reasonable opportunity to submit a new summary judgment motion in accordance with the new standard.
• A summary judgment motion has been briefed but not heard. In that case, the parties should have a reasonable opportunity to change their motion in compliance with the new standard.
• Rehearing of a summary judgment motion is pending when the motion is decided under the pre-amendment rule. In that case, the court should decide the motion under the pre-amendment rule as long as a party can submit a new motion for summary judgment.

While the language of the new summary judgment standard seems unambiguous and clear, it remains unknown how lower courts would interpret the amended standard.

Speak with our Tampa insurance attorneys at HD Law Partners to discuss how the new summary judgment rule may affect your legal case in Florida. Call 813-964-7878 to get a consultation.

Resources:

law.cornell.edu/rules/frcp/rule_56

casetext.com/case/in-re-amendments-to-fla-rule-of-civil-procedure-10

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Often, when both spouses realize that their marriage is doomed to end, it is only a matter of time before one of them files for divorce. But should you be the first one to file divorce papers?

Does it even matter who initiates the process in Florida? And what are the possible pros and cons of filing for divorce first?

If you are considering filing a petition for divorce, it is highly advised to consult with a Tampa divorce attorney to understand your rights as the Petitioner.

Pros of Filing for Divorce First

Let’s review the benefits of being the first to file for divorce.

1. You have more time to prepare
   The most obvious advantage is that you will have more time to prepare for the divorce because you are the one initiating it. As a resolt, you can have more time to gather the necessary documentation and build a successful legal strategy with the help of your attorney.
   
2. You can choose the jurisdiction
   In Florida, one of the requirements to file for divorce is that at least one spouse must have resided in the state for no less than six months before the petition for divorce is filed. The Petitioner must file for divorce in the county where he/she resides. So, if you and your spouse live apart in different counties, you can ensure that your divorce case will be heard in your county’s court by filing the petition in your county.
   
3. You can protect your assets and finances
   Once you file for divorce, you are no longer liable for the debts incurred by your spouse after the date the petition is filed. However, you are still responsible for any debt in your name during the marriage. Filing for divorce first gives you the opportunity to protect your finances and assets before the divorce proceedings begin.
   
4. You have more control over the process
   By being first to file for divorce, you take the process under your own control. If your spouse is reluctant to get divorced or tells you, “let’s not rush things,” you can have more control by filing the petition for divorce instead of delaying the inevitable.
   

Cons of Filing for Divorce First

While there are several advantages of filing for divorce first, you should also review the possible drawbacks of being the Petitioner, not the Respondent.

1. You have to take responsibility for ending your marriage. Since you are the one who initiates the divorce process, you must take responsibility for ending your marriage instead of trying to fix it. For many, this is a rather big responsibility to take on.
2. You must pay the filing fees. The spouse who files divorce papers is required to pay the filing fees in order to initiate the legal proceedings. Without the filing fee, the court will not accept your petition for divorce.

If you are unsure about being the first to file for divorce, consult with an attorney. At HD Law Partners, our divorce lawyers will explain your rights and options in your specific situation and help you navigate the divorce process whether you are the Petitioner or Respondent. Call 813-964-7878 for a case evaluation.

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An insurance policy is a contract that must be interpreted according to its plain language. Under Florida law, a court must interpret an insurance policy “liberally in favor of the insured” and give the “broadest possible” effect to any clauses governing coverage. At the same time, an insurer is not obligated to indemnify any conduct that clearly falls outside the scope of the stated coverage.

Insurer Not Liable for Civil Rights Judgment Against Ex-Florida Police Officers

Take this recent decision from the Florida Fourth District Court of Appeal, Certain Underwriters at Lloyd’s, London v. Pierson. This insurance dispute arose from events that occurred almost 40 years ago. In the mid-1980s, a 15-year old boy was convicted of murder and sentence to life in prison. In 2010, he was exonerated after new evidence was found proving his innocence.

The wrongfully convicted man subsequently filed a federal civil rights lawsuit against the two police officers who arrested him, alleging they had beaten a confession out of him. The case proceeded to a jury trial. The jury ultimately returned a verdict of $7 million against both officers.

The officers then sued the insurance company that provided commercial general liability policies to the city where they worked at the time they committed their civil rights violations. These policies, issued between 2004 and 2008, provided coverage for any “personal injury … arising out of any occurrence from any cause including … liability arousing out of law enforcement activities happening during the period of insurance.”

