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insurance bad faith Archives

What is bad faith?

There's a term that you may hear thrown around in professional circles in Jacksonville: "bad faith." Typically, it is meant to describe the disingenuous actions of a party in reference to a deal or negotiation, yet its application can be different depending upon the context that it refers to. For example, insurance bad faith is a problem sometimes encountered by policyholders when trying to get claims resolved. Yet to recognize when it might be happening in your particular case, you first need to understand what it is. 

The basics of the insurance bad faith law

Insurance bad faith is a legal claim practiced in the United States, and describes a tort claim a person can have against an insurance company for bad or unfair acts. In Florida, this law allows an individual to recover damages from insurers for various reasons. Typically, this type of law helps settle a claim in good faith that the insurer should have initially carried out.

Handling the denial of your homeowner's insurance claim

Each year, peoples' homes are destroyed for a wide variety of reasons. Sometimes, this destruction is a result of natural disasters, such as a tornado, hurricane, flood or lightning strike. In other cases, homes become damaged due to vandalism, arson or burglary. Regardless of the reason why your home becomes damaged, you should make sure that you gain access to any benefits you are entitled to if you have found yourself in this position. At Tyler & Hamilton, P.A., our law firm knows how difficult these problems can be for people who live in Jacksonville, and in other parts of Florida.

Denied payments and other bad faith insurance issues

From life insurance to homeowner's insurance, when people pay their insurance policy they expect to be covered. Unfortunately, insurance companies in Florida and across the country sometimes let their customers down. At Tyler & Hamilton, we know how frustrating it often is to be in this position, which sometimes leaves people feeling helpless. If your insurance company has denied payments that you were entitled to, or you are facing other problems such as delayed coverage, it is essential to stand up for your rights.

What constitutes a bad faith claim?

As a Florida homeowner, you should be able to rely on your insurance company to provide crucial coverage when your home sustains costly damage. Sometimes, however, insurance companies act in bad faith, denying or delaying settlement for valid claims. When this occurs, you may have grounds for a civil action. Here is an overview of some of the building blocks for an insurance bad faith claim.

Can bad faith insurance settlements be taxed by the IRS?

When it comes to bad faith insurance settlements, many people in Jacksonville wonder whether these settlements can be taxed by the IRS. This can be a complex question to answer, due to the many variables involved in bad faith insurance litigation and other associated factors.

What is the duty to defend?

Insurance companies are under an affirmative obligation to defend their insured against potential claims. But it is in the interest of the insurance company to accept insurance premiums and then deny or drop coverage when a claim arises against the insured. Therefore, there is a body of law "bad faith insurance" that is designed to prevent wrongful denial of the duty to defend. This post will go over the duty to defend and bad faith insurance claims.

For policyholders in need of legal representation

In an ideal world, insurance companies and their policyholders would live in harmony. The insurance company would work hard to fulfill a policyholder's claim, and the policyholder could rest easy knowing that simply by having insurance, their needs will be covered. Unfortunately, we do not live in this ideal world. Insurance companies will do whatever they can to mitigate their liability when you bring a claim, even if that means outright denying a claim under unjust circumstances.

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