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New Florida Bill Might Make Fighting Insurance Companies Harder

New Florida Bill Might Make Fighting Insurance Companies Harder

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If your home has been damaged or destroyed, the last thing you want to do is deal with your insurance company. Insurance companies often drag out the claims process and try to avoid compensating you for your damages. Florida law actually provides avenues for suing your insurance companies under certain conditions but two new bills in the Florida legislature may reduce the pressure on insurers to make things right for their insured clients.

The Current Law

Section 624.155 of the Florida Statutes gives the insured a civil right of action to sue their insurer if the insurance company committed certain violations such as making a misrepresentation about the insured’s policy to effect settlement of a claim, altering a material document, not attempting to settle claims in good faith, and failing to promptly settle part of a claim to influence settlements under other portions of the insurance policy.

Basically, if your insurance company lies to you, alters documents without you knowing, or tries some other underhanded tactic to reduce the amount of your settlement, you have the right to sue your insurance company.

 Under the current law, if you sue an insurance company under Section 624.155, the suit will not proceed as long as the insurance company either pays for the damages within 60 days or the insurance company corrects the specific violations that gave rise to the circumstances within 60 days.

Proposed Avenues for Insurance Companies to Avoid Lawsuits

Now two bills, one in the House and one in the Senate, are attempting to give insurance companies another condition to avoid a lawsuit for a 366.02 violation. The Senate bill would add the following condition:

An No actionmay not be brought shall lie if, within 60

days after filingthe notice, the damages are paid; the

appraisal is in process and a payment, if required, is timely

made; or the circumstances giving rise to the violation are

corrected.

So if the bill is passed, as long as there is an appraisal in process, you would not be able to sue your insurance company for wrongdoing. Starting the appraisal process would be much easier than paying damages after a claim is made and it is foreseeable that an insurer could use the appraisal process to hinder your settlement and avoid litigation.

If your property has been damaged by a storm or for any other reason, reach out to the attorneys of Abrams Justice Trial Attorneys first. We can help you deal with your insurance company and we are always up to date on the law. Contact us at (305) 709-0880.

About The Author
Ivan Abrams
Ivan Abrams is the founding partner of Abrams Justice. Ivan is a natural storyteller, problem solver, andmost importantlya lion in the courtroom. Ivan has extensive litigation experience, having served as lead counsel in more than 40 jury trials and hundreds of evidentiary motions. Ivan loves nothing more than standing up to large insurance companies that seek to bully his clients who have been ...read more

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