Orlando Insurance Bad Faith Attorney

Insurance companies collect premiums for years, and when a policyholder actually needs to use that coverage, the expectation is straightforward: file a claim, get paid what the policy allows. But what happens when an insurer does not play by the rules? When a company unreasonably delays a valid claim, denies it without a legitimate basis, or offers a settlement so far below actual damages that it cannot be called good faith dealing, that conduct has a name in Florida law, and it carries real legal consequences. Our firm represents Orlando residents and injury victims throughout Central Florida who have been wronged not just by the person who hurt them, but by the insurance company that was supposed to provide the financial protection they needed. An Orlando insurance bad faith attorney can hold those companies accountable for conduct that goes well beyond a simple claims dispute.

What Insurance Companies Are Actually Required to Do Under Florida Law

Florida’s insurance bad faith statute, Section 624.155 of the Florida Statutes, creates a legal framework that most policyholders do not know exists until they find themselves buried in a claims dispute. The law requires insurers to deal fairly with their policyholders and, in liability cases, with third parties who have claims against insured defendants. That obligation is not aspirational language. It is enforceable, and violations carry financial consequences that can exceed the original policy limits.

Under Florida law, an insurer acts in bad faith when it fails to attempt to settle a claim in good faith when it could and should have done so. This includes situations where a liability insurer has a reasonable opportunity to settle a claim within policy limits and refuses, exposing its insured to a judgment that exceeds those limits. It also covers conduct like failing to promptly investigate a claim, failing to communicate clearly with a claimant, misrepresenting the terms of a policy to deny coverage, and failing to pay an undisputed portion of a claim while contesting another portion. The law also provides a path for first-party bad faith, which applies when your own insurer, such as an uninsured motorist carrier or a homeowners insurer, treats you unfairly.

There is a procedural step that matters enormously in Florida bad faith cases: before filing a lawsuit, a claimant must typically file a Civil Remedy Notice with the Florida Department of Financial Services, giving the insurer 60 days to cure the alleged bad faith conduct. Missing this step can be fatal to a case, and getting it right requires careful attention to what the notice must contain and how it must be served. This is not paperwork to handle without counsel.

How Bad Faith Claims Arise Out of Serious Injury Cases

The majority of bad faith claims in Florida emerge from situations where an underlying personal injury case has already established, or strongly suggests, that the insured defendant caused harm. A car accident case is the most common setting. A drunk driver or distracted driver hits someone, causes catastrophic injuries, and carries a $100,000 bodily injury liability policy. The injured person demands the policy limits within a reasonable time. The insurer drags its feet, fails to investigate properly, or simply declines to tender the limits, hoping the claimant will give up or accept less. The case proceeds to trial. The jury returns a verdict of $500,000. The insured driver is now personally on the hook for $400,000 that the insurer could have resolved for $100,000. That scenario creates a textbook bad faith claim, and the insured can pursue the insurer for the excess judgment.

These cases also arise in uninsured and underinsured motorist coverage disputes, which are unfortunately common in Orange County and the surrounding communities. Florida has a high rate of uninsured drivers, and many injury victims rely on their own UM coverage after a serious crash. When that carrier delays, misrepresents coverage, or offers a fraction of what the injuries are worth without a reasonable basis, the victim has a potential bad faith claim against their own insurance company, the one they paid premiums to for years.

Premises liability accidents, truck crash cases, and other serious injury matters can similarly give rise to bad faith when the at-fault party’s insurer refuses to engage reasonably with a valid demand. Our firm handles both the underlying personal injury claim and, where appropriate, the bad faith action that follows.

The Connection Between Your Injury Case and a Bad Faith Claim

A bad faith claim is almost never a standalone legal action. It grows out of an underlying dispute, and how that underlying case is handled has enormous implications for whether a bad faith action is viable and how strong it will be. This is why the attorney you hire from the beginning matters as much as it does.

Positioning a case for bad faith from the outset requires sending demands strategically, creating a clear record of the insurer’s response and timeline, documenting every communication and delay, and ensuring that any settlement demands are structured in a way that satisfies Florida’s legal requirements for putting an insurer on notice. Attorneys who do not think about bad faith from the early stages of a case often leave significant value on the table when an insurer acts in bad faith later.