The insurer quickly moved to dismiss the lawsuit, arguing that the officers’ misconduct “did not occur during the policy periods.” After all, the officers’ actions occurred some 20 years before the policies were even issued. Nevertheless, a Florida circuit court judge refused to dismiss, finding that an insured “occurrence” under the policy was not limited to a single event. It also covered “repeated events resulting in injury which triggered coverage during the policy periods.” The wrongfully convicted man’s injuries was, in the judge’s view, a victim of a continuous series of injuries that continued until his exoneration, which was during the coverage period. The insurer therefore had a duty to indemnify the officers.

On appeal, the Fourth District reversed. It found the circuit court’s reasoning went far beyond the plain language of the policy. As it was “undisputed that the Officers’ misconduct occurred 20 years prior to the execution of the policies, there can be no duty to indemnify in this case.” The fact the victim continued to suffer injuries from the original “occurrence” up and through the coverage period was legally irrelevant, the appellate court said. Nor did it matter that the victim was exonerated during the coverage period.

Speak with a Tampa Insurance Lawyer Today

Insurance companies always have a duty to pay claims that are presented in good faith. But no insurer is required to provide coverage where the language of the policy explicitly states otherwise. If you are involved in a coverage dispute and need legal advice and representation from an experienced Tampa insurance attorney, contact HD Law Partners today to schedule a consultation.

Resource:

4dca.org/content/download/745962/opinion/200643_DC13_06022021_100255_i.pdf

What to Do if My Homeowners’ Insurance Company is Stalling?

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People whose homes are part of a homeowners’ association (HOA) have to follow plenty of rules and regulations. Those rules may limit what a homeowner can and cannot do to their own property, including transferring the home into a trust and making changes to ownership.

If you are considering transferring your home into a trust but are worried about the possible issues with the HOA, contact our Tampa homeowners’ association attorneys at HD Law Partners to discuss your particular situation.

What Authority Does a Homeowners’ Association (HOA) Have?

A homeowners’ association is a legal organization made up of homeowners (community members) that enforce specific rules and collectively manage common areas.

An HOA’s authority varies from one association to another. Typically, an HOA has the authority to foreclose properties when the owner falls behind in dues or assessments.

When an association wins a foreclosure case against the property owner, it has the authority to evict the owner.

How to Transfer My Home into a Trust

If you want to transfer your property into a trust to avoid estate taxes and probate, you may wonder if you can transfer your home into a trust when the home is part of an HOA in Florida.

To do it, you will need an experienced attorney to help you prepare, sign, and record a deed. A deed is valid and enforceable when it contains the following elements:

• Your full name (if you are the property owner);
• The name of the trust; and
• The property’s legal description, including its written description and other data that helps to identify it on a map.

A skilled lawyer will help you prepare and sign the deed to make sure that it is valid. The deed must also be notarized before you can transfer your home into a trust.

Should I Notify the HOA Before Transferring My Home Into a Trust?

Many people wonder if they should notify their homeowners’ association – or even seek HOA approval – when transferring the property into a trust. The answer depends on your HOA’s rules.

In most cases, property owners are not required to notify their homeowners’ association of their intention to transfer the home into a trust or change ownership. However, notifying your HOA of your intention to transfer the property into a trust may help you avoid potential issues in the long run.

However, many HOAs enforce specific rules that require homeowners to notify the association before selling the home. The homeowners’ association may have a rule requiring the owner to pay all outstanding fees and debts before selling the property.

It is advisable to have an attorney review the association’s governing documents to determine if it has any rules requiring property owners to notify the HOA of any changes, including transfers of the home into a trust.

Speak with our Tampa homeowners’ association lawyers to discuss your particular situation and determine if you can transfer your home into a trust without notifying the HOA. Contact HD Law Partners to book a free consultation. Call 813-964-7878.

When Can I Avoid an Alimony Award in a Florida Divorce?

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Many people have a dream of buying a house in a coastal area. While the idea of owning a waterfront home may sound incredible, you need to be aware of the risks associated with buying a house in a hurricane zone.

You need to understand how hurricane insurance works when purchasing an oceanfront property in Tampa or other parts of Florida. Consult with a Tampa homeowners’ insurance attorney to prepare your home before a storm hits or help you recover damages in the aftermath of a hurricane.

Do I Need Insurance When Buying a House in a Hurricane Zone?

When buying a home in a hurricane zone, you need to make sure that your property is fully protected. Below, we will talk about the different kinds of insurance that you may need to purchase when buying a home in hurricane-prone areas in Florida.

