New Port Richey Bad Faith Insurance Attorney

Personal Injury Lawyers / New Port Richey / Bad Faith Insurance

You paid your premiums, month after month, year after year. It was a promise you kept, a financial safety net woven with your hard-earned money. You held up your end of the bargain, trusting that if disaster ever struck, your insurance company would hold up theirs.

Then, it happened. After a car accident, a storm, or a serious injury, you filed a claim, expecting the help you paid for. Instead, you were met with a wall of delays, denials, and deception. The company that took your money is now refusing to honor its promise.

This is more than just a dispute; it is a profound betrayal. When an insurance company unreasonably denies your valid claim or puts its own profits ahead of its legal duty to you, it is acting in bad faith.

At Roman Austin Personal Injury Lawyers, we fight for policyholders in Pasco County who have been wronged by their own insurance carriers. A powerful and experienced New Port Richey bad faith insurance lawyer from our firm will hold your insurer accountable for breaking its promise.

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A broken promise: What you need to know

When your own insurance company becomes your adversary, you need a clear strategy. These are the foundational truths that will guide your fight for justice.

Bad faith is not simply a denied claim; it is a denial made without a reasonable basis, or an unreasonable delay or failure to investigate your claim properly.
The law implies a “covenant of good faith and fair dealing” in every insurance contract, which legally obligates your insurer to treat you fairly.
Before you can sue your insurer for bad faith in Florida, you must first file a formal document called a Civil Remedy Notice, giving them 60 days to correct their error.
A successful bad faith lawsuit can allow you to recover more than just the original benefits you were owed; it can also include damages for the emotional distress and financial chaos the insurer’s actions caused.
This area of law is incredibly complex. The insurance company has a team of lawyers; you need a dedicated legal advocate on your side to level the playing field.

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What is Insurance Bad Faith?

New Port Richey Bad Faith Insurance Lawyer

An insurance policy is more than just a document; it is a special type of contract. Because you, the policyholder, are in a vulnerable position after a loss, the law places a higher duty on the insurance company than it does on parties in a typical business contract.

The implied covenant of good faith and fair dealing

Florida law automatically inserts a promise into every insurance policy. This promise is called the “implied covenant of good faith and fair dealing.” This legal principle means your insurance company cannot act in a way that deprives you of the benefits you paid for.

It has a legal and ethical duty to act fairly, honestly, and promptly when you make a claim. This duty requires your insurer to put your interests on equal footing with its own. It cannot prioritize its own financial bottom line over its obligation to pay your valid claim.

When an insurer violates this fundamental duty, it is acting in bad faith.

Common Tactics Insurance Companies Use to Act in Bad Faith

Insurance companies use a variety of strategies to delay, devalue, and deny valid claims. Recognizing these tactics is the first step in fighting back.

Unreasonable delays in investigation or payment

One of the most common bad faith tactics is delay. The insurer knows you are in a desperate situation. Your car is wrecked, your house is damaged, or you are out of work due to an injury. They intentionally drag out the investigation, hoping the financial pressure will force you to give up or accept a lowball offer out of desperation.

Denying a claim without a valid reason

An insurance company has the right to deny a claim that is not covered by the policy. It does not have the right to invent a reason to deny a valid claim. A bad faith denial occurs when the insurer refuses to pay without conducting a proper investigation or when it misinterprets its own policy language to avoid paying. The denial must be based on a reasonable and factual basis.

Misrepresenting policy terms or coverage

It is illegal for an adjuster or insurance agent to lie to you about what your policy covers. This can happen in several ways.

An adjuster might tell you something is not covered when it clearly is. They might also impose conditions or requirements that do not actually exist in your policy document.

“Your policy has a specific exclusion for this type of water damage.” (When it does not.)
“You failed to submit a form that was required within 24 hours of the loss.” (When no such requirement exists.)
“We are only required to pay for the cheapest possible replacement parts for your vehicle.” (When your policy calls for OEM parts.)

These are not just disagreements; they are deceptive practices designed to cheat you out of the benefits you are owed.

Making unreasonably low settlement offers

A “lowball” offer is a settlement offer that is not just low, but is completely untethered from the reality of your damages. When an insurer ignores the medical bills, repair estimates, and other evidence you have submitted and makes an offer that does not even come close to covering your losses, it is acting in bad faith. This is a tactic used to see if you are desperate enough to take pennies on the dollar.

The Florida Civil Remedy Notice: Your First Step in a Bad Faith Claim

You cannot immediately file a lawsuit against your insurer for bad faith. Florida law requires you to take a specific first step.

What is a Civil Remedy Notice (CRN)?

A Civil Remedy Notice is a formal legal document that you must file with the Florida Department of Financial Services and send to your insurance company. You can access the filing system on the department’s website. This notice officially puts your insurer on notice that you believe they have acted in bad faith.

