Bad Faith Insurance Lawyer

Bradenton Bad Faith Insurance Attorney

A Bradenton bad faith insurance attorney represents people whose insurance company failed to treat them fairly, by refusing to settle within policy limits, unreasonably delaying payment, or denying a valid injury claim. Florida law requires insurers to act in good faith, and when they do not, the insurer may owe more than the policy limits.

Heintz Law represents injured people and their families in Bradenton, Palmetto, Manatee County, and across the Suncoast when an insurer's conduct turns a covered loss into a larger harm. Founding Partner Steven E. Heintz and our Bradenton bad faith insurance attorneys handle these claims as part of the firm's personal injury lawyer practice, most often after car crashes, uninsured motorist claims, and serious injury cases where the insurer had a fair chance to resolve the claim and did not.

What Is Bad Faith Insurance?

Bad faith insurance is when an insurance company fails to honor its duty to handle a claim fairly and honestly. In Florida, insurers must investigate claims, communicate with their insureds, and settle claims when they could and should have, treating the insured's interests with the same care they give their own.

That duty shows up in two main ways. An insurer owes its own policyholder a duty to pay valid claims under the policy, such as uninsured motorist or personal injury protection benefits. A liability insurer also owes the person it insures a duty to protect them from a judgment above the policy limits by settling claims against them when it reasonably can.

Not every denied or low-valued claim is bad faith. Florida law is clear that mere negligence alone is not enough. A bad faith claim looks at the insurer's overall conduct, including what it knew, when it knew it, and what it did with that information.

What Are the Signs an Insurance Company Is Acting in Bad Faith?

Common signs of bad faith include refusing to pay a claim when liability is reasonably clear, unreasonable delays, failing to investigate, misrepresenting what the policy covers, ignoring calls and letters, denying a claim without a written explanation, and refusing a reasonable settlement within policy limits that would have protected the insured.

Warning signs that an insurer may not be acting in good faith include:

• Denial without a valid reason. Rejecting a documented injury claim without explaining which policy terms apply.
• Unreasonable delay. Repeated requests for the same documents, long silences, or decisions that never seem to come.
• Poor communication. Unreturned calls and emails, no updates on the claim, or adjusters who change without notice.
• Inadequate investigation. Ignoring medical records, witness statements, or photographs that support the claim.
• Rushed or one-sided evaluations. Reaching conclusions before reviewing the evidence, or relying only on a records review that ignores treating physicians.
• Misrepresenting coverage. Telling a policyholder something is not covered when the policy says otherwise.
• Lowball offers. Offering far less than the documented losses without a reasoned explanation.
• Ignoring a policy limits demand. Failing to respond to a reasonable offer to settle within limits when the insured faces a judgment above them.

Can I Sue My Insurance Company for Bad Faith?

Yes, in the right circumstances. Florida allows a policyholder to bring a bad faith claim against their own insurer for unfair claim handling, such as an uninsured motorist claim, and allows an insured or injured person to pursue a liability insurer that failed to settle within limits. Several conditions must be met before the case can be filed.

For claims against your own insurer, Florida generally requires two steps first. A written civil remedy notice must be filed with the state, giving the insurer a chance to fix the problem. In uninsured motorist cases, the underlying claim usually must also be resolved in the policyholder's favor, so the amount of the loss is established.

For claims against a liability insurer, the bad faith case usually follows an excess judgment, meaning a verdict against the insured that is larger than the policy limits. The question becomes whether the insurer's handling of the claim caused that excess exposure.

What Is the Difference Between First-Party and Third-Party Bad Faith?

First-party bad faith involves your own insurer's handling of your own claim, such as uninsured motorist or personal injury protection benefits. Third-party bad faith involves a liability insurer's handling of a claim made against its insured, usually when it fails to settle within policy limits and the insured is hit with an excess judgment.

Both types of claims arise often in injury cases around Bradenton:

• First-party example. A driver is badly hurt on I-75 by an uninsured motorist. The driver's own carrier refuses to pay uninsured motorist benefits despite clear medical evidence, and a jury later returns a verdict well above the policy limits.
• Third-party example. A driver who caused a serious crash on Manatee Avenue has a $100,000 policy. The injured person offers to settle for the limits with full medical support, the carrier lets the offer lapse, and a jury later returns a much larger verdict against its insured.

