INSURANCE BAD FAITH DEMAND LETTER – FLORIDA
To: [Insurance Company Name, Claims Department Address]
From: [Insured/Claimant Name, via Counsel if applicable]
Date: [DATE]
Claim Number: [CLAIM NUMBER]
Policy Number: [POLICY NUMBER]
Insured: [INSURED NAME]
Date of Loss: [DATE OF LOSS]
Type of Coverage: [Coverage Type]
1. INTRODUCTION AND PURPOSE
This letter constitutes a formal demand to [INSURANCE COMPANY] ("Insurer") for immediate payment of all benefits owed. If Insurer fails to pay, a Civil Remedy Notice under Fla. Stat. § 624.155 will be filed.
2. FACTUAL BACKGROUND
- Date of Loss: [DATE] — [describe loss]
- Timely Notice: Provided on [DATE]
- Cooperation: Full cooperation provided
- Coverage: Covered loss with limits of [$LIMITS]
3. CLAIM HISTORY AND INSURER'S CONDUCT
- [DATE]: Claim submitted
- [DATE]: [Describe delays, denials, or misconduct]
- Current status: [Unpaid / Underpaid / Denied]
4. LEGAL BASIS – FLORIDA BAD FAITH
Statutory Bad Faith (Fla. Stat. § 624.155)
Florida law provides a civil remedy for bad faith. A claimant must:
1. File a Civil Remedy Notice (CRN) with the Department of Financial Services;
2. Give the insurer 60 days to cure; then
3. File suit if not cured.
Unfair Claims Practices (Fla. Stat. § 626.9541)
Insurers are prohibited from:
- Failing to adopt reasonable standards for investigation;
- Misrepresenting policy provisions;
- Failing to promptly settle claims when liability is clear;
- Compelling litigation through lowball offers.
NOTE: 2023 legislative reforms (SB 2A) may affect available remedies. Consult current law.
5. DAMAGES
Insured demands:
- Policy benefits: [$AMOUNT]
If CRN filed and not cured:
- Consequential damages
- Attorney's fees under Fla. Stat. § 624.155
- Interest and costs
6. DEMAND AND DEADLINE
Deadline: [DATE – 30 days]
If not resolved, a Civil Remedy Notice will be filed with the Florida Department of Financial Services.
7. PRESERVATION NOTICE
Preserve all claim file documents and communications.
8. ATTACHMENTS
- Exhibit A: Policy declarations
- Exhibit B: Loss documentation
- Exhibit C: Correspondence history
Signed:
[Name / Attorney]
[Contact Information]