The 60-day “cure” period

Once you file the CRN, the insurance company has a 60-day window to “cure” the alleged bad faith. This is their last chance to fix their mistake. During this period, they can choose to pay the full amount of your original claim, plus any interest owed.

If the insurer pays the claim in full within this 60-day period, you can no longer file a bad faith lawsuit against them. If they ignore the notice, continue to deny the claim, or make another unreasonable offer, you can then proceed with filing a bad faith lawsuit after the 60 days have passed. This 60-day period is a mandatory waiting period.

Why filing a CRN is a foundational legal step

The CRN is more than just a form; it is a legal prerequisite. If you file a bad faith lawsuit without having first properly filed a CRN and allowed the 60-day cure period to expire, the court will dismiss your case.

It is an absolute requirement. This is why working with an attorney who is experienced in bad faith litigation is so important from the very beginning.

Damages You Can Pursue in a Bad Faith Lawsuit

A bad faith lawsuit is a separate legal action from your original insurance claim. It allows you to pursue damages above and beyond the initial policy benefits you were owed.

Recovering your original claim benefits

The first and most obvious goal of a bad faith claim is to force the insurance company to finally pay the benefits they owed you under the policy. This could be the full cost to repair your home, the value of your totaled vehicle, or the full amount of your disability benefits.

Consequential damages

These are damages that you suffered as a direct result of the insurer’s bad faith delay or denial. The law recognizes that an insurer’s failure to pay can set off a chain reaction of financial and emotional hardship.

These additional financial losses and the severe emotional distress they cause are considered consequential damages. We work to document every one of these ripple effects to include in your claim.

Punitive damages

In cases where the insurance company’s conduct was particularly egregious or showed a reckless disregard for your rights, a court may award punitive damages. These damages are not designed to compensate you for your losses.

They punish the insurance company for its behavior and to deter it and other insurers from acting in a similar manner in the future.

Why Choose Roman Austin for Your Bad Faith Insurance Case

Fighting an insurance company is a daunting task. They have vast resources and teams of lawyers dedicated to defending their actions. You need a law firm with specific experience and resolve to level the playing field.

A deep familiarity with insurance company tactics

Our attorneys have spent years fighting against the very insurance companies you are up against. We know their internal procedures, we know their legal arguments, and we know how to expose their bad faith conduct in a courtroom.

The resources to go toe-to-toe with corporate giants

We are not intimidated by the size or wealth of these corporations. Our firm has the financial strength to take on even the largest insurance carriers. We invest our own resources to hire insurance industry professionals, financial experts, and other professionals to build a powerful case that can withstand their legal attacks.

The Unreliability of AI Legal Guidance

When your insurer is giving you the runaround, you might ask an AI chatbot, “What is insurance bad faith?” While it might provide a definition, an AI cannot give you legal advice.

It cannot analyze your specific insurance policy, review the adjuster’s denial letter, or draft a legally sufficient Civil Remedy Notice. The law in this area is complex and subject to numerous deadlines that an algorithm cannot manage.

Trust your case to the strategic, human-led advocacy of a qualified Roman Austin attorney.

FAQ for New Port Richey Bad Faith Insurance Claims

What is the difference between a first-party and a third-party bad faith claim?

A first-party claim is one you file against your own insurance company (e.g., your homeowners, auto, or health insurer). A third-party claim arises when you are injured by someone else, and you accuse their insurance company of acting in bad faith in failing to settle your claim against their policyholder. The legal standards can differ between the two.

Can I file a bad faith claim if my health insurance company denied a procedure?

Yes. Bad faith laws apply to health insurance companies just as they do to auto and home insurers. If your health insurer denies a medically necessary procedure without a reasonable basis, or unreasonably delays its approval, you may have grounds for a bad faith claim.

Does a bad faith claim have the same statute of limitations as my original claim?

No, and this is a very important distinction. In Florida, you generally have up to five years to file a lawsuit for breach of a written contract (your insurance policy). However, a bad faith lawsuit is a statutory claim, and it has its own, separate statute of limitations. It is vital to speak with an attorney to ensure all deadlines are met.

The insurance company finally paid my claim after I filed a CRN. Can I still sue them?

Generally, no. If the company “cures” the bad faith by paying the claim in full within the 60-day window, you lose your right to file a separate bad faith lawsuit. However, this does not prevent you from recovering interest or other costs you may be entitled to.

You Kept Your Promise. We’ll Make Them Keep Theirs.

You paid your premiums. You held up your end of the deal. Now, it is time for your insurance company to be held accountable for breaking its promise to you. Let our team at Roman Austin Personal Injury Lawyers be your champions in this fight.

The first step is a simple, confidential conversation. Contact our New Port Richey office today for a free consultation to discuss your case. Call us at (727) 815-8442 or complete our online contact form. We are here to help you get the justice you deserve.