Insurance Delay Tactics in Florida Bad Faith Claims

When you file an insurance claim after a serious loss, you expect your insurer to act promptly and in good faith. Instead, many Florida policyholders find themselves trapped in a cycle of delays, unanswered calls, and requests for documents they have already submitted. These are not administrative inconveniences — they are deliberate tactics, and Florida law gives you the right to fight back.

Understanding how insurers delay claims — and what legal remedies exist — is essential for anyone dealing with a difficult claims process in Orlando or anywhere else in Florida.

Why Insurance Companies Deliberately Delay Claims

Insurance companies are for-profit businesses. Every dollar they pay out in claims reduces their bottom line. Delay is one of the most effective tools insurers use to pressure policyholders into accepting lowball settlements or abandoning valid claims entirely.

The financial logic is straightforward: the longer a claim remains unresolved, the more likely a desperate or frustrated policyholder is to accept whatever the insurer offers. This is especially true after catastrophic events like hurricanes, fires, or serious automobile accidents, when families face mounting expenses and cannot afford to wait.

Common motivations behind insurer delays include:

• Reducing the total payout by exploiting the policyholder's financial vulnerability
• Wearing down claimants who lack legal representation
• Creating documentation gaps that can be used to later deny the claim
• Avoiding bad faith liability by technically staying within statutory deadlines

Common Delay Tactics Used by Florida Insurers

Experienced attorneys who handle bad faith insurance cases in Orlando see the same patterns repeated across different carriers and claim types. Recognizing these tactics is the first step toward countering them.

Repeated requests for documentation. An insurer may acknowledge your claim, then send a series of requests for documents — some of which you have already provided. Each request resets an informal clock and gives the company grounds to claim the investigation is still "ongoing." Under Florida law, this pattern can constitute bad faith when it is used to unreasonably delay resolution.

Assigning multiple adjusters. Each time your claim is transferred to a new adjuster, you must re-explain your situation, resubmit documents, and wait for the new handler to get "up to speed." This manufactured confusion is not accidental.

Disputing causation without basis. Insurers will sometimes claim that your loss was caused by an excluded event — for example, asserting that hurricane damage was caused by pre-existing wear and tear — without conducting a proper investigation. This pretextual denial forces you to appeal or litigate, extending the process by months or years.

Lowball offers with time pressure. Some carriers make an early, inadequate offer and suggest it will expire soon. The goal is to create urgency that overrides your judgment. Accepting such an offer typically releases the insurer from all future liability, even if damages later prove far greater than anticipated.

Failure to communicate. Florida Statute §627.70131 requires property insurers to acknowledge a claim within 14 days and make a coverage decision within 90 days. Ignoring calls, missing deadlines, and providing vague written responses all signal bad faith conduct.

Florida's Bad Faith Insurance Law

Florida has some of the strongest bad faith insurance statutes in the country. Under Florida Statute §624.155, a policyholder can bring a civil action against an insurer for failing to settle claims in good faith when, under all the circumstances, it could and should have done so.

Before filing a bad faith lawsuit, Florida law requires you to submit a Civil Remedy Notice (CRN) to the Florida Department of Financial Services and to the insurer. This notice identifies the specific statutory violations and gives the insurer 60 days to cure the violation by paying the full amount owed. If the insurer fails to cure within that window, you may proceed with a bad faith lawsuit.

A successful bad faith claim in Florida can result in recovery of:

• The full policy benefits wrongfully withheld
• Consequential damages caused by the delay
• Attorney's fees and court costs
• In some cases, extracontractual damages beyond the policy limits

Florida's first-party bad faith framework also applies to automobile insurance Personal Injury Protection (PIP) claims, uninsured motorist coverage, and homeowner's property claims — areas where delay tactics are especially common in the Orlando area.

Steps to Protect Your Rights During a Delayed Claim

If your insurer is dragging its feet, the actions you take during the delay period can significantly affect your ability to pursue a bad faith claim later. Do not assume that patience will be rewarded.

Document every interaction. Keep a log of every phone call, email, and letter — including the date, the name of the person you spoke with, and what was said. Written confirmation requests following phone conversations create a paper trail the insurer cannot easily dispute.

Respond promptly and in writing. When your insurer requests documents or information, respond quickly and keep copies of everything you send. This prevents the insurer from claiming the delay is your fault.

Track statutory deadlines. Under Florida law, insurers must acknowledge claims within 14 days, begin an investigation promptly, and either pay or deny covered claims within 90 days of receiving proof of loss. Missed deadlines are evidence of bad faith.

Do not accept a partial payment as final. Florida Statute §627.7011 allows insurers to make partial payments, but accepting one does not waive your right to pursue the full amount owed — provided you do not sign a release.

Consult an attorney before accepting any offer. Once you sign a release and accept payment, recovering additional compensation becomes extremely difficult. An attorney can assess whether the offer reflects the true value of your claim before you make a decision you cannot reverse.

When to Consider a Bad Faith Claim in Orlando

Not every slow claims process rises to the level of bad faith. Florida courts look at the totality of the insurer's conduct — including whether it conducted a reasonable investigation, communicated transparently, and made timely decisions based on the facts available.

Bad faith is more likely to be found when an insurer ignores clear evidence of a covered loss, misrepresents policy terms, or uses delay as a negotiating weapon rather than as a legitimate part of the investigation process. Orlando policyholders dealing with hurricane damage, auto accidents, or business interruption losses frequently encounter this type of conduct.

If your claim has been pending for months without a clear explanation, if you have received contradictory information from different adjusters, or if you were pressured to accept an offer that does not come close to covering your actual losses, these are warning signs that deserve legal attention.

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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