Before purchasing any insurance, it is vital to consider what’s included and what’s not included in the coverage. Typically, the insurance premium depends on the property’s insurance risk level.

What Kind of Insurance Do You Need for a Home in a Hurricane Zone?

There are three types of insurance that can protect your property in the event of a storm or hurricane:

Homeowners’ insurance

You should purchase homeowners’ insurance when buying a home in a hurricane zone. However, homeowners’ insurance alone may not cover the damages associated with a hurricane, storm, flood, or wind. It is essential to review the policy to understand what’s covered and not covered.

Most homeowners’ insurance policies in Florida provide coverage for repairment or replacement of property and belongings damaged by theft or fire.

Typically, flood and earthquake damage are not covered by homeowners’ insurance. Hurricane damage may be covered depending on where you live (if you live in a hurricane zone, homeowners’ insurance policy will most likely exclude hurricane damage from the covered perils).

Flood insurance

Most homeowners’ insurance policies in Florida exclude coverage for flood damage. However, you may still be able to purchase a separate flood insurance policy through private insurance companies or the National Flood Insurance Program (NFIP).

Flood insurance typically consists of coverage for building property and personal contents but excludes damage to outdoor property or damage that could reasonably have been prevented.

Note: Your flood insurance policy may have a 30-day waiting period before it takes effect.

Wind insurance

Last but not least, you should consider purchasing wind insurance coverage if you live in a hurricane zone. While some homeowners’ insurance policies cover wind-related damage, others exclude damages caused by wind. That’s why it is vital to review the terms of your homeowners’ insurance to determine whether you need a separate wind insurance policy.

If your property has been damaged or destroyed in a hurricane or storm, it is essential to take action as soon as possible. It is advisable to contact a skilled homeowners’ insurance attorney in Tampa to ensure that your hurricane insurance claim is handled properly and in a fair manner. Schedule a consultation with our attorneys at HD Law Partners to discuss your case. Call 813-964-7878.

5 Tips to Maximize Your Hurricane Insurance Claim Settlement in Florida

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When you purchase a homeowners’ insurance policy, you expect your insurer to fulfill their obligations. You wholeheartedly believe that your insurance company will help you through difficult times and provide peace of mind in the event of natural disasters, accidents, and other incidents.

Homeowner’s insurance companies have a duty to act in good faith, but many breach that duty by delaying the claims process, a practice known as “stalling.”

If your insurance company fails to process your homeowners’ insurance claim within a reasonable time, you may have legal grounds to file an insurance bad faith claim. Consult with our Tampa homeowners’ insurance attorneys at HD Law Partners to discuss your particular situation.

Why do homeowners’ insurance companies use stall tactics?

Homeowners’ insurance companies employ a variety of bad faith strategies, including stall tactics, to avoid or delay paying claims. Since insurers are profit-motivated companies, they are trying to increase their revenues by using stall tactics.

Insurance companies intentionally delay processing, investigating, and paying out claims in an attempt to induce a policyholder to accept a lower settlement offer.

Reasons why insurance companies put off settling a homeowners’ insurance claim

Usually, there are three reasons why homeowners’ insurance companies put off settling or paying out a claim:

1. The insurance company has requested additional documentation from the claimant;
2. The insurance company is conducting a comprehensive investigation because it suspects a fraudulent claim; or
3. The insurer is using a stall tactic in an attempt to encourage you to settle a claim for less than you actually deserve.

If you believe that your homeowners’ insurance company is stalling, speak with a knowledgeable attorney right away.

What to do if my insurer is stalling?

Take the following steps if you suspect that your homeowners’ insurance company is intentionally delaying processing or paying out your claim:

• Gather and organize your documentation and records related to your claim. It is important to collect the following types of evidence and documentation: photos and videos of the property damage, your medical records, repair estimates, a copy of your insurance policy, your correspondence with the insurance company, and many more. Keep these records in a secure place and make sure that the documents are organized.
• Have a clear timeline of events. You should keep a journal to write down everything that happened during and after the natural disaster or incident that resulted in damage or destruction of your property. It is essential to recall every conversation with the insurance adjuster and write a summary of what the conversations were about. Memories can fade over time, which is why having a clear timeline of events can help you strengthen your claim against the insurer.
• Cooperate with your homeowners’ insurance company. Most homeowners’ insurance policies contain a clause that requires policyholders to cooperate with the insurance company when making a claim. If your insurer requests any additional documentation, provide the documents in a timely manner. However, if your insurer asks you to give a recorded statement, it is highly advised to consult with an attorney before providing any statements.