In third-party cases, the insured who now faces the excess judgment often assigns the bad faith claim to the injured person, who then pursues the insurer directly. The details depend on the facts and the procedural history of the case.

What Is a Civil Remedy Notice in Florida?

A civil remedy notice is a written notice filed with the Florida Department of Financial Services and sent to the insurer, identifying the specific conduct and policy language at issue. It gives the insurer 60 days to cure the violation, usually by paying the claim. A bad faith lawsuit generally cannot move forward without a proper notice.

A notice has to be specific. It must identify the insurer, the policyholder, the claim, the conduct that violates Florida's insurance laws, and the facts behind the complaint. Vague notices invite arguments that the insurer was never given a fair chance to cure.

If the insurer pays what is owed within the 60-day window, the statutory bad faith claim is generally resolved. If it does not, the policyholder may pursue the bad faith claim once the other conditions are met.

How Did Florida Change Bad Faith Law in 2023?

Florida's 2023 civil justice changes narrowed bad faith claims in several ways. Negligence alone is no longer enough. Liability insurers that tender the lesser of their limits or the demand within 90 days of receiving a claim with sufficient supporting evidence are protected. Juries may also consider the conduct of claimants and their lawyers.

The main 2023 changes include:

• A higher bar. Florida law now states that mere negligence by an insurer does not, by itself, constitute bad faith.
• A 90-day safe harbor. A liability insurer that pays the lesser of its policy limits or the amount demanded within 90 days after receiving actual notice of a claim with sufficient evidence to support it cannot be liable for bad faith on that claim.
• Duties on claimants. Insureds, claimants, and their representatives must act in good faith when providing information, making demands, setting deadlines, and trying to settle. A jury may reduce bad faith damages if they did not.
• Multiple claimants. When several injured people have claims from one crash that exceed the limits, an insurer can avoid bad faith exposure by placing the full limits before a court or an agreed arbitrator within 90 days.
• Attorney fees. For most policies issued after March 24, 2023, Florida eliminated the rule that let a policyholder who won a coverage suit recover attorney fees from the insurer.

These changes make the way a claim is presented more important than ever. Demands must be supported by medical records and clear documentation, with deadlines that are reasonable and clearly stated.

How Do You Prove Bad Faith Insurance?

Bad faith is proven by the insurer's own claim file and conduct: when it learned the facts, how it evaluated the injuries, what its adjusters wrote, how it responded to demands, and whether it acted in the insured's interest. The question is whether, under all the circumstances, the insurer failed to handle the claim with good faith.

Evidence in a bad faith case commonly includes:

• The full claim file, including adjuster notes, reserves, and internal evaluations
• Every demand letter, settlement offer, and response, with dates
• Medical records and bills sent to the insurer, and when they were sent
• Recorded statements, emails, and letters between the insurer, the insured, and the claimant
• The insurer's claim-handling guidelines and training materials
• Testimony from adjusters, supervisors, and defense counsel
• Testimony from outside professionals on industry claim-handling standards

The timeline is often the heart of the case. A clear record of what the insurer had in hand, and how long it took to act, can show whether a reasonable insurer would have paid or settled.

What Duties Does an Insurance Company Owe in Florida?

Florida insurers must investigate claims promptly and fairly, communicate with policyholders, act in good faith, pay valid claims on time, and explain denials in writing. A liability insurer must also advise its insured of settlement opportunities, the likely outcome of the case, and the risk of a judgment above the limits.

Key obligations include:

• Duty to investigate. Gather medical records, crash reports, and witness statements, and evaluate the claim objectively.
• Duty to communicate. Explain coverage, respond to inquiries, and keep the policyholder informed of the claim's status.
• Duty to act in good faith. Handle claims honestly and avoid unreasonable delays.
• Duty to pay valid claims. Pay covered losses promptly, and explain any denial with reference to the policy terms.
• Duty to protect the insured. In liability claims, take reasonable steps to settle within limits and keep the insured informed of settlement offers and excess exposure.
• Duty to train claim staff. Make sure adjusters understand the policies and the claim-handling rules they apply.

What Damages Can Be Recovered in a Bad Faith Insurance Case?

