Insurance Delay Tactics in Florida Claims

When you file an insurance claim in Florida, you expect your insurance company to process it promptly and fairly. Unfortunately, many policyholders in Jacksonville and throughout Florida experience unnecessary delays that leave them financially strained and frustrated. Understanding common delay tactics employed by insurance companies can help you recognize bad faith practices and protect your rights under Florida law.

Florida law imposes specific time requirements on insurance companies to ensure prompt claim handling. When insurers deliberately drag out the claims process, they may be engaging in bad faith—a serious violation that can expose them to additional damages beyond your original claim.

Common Insurance Delay Tactics in Florida

Insurance companies use various strategies to postpone paying legitimate claims. Recognizing these tactics is the first step in fighting back against unfair treatment.

• Excessive documentation requests: Demanding the same documents multiple times or requesting irrelevant information unrelated to your claim
• Repeated claim transfers: Moving your file between adjusters so no single person takes responsibility for resolving your claim
• Unnecessary investigations: Conducting prolonged investigations when liability and damages are clear
• Ignoring communications: Failing to return phone calls, emails, or correspondence for extended periods
• Delayed inspections: Taking weeks or months to schedule property inspections or medical examinations
• Missing deadlines: Failing to acknowledge claims, approve or deny coverage, or issue payment within statutory timeframes

These tactics serve one primary purpose: to wear down policyholders until they either accept lowball settlements or abandon their claims entirely. Insurance companies calculate that the financial pressure of waiting will force claimants to settle for less than they deserve.

Florida's Statutory Deadlines for Insurance Claims

Florida Statutes Section 627.70131 establishes strict timeframes that insurance companies must follow when handling claims. These requirements apply to property insurance claims and provide important protections for policyholders.

Within 14 days of receiving notice of a claim, insurers must acknowledge receipt and begin their investigation. The insurance company must provide claimants with a reasonable written explanation if more time is needed. For claims filed during a state of emergency declared by the governor, insurers have even tighter deadlines—just three business days to contact the insured.

Once an insurance company receives all requested documentation and completes its investigation, it has 90 days to pay, deny, or settle the claim. Any payment must be made within this 90-day window, or the insurer must provide a valid reason for the delay in writing.

For claims where coverage is not in dispute, Florida law requires payment within 60 days after the insurer receives notice of loss. Failure to meet these deadlines without a legitimate reason may constitute bad faith.

Recognizing Bad Faith Delay Tactics

Not every delay constitutes bad faith under Florida law. Legitimate reasons for delays can include waiting for necessary medical reports, police investigations, or complex damage assessments. However, certain behaviors cross the line into bad faith territory.

Bad faith delays typically involve a pattern of unreasonable conduct rather than a single instance. If your insurance company misses one deadline but otherwise handles your claim appropriately, this may not rise to the level of bad faith. However, systematic delays combined with other problematic behaviors often indicate bad faith.

Florida courts have recognized bad faith when insurance companies fail to conduct reasonable investigations, ignore evidence supporting the claim, or delay without legitimate justification. In the landmark case of State Farm Mutual Automobile Insurance Co. v. Laforet, the Florida Supreme Court established that insurers have a duty to advance the interests of their policyholders with the same diligence they would use in advancing their own interests.

Warning signs of bad faith include adjusters who suddenly become unreachable, requests for documentation you've already provided, unexplained reassignments of your claim to new adjusters, and generic explanations for delays that don't address your specific situation.

Legal Remedies for Insurance Delay Tactics

Florida law provides policyholders with powerful remedies when insurance companies engage in bad faith delay tactics. These remedies go beyond simply receiving the benefits originally owed under your policy.

Policyholders who successfully prove bad faith may recover damages including the original claim amount, consequential damages resulting from the delay, attorney's fees, and in some cases, punitive damages designed to punish the insurer's misconduct. Consequential damages might include additional living expenses, business losses, or financial hardships directly caused by the unreasonable delay.

Florida Statutes Section 624.155 allows courts to award reasonable attorney's fees to policyholders who prevail in bad faith claims. This provision levels the playing field, allowing individuals to hire experienced attorneys without worrying about prohibitive legal costs if their claim succeeds.

Before pursuing a bad faith lawsuit, Florida law requires policyholders to comply with the civil remedy notice requirements under Section 624.155. This involves sending the insurer a detailed written notice describing the alleged violations and providing 60 days to cure the breach. If the insurance company fails to remedy the situation within this timeframe, you may proceed with litigation.

Protecting Your Rights During the Claims Process

Taking proactive steps from the beginning of your claim can strengthen your position if delay tactics emerge. Documentation is your most powerful tool in fighting insurance company misconduct.

Maintain detailed records of every interaction with your insurance company. Note the date, time, and substance of all phone calls, and save copies of all written correspondence. When communicating important information, use email or certified mail to create a paper trail. Document all requested information you submit, including dates and methods of transmission.

Keep a claim journal recording the impact of delays on your life. Note additional expenses, lost income, emotional distress, and other hardships resulting from the insurance company's failure to pay your claim promptly. This documentation becomes crucial evidence if you need to pursue a bad faith claim.

If your insurance company begins employing delay tactics, send written requests for updates on your claim status. Ask for specific explanations of any delays and the expected timeline for resolution. These communications create a record demonstrating the insurer's unreasonable conduct.

Consider consulting with an attorney experienced in Florida insurance bad faith claims early in the process. An attorney can identify red flags, communicate with the insurance company on your behalf, and ensure compliance with statutory notice requirements if bad faith litigation becomes necessary.

Jacksonville policyholders facing insurance delays should remember that Florida law provides robust protections against unfair claim handling practices. Insurance companies count on claimants not understanding their rights or lacking the resources to challenge improper delays. When you recognize delay tactics and take appropriate action, you shift the balance of power and increase the likelihood of obtaining the full compensation you deserve under your policy.

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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