If your homeowners’ insurance company is stalling or using delay tactics to avoid paying out your claim, contact a skilled attorney to defend your rights and help you obtain the compensation you deserve. Speak with our results-driven attorneys at HD Law Partners by calling 813-964-7878.

5 Things to Avoid During the Hurricane Insurance Claims Process in Florida

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If you are currently going through a divorce or are contemplating a divorce, you may wonder how it may be possible to avoid an alimony award. Under Florida law, there are five types of spousal support:

1. Bridge-the-gap
2. Temporary
3. Rehabilitation
4. Durational
5. Permanent

Alimony is not awarded in 100% of all divorce cases in Florida. That is why it is important to understand the circumstances in which you could be able to avoid an alimony award. Speak with a Tampa alimony attorney at HD Law Partners to help you understand how you can avoid paying alimony and keep more of the money you earn to yourself.

5 situations when you can avoid an alimony award in Florida

There are five situations when you may be able to avoid an alimony award in Florida. Let’s take a look at each of them.

1. Your spouse makes more than you
   According to Fla. Stat. § 61.08, Florida courts consider a wide range of factors when issuing a spousal support order and determining the amount of monthly payments.
   

   Under Florida law, courts will consider each party’s financial resources and earning capacity prior to awarding alimony. Thus, if you do not earn more than your spouse, you will most likely not be ordered to pay alimony unless you voluntarily quit your job or take a pay cut to avoid paying spousal support to your soon-to-be-ex-spouse.
   

2. You had a short-term marriage
   The longer your marriage lasted, the more likely the court is to award alimony. Spousal support is almost always ordered after long-term marriages that last more than 17 years. Alimony is also often ordered after medium-term marriages.
   

   Alimony is rarely awarded after short-term marriages lasting up to seven years because both spouses are presumed to be more likely to obtain a job and financial independence following the divorce.
   

3. Your spouse cannot prove an actual need for alimony
   Under Florida law, a spouse requesting maintenance must show the court evidence of their financial situation to establish an actual need for alimony. If your spouse cannot prove that they need financial support, you may be able to avoid an alimony award.
   
4. You request a vocational evaluation
   You may be able to avoid or minimize the amount of alimony payments by requesting a vocational evaluation. During the evaluation, a qualified vocational expert will assess your spouse’s earning capacity in the current job market.
   
5. You and your spouse agree to no alimony
   Often, spouses can agree that neither party will be seeking alimony during the divorce. If you are able to find a consensus on this issue without going to court, you can avoid paying alimony. However, it is vital to have your agreement in writing.
   

In most cases, you will need help from an experienced family lawyer who can help facilitate negotiations between you and your spouse to reach a mutually acceptable solution.

Discuss your case with our alimony lawyers at HD Law Partners to determine how you can avoid an alimony award in your particular situation. Call 813-964-7878 to schedule a consultation.

Do I Have a Right to Smoke Cigarettes and Marijuana in My Rental Unit?

Posted in Landlord Tenant | No Comments »

Typically, landlords inform tenants of a no-smoking policy or restrictions on smoking cigarettes and marijuana in a rental unit before signing the lease or rental agreement.

However, does a no-smoking policy infringe upon your rights as a tenant? Do you actually have a right to smoke cigarettes and weed in your rental apartment despite the restrictions in the lease/rental agreement?

Why do landlords prohibit smoking in rental units?

There are multiple reasons why landlords include no-smoking policies in the lease agreements and prohibit tenants from smoking cigarettes and marijuana in their rental units:

1. Limit exposure to secondhand smoke
2. Prevent fire hazards on the rental property (many rental units are equipped with smoke alarms)
3. Avoid stains and odors from tobacco and weed
4. Avoid lawsuits (a landlord who does not prohibit smoking may be sued by other tenants for nuisance or failure to keep the rental unit habitable)

Do tenants have a right to smoke tobacco/marijuana in rentals?

As a rule of thumb, no. Tenants do not have a right to smoke in their rental units. Currently, there is no state or federal law that would protect tenants’ right to smoke tobacco or marijuana in their rentals. Also, bans on smoking in the rental unit are not discriminatory since the word “smoker” is not a protected characteristic under the Fair Housing Act (FHA).

However, if you believe that your landlord’s no-smoking policy is discriminatory or you were wrongfully evicted for smoking cigarettes or marijuana in your rental unit, speak with our Tampa landlord-tenant attorney at HD Law Partners to discuss your unique case.

Does Florida law protect marijuana patients’ right to smoke in private?

