Insurance Bad Faith

Insurance bad faith is a tort claim that an insured person may have against an insurance company for its bad acts. Insurers are subject to an implied duty of good faith and fair dealing in their handling of claims made by their insureds. If an insurance company violates that covenant, the insured person may sue the company on a tort claim in addition to a standard breach of contract claim. The end result is that a plaintiff in an insurance bad faith case may be able to recover an amount larger than the original face value of the policy.

There are two (2) types of bad faith claims:

  1. First Party Bad Faith Claims: this is a claim brought by the insured against the insurer alleges that the insurer failed to pay or properly investigate the insured’s claim, that the insurer did not deal fairly in settling the insured’s claim, or that the insurer failed to settle with an injured third party.
  2. Third Party Bad Faith Claims: this claim arises out of claims made against the insured upon obtaining a judgment in excess of the policy limits.

Insurance bad faith cases are complex. In order to preserve a potential bad faith case, it is recommneded that you act quickly if you think the insurance company has not handled your insurance claim fairly.

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REPRESENTED CASES

Slip and Fall Accident and Wrongful Death
A twenty-six week pregnant mother tripped on a display board left on the floor by the store employee. The trauma associated with the fall caused the subsequent onset of labor wherein the child was born but later died as a result of premature complications. This case was referred to Guzman Law Group wherein a complaint was filed against the store. This case is currently pending.

Car Accident and Wrongful Death
Client was driving southbound on highway when at the same time Defendant, a federal government employee drove northbound in the opposite direction wherein the client was killed in a head on collision. This case was referred to Guzman Law Group wherein it is still currently pending.

Sexual Molestation
Client, minor child, was sexually molested while visiting Defendant’s home with family. The homeowners insurance denied coverage based on the exclusionary clause contained in the policy. The case was referred to Guzman Law Group wherein it obtained the insurance policy limits.

Electrocution
Client was electrocuted while fixing cables on the neighbor’s roof. The homeowners insurance denied coverage based on the exclusionary language contained in the policy. The case was referred to Guzman Law Group wherein it obtained insurance policy limits.

Defective Knee Implant
Client underwent knee replacement surgery wherein the hardware was later deemed defective and thereby nationally recalled. Client had to undergo a second knee replacement surgery. Guzman Law Group entered into an undisclosed resolution with the national manufacturer. This case was referred to Guzman Law Group.  

Negligent Supervision
Client, six-year-old minor child, was dropped off at school and not supervised while walking to classroom. The minor child ran off school campus when the exit door leading to a busy street was left unattended by school officials. The child was struck by a car and suffered severe head trauma, spinal cord injuries, and was in a coma for over a month.  School board officials denied liability. The case was referred to Guzman Law Group wherein the case was resolved several years later for an undisclosed amount.

Cuban Torture Victim
Client was the victim of repeated sessions of electrocution and insulin torture while a prisoner in Cuba. Client received torture sessions under the supervision and direct orders of Fidel Castro.  This case was referred to Guzman Law Group by another law firm.  

Dog Bite Accident
Client, three-year-old minor child, was bitten in the face while visiting Defendant’s home and thereby suffered severe facial injuries requiring stitches on both sides of the cheek. This case was referred to Guzman Law Group and resolved for an undisclosed amount.   

Workers’ Compensation
Client was hit in the back by a metal sheet while working the assembly line at his company. Client suffered a two level disc protrusion in the lumbar spine impinging upon the spinal cord. Defendant Employer did not want to provide Client certain benefits recognized under the Florida Workers’ Compensation Act. The matter was resolved after the petition for benefits was filed. This case was referred to Guzman Law Group.

Misappropriation of Business Funds
Client, Church Board, provided newly arrived Pastor with access to all of the Church’s business accounts.  Pastor misappropriated the funds the Church had allocated for the deposit it needed for its new construction. The case was referred to Guzman Law Group by another law firm. Guzman Law Group obtained all the money that had been taken by the Pastor thereby allowing the Church to build its new building. 

Unlicensed Construction Claim
Client, commercial developer, contacted Guzman Law Group after being referred by another attorney in order to represent them in an administrative hearing wherein it was alleged that they had been inappropriately paid over several million dollars for construction work they had performed by using several unlicensed agents.  Guzman Law Group attended the hearing wherein the administrative board found Client not in violation and not required to surrender its license for two years as requested by the moving party.