Bad Faith Insurance Attorney in Pembroke Pines

Bad Faith Insurance Attorney in Pembroke Pines

When a Florida insurance company refuses to pay a legitimate claim, delays payment without justification, or offers a settlement so low it borders on insulting, you may be dealing with more than a simple dispute — you may be the victim of insurance bad faith. In Pembroke Pines and throughout Broward County, property owners frequently face this kind of misconduct after hurricanes, water damage events, fire losses, and other covered perils. Understanding your rights under Florida law is the first step toward holding your insurer accountable.

What Is Insurance Bad Faith Under Florida Law?

Florida Statutes § 624.155 is the primary law governing bad faith claims against insurance companies in this state. It creates a private cause of action for policyholders when an insurer fails to settle claims in good faith when it could and should have done so. This statute applies to both first-party claims — where you are making a claim against your own policy — and certain third-party situations.

Florida also recognizes common law bad faith, which developed through court decisions over decades. Under either framework, an insurer owes its policyholder a duty to act fairly, promptly, and honestly throughout the claims process. When an insurer breaches that duty, the consequences can be severe — including exposure to damages that exceed the original policy limits.

Common examples of insurance bad faith in property damage claims include:

• Denying a valid claim without conducting a reasonable investigation
• Misrepresenting policy terms or coverage provisions
• Offering an unreasonably low settlement without factual basis
• Failing to acknowledge or respond to a claim within a reasonable time
• Using unfair claim settlement practices to wear down the policyholder
• Requiring excessive documentation that is not necessary to process the claim
• Refusing to pay after an appraisal award has been entered

The Civil Remedy Notice Requirement

Before filing a bad faith lawsuit under § 624.155, Florida law requires policyholders to serve the insurer and the Florida Department of Financial Services with a Civil Remedy Notice (CRN). This notice is a mandatory prerequisite — skip it and your bad faith claim is barred.

The CRN must identify the specific statutory violations the insurer committed and give the insurer 60 days to cure the alleged bad faith conduct. If the insurer pays the full amount of the claim plus interest within that window, the bad faith action cannot proceed. However, if the insurer ignores the notice, offers inadequate payment, or otherwise fails to cure, you may then file a civil bad faith lawsuit.

This procedural step is critical and time-sensitive. Many Pembroke Pines property owners lose the right to pursue bad faith damages simply because they were unaware of this requirement or filed the notice incorrectly. An experienced property insurance attorney can ensure the CRN is properly drafted and filed, preserving your right to pursue full damages.

Damages Available in a Bad Faith Claim

One of the most significant aspects of a successful bad faith claim in Florida is the damages available. Unlike a standard breach of contract action where you recover only the unpaid policy benefits, a bad faith claim can unlock substantially broader compensation.

Under Florida law, bad faith damages may include:

• The full value of your underlying property damage claim, including amounts that may exceed your policy limits in certain circumstances
• Consequential damages — financial losses you suffered as a direct result of the insurer's conduct, such as additional living expenses or business interruption losses
• Attorney's fees and costs under § 624.155 and the fee-shifting provisions of Florida insurance law
• Interest on delayed payments under § 627.70131
• Emotional distress damages in appropriate cases

In egregious cases involving intentional misconduct, punitive damages may also be available, though they require a heightened showing of malice or reckless disregard for your rights.

Why Pembroke Pines Property Owners Are Particularly Vulnerable

Pembroke Pines sits squarely in South Florida's high-risk insurance corridor. The region is subject to tropical storms, hurricane-force winds, intense rainfall events, and the kind of sustained humidity that accelerates water intrusion and mold growth. After major weather events, insurers face a surge of claims and financial pressure to minimize payouts — and that pressure often gets passed down to individual policyholders through delay tactics, lowball offers, and manufactured coverage disputes.

Common property damage scenarios that lead to bad faith disputes in Pembroke Pines include roof damage from wind or hail, water damage from roof failures or plumbing failures, mold remediation disputes, and total losses following fire. Insurers sometimes argue that damage is the result of wear and tear or prior neglect rather than a covered peril — a common tactic to shift responsibility off their books.

Florida's assignment of benefits (AOB) reforms under SB 2-D (2022) and subsequent legislative changes have also shifted the legal landscape in ways that directly affect how claims are handled and litigated. Staying current on these changes is essential when evaluating your options.

Steps to Take If You Suspect Bad Faith

If you believe your insurance company is acting in bad faith, taking prompt and organized action can make a significant difference in the outcome of your case.

• Document everything. Keep detailed records of all communications with your insurer, including emails, letters, phone call logs, and claim correspondence.
• Preserve evidence of damage. Photograph and video all damage thoroughly before, during, and after any repairs. Do not discard damaged materials without first documenting them.
• Request your claim file. Under Florida law, you have the right to request a complete copy of your claim file from your insurer. This can reveal internal communications that support a bad faith claim.
• Obtain an independent estimate. Hire a licensed public adjuster or contractor to provide an objective assessment of your damages, independent of the insurer's adjuster.
• Consult an attorney before accepting any settlement. Once you sign a release, you typically cannot revisit that claim — even if you later discover the settlement was far below what you were owed.

Time is also a factor. Florida's statute of limitations for bad faith claims under § 624.155 is five years, but waiting too long can allow evidence to disappear and make the case harder to prove. Acting promptly protects your rights and your ability to recover full compensation.

Insurance companies have dedicated legal teams working to minimize what they pay you. Having an experienced property insurance attorney on your side levels the playing field — and in bad faith cases, the insurer may ultimately be responsible for your attorney's fees, meaning quality legal representation may cost you nothing out of pocket if you prevail.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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