Templates Insurance Law Florida Insurance Bad Faith Demand Letter
Florida Insurance Bad Faith Demand Letter
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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]

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