Florida was one of the first states to enact a law that allows for insured persons to bring a civil lawsuit against their insurance company for violations of the Unfair Insurance Trade Practices Act (UITPA). The concept of the bad faith lawsuit is a relatively new concept within the United States. Prior to these types of laws, insured persons were limited to bringing breach of contract lawsuits against their insurance companies. However, since all insurance contracts are written by the insurance company, recoveries were often limited to the policy limits stated in the contract. Meaning that even if the people prevailed and received what was due to them under the policy, their recoveries were reduced by the costs of attorney's fees and court costs. Essentially, Bad Faith is a mix of negligence law and contract law. It imposes a duty on the Insurance Companies to deal fairly with Consumers in dealing with and paying out claims under the policy. It allows consumers not only to recover attorney's fees and costs, but it allows the imposition of punitive damages as well (additional damages meant as an extra deterrent for intentional acts of the insured).

Bad Faith Lawsuits apply to all types of insurers: Auto, Home, Medical, etc.

BAD FAITH ATTORNEY

If you feel you have been wrongly denied the benefits due to you under an insurance policy, you should consult an attorney to know what your rights are. There are certain prerequisites that must be met before a bad faith lawsuit may be brought.