The underpinnings of a bad faith case with teeth usually include actions by the insurance company that demonstrate they are acting in the best interests of their own pocketbook, and not in the best interests of its insureds. When dealing with your insurance company, keep an eye out for bad faith practices and document any actions or inactions made by your insurer and its representatives, so that they may be held responsible for their actions later on. Punitive damages may be significantly more than out-of-pocket expenses or the principal as they are paid in excess of the insurance claim and are based upon the financial strength of the insurer. We can show Tower Hill treated 50 additional insureds in the same manner as Mrs. Bingham the required permission to seek punitive damages against Tower Hill. “Punitive damages are intended to express society’s collective outrage for the insurer’s misconduct and deter similar egregious behavior in the future by punishing the defendant,” notes Ted Corless. Ultimately, whether punitive damages are appropriate will be decided by a jury. While the Court’s findings are procedural in nature, the Court’s Order established we have met the threshold of proof to now be able to present evidence seeking punitive damages. Bingham, pursuant to Section 768.72, Florida Statutes. The Court examined the proffer of evidence made by our firm on behalf of Mrs. After the breach of the policy is established, the insured may then pursue punitive damages. When insurance companies fail to uphold their duties to insureds, those customers have a right to file a claim based on breach of contract. Florida Statute § 624.155(5) states punitive damages can be awarded where the violations are so frequent as to indicate a “general business practice.” When an insurance company intentionally denies or does not cover a valid residential insurance claim, the insurer may have breached its contract by not acting in good faith and fair dealing. If an insurance company doesn’t play by the rules, it can be ordered to pay substantial punitive damages as punishment. Under Florida Statute § 624.155, a person may bring a civil action against an insurer when such person is damaged by the insurer’s violation of statutory provisions, all designed to level the playing field between well-funded insurers and their insureds. Bingham’s case and would be grateful to hear from you.įlorida law provides a civil remedy for insureds when their insurance companies engage in bad faith. After perusing these materials, if you have experienced a similar treatment by your insurer, please contact us at 81. Bingham will have her day in court as our law firm pursues full and fair compensation stemming from sinkhole damage while seeking punitive damages against her insurer, Tower Hill Preferred Insurance Company (hereinafter “Tower Hill”).įor details about this watershed case, we encourage you to read our newsletter and blog. Trials are fundamental to the administration of justice.
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