Resolving Disputes Through the Civil Remedy Statute
Florida's civil remedy statute is the law that controls litigation involving policyholder disputes, including insurance coverage disputes and insurance bad faith litigation. It details the obligations the insurance company owes to its policyholders, outlines policyholders' options and describes the actions the parties must take in order to resolve an insurance dispute.
Insurance litigation differs from other forms of civil litigation. A plaintiffs' lawyer cannot just file a lawsuit against an insurance company that refuses to pay a claim. A specific process must be followed to resolve the dispute.
The attorneys of Ver Ploeg & Lumpkin, P.A., understand the legal rights and obligations of both policyholders and insurance companies. Our knowledge of the civil remedy statute and other insurance laws allows us to guide clients through the process of resolving insurance disputes.
Causes of Action
Policyholders can seek compensation for damages under the civil remedy statute if the insurance company violates a number of regulations, including those involving:
- Unfair methods of competition and unfair or deceptive acts
- Favoring applications written by specific agents, brokers or insurers
- Failure to provide insurance to a disabled person based on the disability
- Failure to return unearned premiums within certain deadlines after a policy is cancelled
Policyholders can sue the insurer for:
- Not attempting in good faith to settle claims that could and should be settled
- Making claim payments without adequate explanation and documentation
- Failing to settle valid claims on one portion of the policy in order to influence the settlement of claims on another portion of the policy
Legal Help for Policyholders
Insurance law is complex and resolving insurance disputes is not a do-it-yourself project. A simple mistake can result in a claim denial, delayed payments or extended litigation. The attorneys of Ver Ploeg & Lumpkin, P.A., have helped businesses and individuals resolve complex insurance disputes since 1995.
To arrange a consultation to discuss your insurance coverage dispute, please contact us by e-mail or call 305-577-3996. From offices in Miami and Orlando, our lawyers represent clients from throughout Florida and across the nation.