Clearwater Insurance Bad Faith Attorney
Don’t let an unjust claim denial happen to you; call one of our Clearwater Insurance Bad Faith Attorneys at Dolman Law today for a free consultation.
As Clearwater Insurance Bad Faith Attorneys, we often deal with insurance carrier conduct that is unreasonable and egregious in the context of claim evaluations. Insurance carriers via the Claims Adjuster often make decisions based on corporate policy and training and employ a cookie-cutter process by which they evaluate claims as opposed to looking at each individual claim and examining the merits one at a time.
All too often we deal with adjusters that make blanket statements that the property damage could not have caused the injury my client is complaining about despite their lack of formal medical training or certification as either a physician or a bio-mechanical engineer. Even more shocking is that we will produce evidence to the contrary and the Adjuster will simply ignore us and never retain an expert in either area (Physician or Bio-mechanical Engineer) much to the detriment of their insured.
Situations in which you may need a Clearwater Insurance Bad Faith Attorney include:
- An unreasonable claim denial
- An unreasonable delay in payment or stall tactics
- Failure to thoroughly investigate the claim
- Failure to investigate a claim in a timely manner
- Unreasonable interpretation of the language contained in the insurance policy
Good faith duties are a by-product of the relationship between the insured and the insurer. Since good faith duties are included in the insurance contract, a bad faith action springs from the insurer's breach of the implied terms of the policy. When the insured pays a premium, the insurer accepts the premium and makes certain promises to perform in the event of a specified loss arising from a loss. When the insurer has an opportunity to remove the uncertainty regarding the insured's exposure to loss and settle the claim on behalf of its insured within policy limits but fails to do so, it assumes the risks of an irrational jury, a poor decision, or any other mishap that would increase the insured's exposure to loss by taking the case to trial. Campbell, 306 S.2d at 530.
Not every claim denial is the result of bad faith. There are many forms of first and third party insurance claims. It is important to retain an experienced Clearwater Insurance Bad Faith attorney knowledgeable in recognizing when an insurance adjuster or company has deviated from the implied covenant of good faith and fair dealing. Many attorneys list bad faith as a practice area but fail to keep up with the current state of law or recent Court decisions that greatly affect this ever-changing and dramatically fluid area of the law.
A Clearwater Insurance bad faith attorney should be well versed in recent first and third-party coverage decisions in both County Courts and Federal Court. Further, a competent Florida bad faith attorney should have a strong grasp on how adjusters evaluate claims and work to ensure that the insurance carrier is provided all medical records so they may make an articulate decision as to the value of the claim. In contrast, many law firms will simply hide records and avoid sending pre-existing records evidencing an issue that may weaken the claim. However, such conduct is not only ethically frowned upon, it provides the insurance carrier an extremely strong and compelling reason for not paying the policy limits and will serve to undermine the bad faith portion of the case should the attorney be successful in obtaining a verdict well in excess of the policy limits.
An experienced Clearwater insurance bad faith attorney will understand how and when to preserve bad faith insurance claims. As a Florida personal injury law firm, we make it a point to work with the insurance carriers and provide them with all pertinent records and cooperate as much as possible. The insurance carrier will often screw up without you forcing their hand. These are the strongest bad faith claims. If you have been victimized as a result of an insurance carrier's misconduct, please call us for a free consultation. 727.451.6900.