Understanding the Duty to Investigate Insurance Claims in Florida
Florida insurance companies have a legal obligation to investigate all homeowner insurance claims promptly, thoroughly, and fairly. This duty is outlined under Florida Statute § 624.155, which governs unfair claims settlement practices.
When insurers neglect to investigate or conduct a biased or incomplete review, they breach their responsibility and expose themselves to bad faith litigation. Failure to investigate isn’t only unethical, but it can also cause financial and emotional harm to policyholders who are left without support after experiencing storm damage, fire, water intrusion, or mold.
Common Signs of Failure to Investigate a Property Insurance Claim
Homeowners should watch for red flags that indicate improper handling of their claims:
- No adjuster visits even weeks after filing
- Repeated requests for the same documents
- Unreasonable delays with no explanation
- Lack of communication or unanswered calls and emails
- Denying coverage without inspecting the damage
If you notice any of these signs, your insurer may have failed to conduct a proper investigation.
Florida Law and the Investigation Timeline
Florida law states that insurance companies must:
- Acknowledge your claim within 14 days
- Begin an investigation within a reasonable time
- Decide on your claim within 90 days
Failing to meet these deadlines without a valid reason may result in legal consequences. You have the right to demand action when an insurer fails to follow the law.
How to Prove an Insurance Company Failed to Investigate
Florida homeowners should gather strong documentation to demonstrate an insurer’s failure to assess their claim correctly.
This can include:
- Correspondence logs showing ignored emails or unreturned calls
- Proof of submitted evidence, like repair bills or inspection reports
- Timeline of delays from claim filing to denial
- Expert witness statements contradicting the insurer’s findings
- Sworn affidavits from contractors or public adjusters
An expert Florida insurance claim attorney can help compile and present this evidence to establish a pattern of bad faith conduct.
What Should You Do If Your Insurer Isn’t Investigating Your Claim?
- Document Everything: Keep all emails, letters, and text messages.
- Follow Up in Writing: Request status updates via certified mail.
- Contact a Florida Insurance Lawyer: If delays continue or the insurer denies the claim, legal counsel can help you pursue compensation and hold the insurer accountable.
Why Do Inadequate Investigations Happen?
Inadequate investigations can occur for several reasons:
- Cost-Cutting Measures: Insurance companies may seek to minimize costs by conducting minimal investigations and offering lower settlements.
- Inexperienced or Overworked Adjusters: Insurers may employ adjusters who are inexperienced or handling too many claims, leading to rushed or incomplete investigations.
- Intentional Bad Faith: In some cases, insurers may act in bad faith, intentionally underestimating damages or denying claims without proper justification.
- Complexity of Claims: Some claims, particularly those involving multiple types of damage or complex policies, can be challenging to assess accurately, which may lead to errors or omissions.
Legal Protections for Florida Homeowners
Florida Statute § 624.155 – Civil Remedy for Bad Faith
Under this law, Florida policyholders may file a bad faith claim if the insurer fails to:
“…attempt in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.”
Failure to investigate is a core violation of this principle. Before suing for bad faith, homeowners must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services, giving the insurer 60 days to correct its actions.
Why Hire a Florida Homeowners Insurance Claim Lawyer?
At Williams Law, P.A., we have over 30 years of experience standing up to insurance companies who try to delay, deny, or underpay valid home insurance claims.
We help homeowners across Florida take action when insurers:
- Failure to investigate or respond
- Disregard evidence
- Offer unfair settlements
- Act in bad faith
We’ll fight to get you the full compensation you’re entitled to under your policy—and the law.
Protecting Your Rights in Florida
Failure to properly investigate a home insurance claim can be frustrating and have serious financial and emotional consequences. As a policyholder, you have the right to a fair and thorough investigation of your claim. By understanding the signs of inadequate investigation and knowing your legal rights, you can take the necessary steps to ensure your claim is handled correctly. Don’t hesitate to call us at 1-800-451-6786 or fill out our online contact form.