Our attorneys handle serious injury cases throughout Greater Orlando with this longer view in mind. We are not simply trying to resolve the immediate claim. We are building a complete record of what the insurer did, when they did it, and whether their conduct meets the legal standard for bad faith liability. When an insurer knows that opposing counsel is prepared to pursue every available avenue of recovery, it changes how they engage at the negotiating table.

What Damages Are Available in a Florida Bad Faith Case

One reason bad faith litigation is significant is that the damages available go beyond what an insurer would have owed under the original policy. In a third-party bad faith case where an insurer’s refusal to settle results in an excess verdict against its insured, the insurer can be held responsible for the full amount of that verdict, not just the policy limits. This is a substantial departure from the ordinary rules that cap an insurer’s exposure at the policy amount.

In first-party bad faith cases, damages can include the full amount of the underlying insurance benefit that was wrongfully withheld, consequential damages that flowed from the insurer’s conduct, and in some circumstances, attorney’s fees. Florida law allows fee-shifting in insurance disputes under certain conditions, which is a meaningful check on insurer misconduct because it removes the financial shield that otherwise makes litigation impractical for individuals fighting a large company.

Whether a case involves a liability insurer that failed to settle, a UM carrier that refused to pay a legitimate claim, or another form of insurer misconduct, the damages calculation in bad faith litigation requires careful analysis. Our firm evaluates these cases with attention to both the underlying harm and the full scope of what Florida law allows an injured person to recover.

Questions Clients Commonly Ask About Bad Faith Insurance Claims in Orlando

How do I know if my insurer has acted in bad faith, or just made a decision I disagree with?

The line between a legitimate coverage dispute and bad faith is not always obvious. An insurer is allowed to investigate, evaluate, and even deny claims, as long as there is a reasonable basis for doing so. Bad faith requires more: an unreasonable denial, a pattern of delay without justification, misrepresentation of policy terms, or failure to settle when the opportunity was clear and the liability was apparent. An attorney can review the claim file, the communications, and the timeline to give you a realistic assessment of where your situation falls.

Can I bring a bad faith claim against my own insurance company?

Yes. Florida recognizes first-party bad faith claims, which arise when your own insurer treats you unfairly in handling your claim. Uninsured motorist disputes are a common source of first-party bad faith in this region, given how frequently UM coverage comes into play after serious crashes involving uninsured drivers.

Does the Civil Remedy Notice requirement apply in every bad faith case?

The Civil Remedy Notice requirement applies to statutory bad faith claims brought under Florida Statutes Section 624.155. There are nuances depending on the type of insurer and the nature of the claim. This is one reason it is critical to involve an attorney before taking any formal steps, because a procedurally defective notice can eliminate your ability to pursue the claim.

What if the insurer settles the original claim but I believe they acted in bad faith before settling?

Settlement of the underlying claim does not automatically eliminate a bad faith claim, but it does affect the analysis significantly. The facts and timing matter, and an attorney can help you evaluate whether the resolution of the original dispute leaves room for additional recovery based on how the insurer conducted itself during the process.

How long do I have to bring a bad faith claim in Florida?

The statute of limitations for insurance bad faith claims in Florida is generally five years for claims based on a written contract, though the specific timeline can vary based on the type of claim and when the cause of action accrued. That said, waiting is not advisable. Evidence of insurer misconduct, including claim files, internal communications, and adjuster notes, is more accessible earlier in the process.

Will bringing a bad faith claim affect my relationship with my insurance company going forward?

This is a concern many clients raise. The honest answer is that bad faith litigation is adversarial, and it does change the dynamic. But clients who have been genuinely wronged by an insurer are usually more concerned with recovering what they are owed than with preserving a relationship with a company that failed them when it mattered most.

Pursuing Insurance Accountability in Orlando and Central Florida

Our firm represents injury victims across Orange, Seminole, and Osceola counties, including clients throughout Orlando, Winter Park, Lake Nona, Oviedo, Winter Garden, and the surrounding communities. The cases we handle, from serious car and truck accidents to premises liability and catastrophic injury claims, frequently involve insurance companies that do not fulfill their obligations. When that happens, we pursue every avenue the law provides. Clients who come to us with an underlying injury claim receive counsel that accounts for bad faith exposure from day one, because building that record from the start is how you put real pressure on an insurer that is not dealing fairly. If you believe an insurance company has treated you wrongly, we are ready to evaluate what happened and advise you on what an Orlando insurance bad faith claim might mean for your situation.