Extra-Contractual Damage Claims in Florida
When your insurance company acts in bad faith while handling your claim, they’re attempting to wrongfully deny you the benefits you deserve. They’re also disobeying Florida law, breaching a legal contract, and violating business ethics. Let KS Law Group, PLLC assist you with resolving any bad faith issues you have encountered through the claims process with your insurance company.
How to Handle Extra-Contractual Damage Claims in Florida
Florida law requires insurance companies to act in good faith whenever they investigate and adjust insurance claims. These requirements are in place in order to protect the interests of Florida policyholders.
Whether you are facing a denial, under the deductible, or other claim determination, if you believe that your insurance provider did not act in good faith while investigating and adjusting your loss, then you might be able to recover a separate amount of monetary damages, in addition to what you would typically recover under your insurance policy for your specific damages.
Extra-contractual damages include all additional costs or expenses that you incurred as a result of your insurance provider’s bad faith conduct. If you have encountered bad faith actions by your insurance company, you could even be entitled to punitive damages if your insurance provider’s conduct was particularly egregious and may recover up to three times the amount of your extra-contractual damages as a result.
recover up to three times the amount of your extra-contractual damages as a result.
Take note that Florida law has defined what type of conduct qualifies as bad faith. Your insurance provider’s actions must fall under any of these categories before you may consider pursuing extra-contractual damages:
- The insurance provider failed to reasonably and fully investigate a claim, or otherwise failed to keep the policyholder appropriately informed throughout the claims process.
- The insurance provider failed to settle a claim in good faith, even though the facts say it should have.
- The insurance provider made claim payments without adequately explaining what coverage is provided under the policy and what coverage is being afforded.
- The insurance provider fails to promptly settle a claim to influence other previous, pending, and/ or future covered settlements.
There are other types of bad faith conduct that KS Law Group, PLLC can define, review, and discuss with you directly while analyzing the particular facts of your case. Talk to one of our attorneys if you think that your insurance provider failed to act in good faith while handling your claim. We will comprehensively review your matter, walk you through the extra-contractual damages process, and discuss how extra-contractual damages might apply to you.
Why Choose KS Law Group, PLLC for Extra-Contractual Damages
Qualifying bad faith conduct isn’t the only thing that Florida law looks at before you can file an extra-contractual damage claim against your insurance company as there are additional conditions that must be considered.
One required item per Florida law involves the Florida Department of Financial Services as a Civil Remedy Notice of Insurer Violation must be filed with the Florida Department of Financial Services. A Civil Remedy Notice of Insurer Violation is a document that outlines and explains the facts of the case and how the insurance company’s bad faith conduct was present and therefore negatively affected the policyholder’s claim.
Upon the submittal of the Civil Remedy Notice of Insurer Violation, the insurance provider is given sixty (60) days to respond to the notice and address the alleged violations. If the insurance company properly addresses and cures the violation, then the bad faith issue has been resolved and any claim for extra-contractual damages would then not move forward. A viable bad faith action, however, would be appropriate if the insurance company had failed to cure its bad faith actions and the Civil Remedy Notice of Insurer Violation had thereby expired, allowing the insured to proceed with the action for extra-contractual damages.
Secondly, according to Florida law, the insured must have been the prevailing party against the insurance provider through a judgment that works in the insured’s favor and against the insurance company for the underlying claim itself.
Considering these conditions, it’s safe to assume that extra-contractual damage claims are complex due to several requirements needing to have been met before a viable extra-contractual damage claim can be secured. Additionally, bad faith actions are less prevalent than the underlying breach of contract actions as they are less common than lawsuits against insurance companies that arise from the existing insurance contract.
Do not let these requirements and the Florida law drain your hopes of seeking the proper outcome and compensation if you have experienced, or are currently facing, bad faith issues firsthand.
KS Law Group, PLLC is experienced in bad faith and extra-contractual damage actions. We assist customers who believe that their insurance company failed to act in good faith while handling a loss. Come to KS Law Group, PLLC for legal advice and assistance. Our attorneys will assess whether you have witnessed an insurance company’s bad faith, determine whether you have a valid claim for extra-contractual damages, and ensure that all the requirements are met before filing an action against your insurance provider if applicable.
Please contact our legal office today to schedule a free consultation regarding your case.
Schedule a Free Consultation
KS Law Group, PLLC is a contingency-based insurance law firm in Florida. Let us help you with your bad faith issues and an extra-contractual damages action against your insurance company.