In 2018, a Florida circuit judge issued an ambiguous ruling that stated that marijuana patients have a right to use “smokable” weed in private places.

Given that Florida legalized the use of cannabis for medical purposes, many tenants across the Sunshine State misinterpreted the judge’s ruling as a green light to smoke marijuana in their rentals. However, landlords can still prohibit smoking marijuana – or tobacco, for that matter – on their rental properties despite the 2018 ruling.

Typically, a landlord will tell you about the no-smoking policy before signing the lease or rental agreement. Even if you were not informed of the smoking ban, you should carefully read the agreement to find out if it says anything about smoking cigarettes or marijuana in the rental unit.

Can you be evicted for smoking in the rental unit?

Yes. If your landlord has included a no-smoking policy in the lease or rental agreement, you can be evicted for violating the terms of the agreement if you smoke in the rental apartment.

However, when the no-smoking policy is included in the rental’s rules but are not a part of the rental or lease agreement, the landlord may have a right to terminate your tenancy or evict you if you repeatedly violate the rules after being warned against smoking.

If you believe that your rights are violated or you were wrongfully evicted for smoking marijuana or cigarettes in the rental unit, do not hesitate to discuss your case with our Tampa landlord-tenant attorneys at HD Law Partners. Call 813-964-7878 for a consultation.

Resource:

edca.1dca.org/DCADocs/2018/2206/182206_1303_06142018_11043718_e.pdf

How Can I Modify Alimony in Florida?

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Insurance companies have an obligation to handle claims in good faith. It means that insurers must promptly investigate valid claims for damages and provide compensation for a covered loss.

Unfortunately, not all insurers act in good faith when handling insurance claims. If you suspect that an insurance company acts in bad faith, you may have grounds to sue the company and recover damages.

The recoverable damages depend on the circumstances of your case, the financial losses caused by the insurer’s bad faith conduct, and the severity of that conduct.

Speak with a Tampa insurance bad faith attorney at HD Law Partners to discuss your case and determine if you have grounds to sue your insurer and obtain compensation.

What is a bad faith insurance claim?

Section 624.155, Florida Statutes, allows the insured to file a lawsuit against an insurance company when the latter is acting in bad faith. You can file a bad faith insurance claim when any of the following occurs:

• Dragging out the claims process by waiting to investigate your claim or inspect the damages;
• Failing to conduct a prompt and complete investigation;
• Ignoring your claim or letters and failing to respond within the applicable timeframe;
• Demanding additional documentation without a reasonable explanation or good cause;
• Unreasonably denying requests for medical treatment approval;
• Refusing to pay a valid claim;
• Denying a claim without an explanation; or
• Wrongfully underpaying a claim.

When any of the above-mentioned occurs, you may have grounds to file a bad faith insurance claim to seek compensation for the losses you are entitled to as well as additional damages caused by the insurer’s bad faith conduct.

What damages can I recover in my bad faith insurance claim?

If you are eligible to sue an insurance company for acting in bad faith, you may be able to recover the full value of your original claim in addition to bad faith damages, which will be determined on a case-by-case basis.

Bad faith damages usually include court costs, legal fees, and attorney’s fees incurred by the claimant in bringing a bad faith insurance claim. Also, if you incurred losses because of the insurer’s bad faith conduct – for example, emotional distress caused by unreasonable delays in your case – you may be entitled to additional damages.

If the insurer shows reckless disregard for your rights or its conduct can be defined as willful, wanton, or malicious, you may be able to recover punitive damages pursuant to Florida Statute 624.155.

How to seek compensation through a bad faith insurance claim?

Under Florida law, you must file a Civil Remedy Notice before bringing a bad faith insurance claim against the insurer. The Notice must include the following:

• Which statutory provisions were violated by the insurance company;
• The name of the insurance adjuster or another person involved in the violation;
• The facts and circumstances surrounding the alleged bad faith insurance conduct; and
• Reference to specific provisions in the policy that were violated by the insurer.

It is essential to contact an insurance bad faith attorney to help you obtain a judgment against the insurance company. After the filing of the Notice, the insurance company has 60 days to “cure” the alleged violation. If no action is taken, you may proceed with a lawsuit to seek compensation.

Talk to our Tampa insurance bad faith lawyers to determine what damages may be available in your claim against the insurer. Contact HD Law Partners for a case evaluation. Call 813-964-7878.

Can a Homeowners’ Association (HOA) Prohibit Rentals?

Posted in Auto Insurance | No Comments »