Insurance Delay Tactics in Fort Lauderdale, FL

Florida law imposes a duty of good faith on insurance companies, requiring them to handle claims promptly, fairly, and honestly. Despite this legal obligation, insurers routinely deploy delay tactics designed to frustrate policyholders, reduce payouts, and pressure claimants into accepting inadequate settlements. If your insurer has been dragging its feet on your claim in Fort Lauderdale or anywhere in Broward County, understanding these tactics — and your rights under Florida law — is essential to protecting your recovery.

Common Delay Tactics Florida Insurers Use

Insurance companies are sophisticated businesses with experienced claims departments. Their strategies for slowing or devaluing claims are often subtle, but experienced attorneys recognize them immediately.

• Repeated requests for duplicate documents: Adjusters request the same medical records, repair estimates, or policy documents multiple times, forcing you to re-submit materials already in the file.
• Unnecessary independent medical examinations (IMEs): Insurers schedule back-to-back IMEs with physicians known to minimize injuries, adding weeks or months to the process.
• Assigning new adjusters mid-claim: Each new adjuster restarts the review process, claiming they need time to "get up to speed" on your file.
• Vague or shifting coverage denials: The insurer denies your claim on one ground, then raises new objections after you address the first — a moving-goalposts strategy designed to exhaust you.
• Lowball settlement offers followed by silence: An insurer makes an unreasonably low offer and then stops communicating, hoping financial pressure forces you to accept.
• Pretextual investigations: Launching fraud investigations without credible basis, using the investigation as cover to delay payment indefinitely.

Florida's Statutory Deadlines for Insurance Claims

Florida Statute § 627.70131 establishes specific timelines that property insurers must follow. Within 14 days of receiving a claim, the insurer must acknowledge receipt. Within 30 days, the insurer must begin an investigation. Once proof of loss is submitted, the insurer has 90 days to pay or deny the claim.

For personal injury protection (PIP) claims, Florida Statute § 627.736 imposes a 30-day payment deadline. Violation of these deadlines is not merely a technical breach — it can serve as evidence of bad faith and expose the insurer to significant damages beyond the original policy limits.

Fort Lauderdale policyholders should document every communication with their insurer, noting dates, the names of adjusters spoken with, and the content of each conversation. This paper trail becomes critical evidence if litigation becomes necessary.

What Constitutes Bad Faith Insurance Conduct in Florida

Florida recognizes two separate bad faith causes of action. First-party bad faith arises when your own insurer unreasonably denies or delays your claim — the most common scenario in homeowner, auto, or disability insurance disputes. Third-party bad faith applies when a liability insurer fails to settle a claim against its insured within policy limits, exposing the insured to an excess judgment.

Under Florida Statute § 624.155, a policyholder must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services before suing for bad faith. The insurer then has 60 days to cure the alleged violation by paying the claim or correcting its conduct. Failure to cure within that window opens the door to a bad faith lawsuit where damages can include the full value of the original claim, consequential damages, attorney's fees, and in egregious cases, punitive damages.

Florida courts have found bad faith when insurers: failed to conduct a timely investigation, refused to pay undisputed portions of a claim, misrepresented policy provisions, or failed to communicate settlement decisions promptly. The standard is whether the insurer acted as a reasonably prudent insurer — courts look at the totality of the insurer's conduct, not isolated acts.

How Delay Tactics Harm Fort Lauderdale Policyholders

The harm from delay extends well beyond inconvenience. Homeowners with unresolved property damage claims face mounting repair costs as water intrusion spreads mold, structural damage worsens, and contractors raise prices. Accident victims waiting on insurance payments may be unable to afford necessary medical treatment, worsening their injuries and long-term prognosis.

Financially, delays force many policyholders to accept inadequate settlements simply to pay bills. This is precisely the outcome insurers seek. A claimant who has waited eight months for payment on a $150,000 roof claim, faces foreclosure, and cannot continue without funds is far more likely to accept $70,000 than one who secured early legal representation and filed a CRN at the first sign of bad faith.

Broward County's housing stock — much of it older and exposed to hurricane-season wind and water damage — makes property insurance disputes particularly common and financially consequential. Fort Lauderdale residents are among the most frequently targeted by delay-driven claims handling in the state.

Steps to Take If Your Insurer Is Delaying Your Claim

Acting decisively at the first sign of unreasonable delay is the most effective way to protect your rights and maximize your recovery.

• Document everything in writing: Follow up every phone call with an email summarizing what was said. Request all communications from the insurer in writing.
• Track statutory deadlines: Note when you submitted your claim and any proof of loss, and calculate when Florida's mandatory response periods expire.
• Obtain your own independent estimate: Do not rely solely on the insurer's adjuster. Hire a licensed public adjuster or contractor to provide an objective damage assessment.
• Consult an attorney before accepting any settlement: Once you sign a release, recovering additional compensation becomes extremely difficult or impossible.
• Consider filing a Civil Remedy Notice: An attorney can help you draft and file a CRN with the Florida DFS, triggering the 60-day cure period and preserving your bad faith claim.
• File a complaint with the Florida Department of Financial Services: Regulatory pressure can sometimes accelerate insurer response and creates an additional record of misconduct.

Florida's bad faith statute contains a fee-shifting provision — if you prevail in a bad faith action, the insurer must pay your attorney's fees. This means securing legal representation is often possible without large upfront costs, even for policyholders who have already been financially battered by their insurer's delay tactics.

Time is not your ally in these disputes. Florida's statute of limitations for bad faith claims is five years from the date of the insurer's bad faith conduct, but gathering evidence, satisfying the CRN prerequisite, and building a strong case takes time. The sooner you act, the stronger your position.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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