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Claim denial and suing your insurance company

On Behalf of | Apr 11, 2024 | Insurance Law and Litigation

Life is often filled with unpredicted events or situations completely out of our control. As such, many individuals in Florida and elsewhere take the time to establish an insurance policy that meets their needs when it comes to protecting their property.

Whether it is your home, vehicle, boat or other personal property, you get a sense of security with an insurance policy. Unfortunately, when it comes to using your insurance policy in the event of damage or destruction, you may not receive the response to your claim you expected.

Denied claim

A denied insurance claim can feel discouraging and defeating; however, it is important to note that you have rights and options. If you believe that this decision was made in bad faith and the insurance company failed to meet its legal obligations under the terms of your insurance policy, you have the right to sue your insurance company.


When suing an insurance company following a claim filing, this is often due to a violation on the insurance company’s part. Common violations include a wrongful claim denial, the process being incomplete or timely, delinquent payment to the claimant, inadequate payment in relation to the coverage and policy or the failure to pay a valid claim.

With regards to a denial, insurance companies use a host of reasons to deny a claim. While some are legitimate, others are not. Often, they will cite lack of coverage, an application error, errors made in the claim, insurance fraud or a bad faith claim when denying a claim. While the insurance company is providing a reason, it may not be a clear or legitimate reason but rather a guise to avoid paying the claim.

The insurance industry is regulated; thus, they must follow the rules and regulations set by the state. If you believe that an insurance company has violated these regulations and made a bad faith denial of your claim, you have the right to pursue a legal action if a resolution cannot be reached.