Understanding Your Rights After a Denied Florida Insurance Claim

Dealing with an insurance claim denial in Florida can feel overwhelming. Whether it’s your homeowners, auto, or health insurance, getting that letter saying your claim has been denied can leave you frustrated, and probably a bit confused about what comes next. The good news is you have rights under Florida law that can help you fight back and possibly get the benefits your policy promises.

Why Insurance Claims Get Denied in Florida

Insurance companies turn down claims for many reasons. Maybe you missed a deadline, sent incomplete documentation, or there was a policy exclusion. Or perhaps there’s an argument over how much your claim is really worth. Sometimes these denials are legitimate, but other times, insurance companies unjustly deny claims.

The good news is that Florida law has rules against “bad faith.” Basically, insurers can’t just throw out your valid claim or stall your case for no good reason. Florida Statutes section 624.155 requires insurance companies to handle claims fairly and without delays.

What Are Your Rights if Your Claim Is Denied?

If your insurance claim has been denied in Florida, you have several important rights that can help you challenge the decision:

Right to a Written Explanation

Florida insurers are required to provide a clear, written explanation detailing why your claim was denied. This letter should cite the specific sections of your policy that support the denial. Make sure to keep this document, as it can serve as crucial evidence if you choose to appeal or pursue legal action.

Right To Review Your Policy

You have the right to thoroughly review your insurance policy to understand coverage limits, exclusions, and your responsibilities. Understanding the exact wording of your policy can help you in determining whether the denial was justified or if your claim was unfairly dismissed.

Right To Appeal

Most insurance companies offer an internal appeal process. Submitting an appeal allows you to present additional documentation or rectify any mistakes that may have contributed to the denial. When it comes to appealing a denied insurance claim, it’s important to act swiftly, as there may be deadlines involved.

Right To File a Civil Remedy Notice (CRN)

In Florida, if you believe your insurance company acted in bad faith, you have the right to file a Civil Remedy Notice (CRN) under Florida Statutes section 624.155. The CRN formally notifies your insurer that you intend to pursue legal action due to unreasonable denial, delay, or handling of your claim. The notice must include details about the claim, the denial, and why you believe the insurer acted in bad faith.

Right To File a Lawsuit

If your insurer does not resolve the issue within 60 days of you filing the CRN, you have the right to file a lawsuit. A bad-faith insurance lawsuit allows policyholders to seek not only the benefits owed under the policy but also additional damages, such as attorney fees, interest, and sometimes punitive damages if the insurer’s conduct was particularly egregious.

Time is critical when challenging an insurance claim denial in Florida. Policies often have strict deadlines for appeals, and the statute of limitations limits how long you can wait to file a bad-faith lawsuit. Acting promptly is vital for increasing your chances of recovering the benefits you deserve and holding the insurer accountable for unfair practices.

Contact Us for Legal Help

If your Florida insurance claim was denied, contact our skilled Tampa insurance bad faith lawyers at Gunn Law Group, P.A. to protect your rights.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0624/Sections/0624.155.html