In a third-party bad faith case, the insurer may be responsible for the full excess judgment entered against its insured, not just the policy limits. In a first-party case, the policyholder may recover the total damages caused by the insurer's conduct, which can include the full amount of a verdict above the limits. Punitive damages are available only in limited cases.

The categories of damages that may be available include:

• The amount of an excess judgment entered against the insured, plus interest and costs
• In uninsured motorist bad faith cases, the full amount of the verdict on the underlying claim, even above the policy limits
• Interest on overdue benefits in some first-party claims
• Attorney fees and costs where the law and the policy allow them
• Punitive damages when the insurer's conduct was willful, wanton, or malicious, or part of a general business practice

What is recoverable depends on the type of claim, the policy, the dates involved, and the 2023 changes discussed above.

What Should I Do If I Think My Insurance Company Is Acting in Bad Faith?

Read your policy, document every contact with the insurer in writing, and ask for a written explanation of any denial or delay. Keep copies of everything you send and receive. You can file a complaint with the Florida Department of Financial Services, and you should have the claim reviewed before deadlines run.

Steps that protect a potential bad faith claim include:

• Review the policy. Know your coverages, limits, exclusions, and claim deadlines, including any uninsured motorist coverage.
• Document everything. Log the date, time, and name for every call, and save every letter and email.
• Put requests in writing. Follow up calls with a short email confirming what was said and asked.
• Ask for written explanations. Request the specific policy language behind any denial or reduction.
• Send complete records. Provide medical records, bills, and wage information promptly, and keep proof of when you sent them.
• File a state complaint. The Florida Department of Financial Services accepts consumer complaints about insurers.
• Get the claim reviewed. Civil remedy notices, policy limits demands, and lawsuit deadlines have strict requirements.

How Does Bad Faith Come Up in Bradenton Injury Claims?

In Manatee County, bad faith issues most often arise after serious car and motorcycle crashes where the at-fault driver carries low limits, in uninsured motorist claims against the injured person's own carrier, and in premises and wrongful death cases where the liability insurer ignores a reasonable chance to settle.

Florida does not require drivers to carry bodily injury liability coverage, so many drivers on I-75, US 41, and Cortez Road carry low limits or none at all. That makes uninsured motorist coverage, and how a carrier handles it, central to many claims. Our article on the importance of uninsured motorist coverage explains why.

Bad faith questions also come up in Bradenton car accident, motorcycle accident, premises liability, and wrongful death cases, where injuries are serious and the gap between the policy limits and the losses is large.

How Do Our Bradenton Bad Faith Insurance Attorneys Handle These Cases?

Our Bradenton bad faith insurance attorneys handle these cases in stages, from the first review of the policy and claim file through the civil remedy notice, the underlying injury case, discovery, mediation, trial, and appeal. Every file is built from the start as if a jury will review how the insurer handled the claim.

• First contact. Review the policy, the coverage, the claim history, and every deadline.
• Claim presentation. Send complete, documented demands with clear, reasonable deadlines that meet Florida's requirements.
• Civil remedy notice. Prepare and file a specific notice when a first-party claim calls for one.
• The underlying case. Litigate the injury or uninsured motorist claim in the Manatee County Circuit Court or another proper court, which often must be resolved before the bad faith claim proceeds.
• Bad faith discovery. Obtain the claim file, depose adjusters and supervisors, and retain outside professionals on claim-handling standards.
• Mediation and trial. Negotiate with the case fully prepared, and try it when the insurer will not resolve it fairly.
• Appeal. Handle appeals in the Florida District Court of Appeal, the Florida Supreme Court, or federal court in the Middle District of Florida.

Why Choose Steven E. Heintz for Your Bad Faith Insurance Case?

Steven E. Heintz is the Founding Partner of Heintz Law, a Bradenton firm that represents only injured people and their families. His approach is careful preparation, aggressive advocacy where the facts call for it, and trial readiness from the first conference, which matters in cases where an insurer's conduct will be judged by a jury.

Settlement on the right number is welcome. Settlement on a number that shortchanges a client is not. Bad faith and injury cases are handled on a contingency fee, so there is no fee unless there is a recovery.

Contact Our Bradenton Bad Faith Insurance Attorneys

If an insurance company has delayed, denied, or undervalued your injury claim, or failed to settle a claim against you within your limits, Heintz Law can review the policy and the claim history and explain your options under Florida law.