Bad Faith, Insurance Litigation Florida
Perhaps the most important aspect of prosecuting claims arising out of auto accidents, boating accidents, motorcycle accidents, and trucking accidents involves preservation of evidence. Many times there are liability issues that go far beyond the issue of negligent operation of a motor vehicle or boat. These issues include issues of maintenance and potential liability of product manufacturers.
There are also issues which can be anticipated to be raised by defense including issues of comparative negligence and/or alleged failure to utilize a seatbelt.
By simply preserving the evidence our firm will be able to investigate critical aspects of your claim(s) at an early stage.
This vigorous early prosecution identifies critical issues involving your claim(s) and provides a foundation to provide the defense insurance company information in a timely manner in support of demands for settlement.
This in turn puts the defense insurance company on notice of your potential claims to allow the defense insurance company to timely tender all limits of coverage.
Pursuant to Florida law, in the event insurance limits are not timely offered, this can result in perfection of a “BAD FAITH” CLAIM.
In the event it is determined that a defense insurance company acted in Bad Faith, the recovery by our client is not limited to the actual policy limit of the defense insurance company.
In the event the defense insurance company is determined to be in Bad Faith, our clients are entitled to collect funds from the defense insurance company which are in excess of the insurance company’s liability coverage.