Florida Insurance Bad Faith Lawyer

You pay your insurance premiums every month. When you file a claim, you expect your insurance company to honor their end of the contract. But too often, insurers unreasonably deny valid claims, delay payments, or offer far less than your claim is worth. When they do, it is not just frustrating. It may be illegal.

Florida law protects policyholders from insurance company bad faith. At Florida Advocates, we hold insurers accountable when they fail to act in good faith, and we pursue the full compensation you are owed, including damages beyond your original policy limits.

What Is Insurance Bad Faith?

Insurance bad faith occurs when an insurance company fails to fulfill its legal duty to act fairly and honestly with policyholders. Under Florida Statute 624.155, insurers must handle claims in good faith. When they do not, policyholders have the right to sue for damages.

Bad faith can occur with any type of insurance: auto, homeowners, health, disability, or liability policies. The insurer may be your own company (first-party bad faith) or the at-fault party’s insurer (third-party bad faith).

Common Examples of Insurance Bad Faith

• Unreasonable claim denials: Rejecting valid claims without proper investigation or legitimate reason.
• Excessive delays: Taking unreasonably long to investigate, process, or pay claims.
• Lowball settlement offers: Offering far less than the claim is worth to pressure quick acceptance.
• Failure to investigate: Not properly reviewing evidence, medical records, or policy terms.
• Misrepresenting policy terms: Claiming coverage does not exist when it does.
• Refusing to defend: Failing to provide legal defense when required under the policy.
• Failure to communicate: Not responding to calls, letters, or requests for information.

Florida Bad Faith Insurance Law

Florida Statute 624.155 allows policyholders to bring a civil action against insurers who act in bad faith. Before filing suit, you must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services, giving the insurer 60 days to cure the violation.

If the insurer fails to cure within 60 days, you may proceed with a bad faith lawsuit. If successful, you may recover damages beyond your policy limits, including consequential damages, attorney fees, and in some cases, punitive damages.

 First-Party vs. Third-Party Bad Faith

First-party bad faith: When your own insurance company acts in bad faith on your claim. For example, your auto insurer denying your UM/UIM claim or your homeowner’s insurer delaying your hurricane damage claim.

Third-party bad faith: When the at-fault party’s insurer fails to settle within policy limits when they should have, exposing their insured to excess judgment. This typically arises in personal injury cases where the liable party’s insurer refuses reasonable settlement demands.

Why Carlos D. Cabrera for Insurance Bad Faith Claims

Before representing injury victims, Carlos D. Cabrera worked as insurance defense counsel. He evaluated claims, reviewed medical records, and developed the arguments insurers use to minimize payouts. He knows exactly how insurance companies think, what tactics they use, and how to defeat them.

Now he uses that inside knowledge to pursue full recovery for policyholders. When an insurer acts in bad faith, Carlos knows how to document the violation, file the Civil Remedy Notice, and build a case that holds them accountable.

What to Do If You Suspect Bad Faith

1. Document everything: Save all correspondence, claim forms, denial letters, and notes from phone calls. Include dates, times, and names of representatives.
2. Request written explanations: Ask the insurer to explain denials or delays in writing.
3. Do not accept lowball offers: Consult an attorney before accepting any settlement.
4. Act promptly: Bad faith claims have deadlines. Contact an attorney as soon as you suspect bad faith.

Damages in Bad Faith Claims

In a successful bad faith claim, you may recover the full value of your original claim plus additional damages caused by the insurer’s conduct. This may include interest, emotional distress, consequential damages (such as foreclosure or bankruptcy caused by the delay), attorney fees, and in egregious cases, punitive damages designed to punish the insurer and deter future misconduct.

ABOUT CARLOS D. CABRERA

Carlos D. Cabrera leads the Personal Injury Department at Florida Advocates. Before representing injury victims, he spent years defending insurance companies as defense counsel, developing the arguments insurers use to minimize payouts. 24+ years insurance litigation experience.

Education

• J.D. — St. Thomas University College of Law (2000)
• Managing Editor, St. Thomas Law Review
• B.A. English — Florida International University (1994)

Bar Admissions

• The Florida Bar
• U.S. District Court, Southern District of Florida
• U.S. District Court, Middle District of Florida
• U.S. District Court, Northern District of Florida

Credentials & Recognitions

• Million Dollar Advocates Forum Member
• Multi-Million Dollar Advocates Forum Member
• Florida Legal Elite Recognition
• Lead Counsel Verified (Appellate, since 2015)
• Former Insurance Defense Counsel

Learn more about Carlos D. Cabrera →

FAQ

No Fee Unless We Win

We work on a contingency fee basis:

• Free consultation — no cost to speak with us
• No upfront fees — we advance all case costs
• No attorney fees unless we recover for you

You will never receive a bill from us while your case is active.

Florida Advocates Office Locations

Dania Beach (Broward County) — Headquarters
45 E Sheridan Street Dania Beach, FL 33004

North Miami (Miami-Dade County)
13499 Biscayne Blvd #107 North Miami, FL 33181

Tampa (Hillsborough County)
238 E Davis Blvd #210 Tampa, FL 33606

Phone: 754-290-3803
Email: info@fladvocates.com
Hours: Monday – Friday: 9:00 AM – 5:00 PM
Available by phone 24/7 for emergencies

Contact a Florida Insurance Bad Faith Lawyer

If your insurance company has denied, delayed, or undervalued your claim, do not wait. Florida’s bad faith process has strict deadlines — the Civil Remedy Notice must be filed within the statute of limitations for your underlying claim, and the 60-day cure window starts the moment the notice is served. Evidence of bad faith conduct, including internal claim notes and adjuster communications, can disappear. Contact Florida Advocates today to protect your rights and hold your insurer accountable.

Call: 754-290-3803
Email: info@fladvocates.com

Call us for a free consultation. You pay nothing unless we recover for you. After all, isn’t that what family would do?

Related Practice Areas

• Car Accident Lawyer
• Insurance Claim Denials
• UM/UIM Coverage
• Personal Injury Lawyer