Insurance Bad Faith

What is insurance bad faith? In the context of a liability claim — for example, someone suffers a personal injury or wrongful death and a claim is made against the person (or company) who caused the accident – an insurance company in Florida is merely required to settle the claim when it can and should do so. Doesn’t sound too hard, does it? The law does NOT require an insurance company to settle claims it shouldn’t, nor does it require insurers to pay unreasonable amounts to settle claims. All of us want insurance companies to fight fraudulent, frivolous, and overstated claims. The law does NOT require insurance companies to do the impossible. It merely requires insurers to play by the rules and do the right thing.

Unfortunately, sometimes insurance companies that were so eager to take in the premiums refuse to enter into fair settlements. This is unfair to the policyholder who paid the premiums, as it exposes the policyholder to a judgment in excess of the policy limits. It is equally unfair to the personal injury victim who can’t work and needs the money to pay bills or to the widow whose husband has died. Often times, people are forced to sue because the insurance company refuses to make any settlement offer – much less a fair one.

Lesser, Lesser, Landy & Smith has the experience and resources to go toe-to-toe with insurance companies and force them to fulfill their fiduciary obligations to act in good faith when handling claims. Our attorneys have over 40 years of prior experience representing insurance companies and over 170 years of experience practicing law. We are proud of our role in leveling the playing field for Florida consumers.

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