The greater the complexity of the loss, the more frequent collaboration and sharing of resources is essential.  Lawyers who seek expertise in cases that compel punitive damages stemming from property insurance disputes should not hesitate to contact us at 813-258-4998.  Our seasoned, skillful insurance lawyers will show you why you need a trial lawyer who can successfully litigate these unique claims.  

A lot of firms can’t produce the same type of quality results when it comes to securing the permission required by the courts to sue insurers for punitive damages when they engage in bad faith practices.  As a result, these firms outsource or co-source the niche work related to litigating bad faith insurance disputes.  It is the best of both worlds.  Our goal is to provide seamless and efficient legal support services so other law firms can focus on their core legal activities.

Trials are fundamental to the administration of justice.  But not every lawyer is a trial lawyer, and not every trial lawyer has experience litigating bad faith cases or getting permission from the courts to sue insurers for lucrative punitive damages.  Repetitive conduct of forcing insureds into discounting or delaying claims by insureds can be challenging to collect and understand.  Examining the conduct of an insurer in multiple jurisdictions over years or even decades requires a strategy.  Many times, a case justifies hiring a data analyst who can gain access to behind-the-scenes activity by an insurer in the public record or through appropriately targeted Freedom of Information Act (“FOIA”) requests.  Only then can you demonstrate the necessary foundation to permit the court to allow you to seek punitive damages against an insurer, under Section 624.155, Florida Statutes, better known as the Florida’s Bad Faith Statute.

This synergistic model allows attorneys to outsource their work to external vendors like us who have subject matter expertise in a particular area of law.  It has become a popular concept for lawyers who are constantly trying to minimize their operating cost and maximize outside counsel’s competencies, putting their track record of success to the best use. 

Think of outsourcing as co-sourcing your legal services.  It is a collaborative process to increase profitability and maximize compensation and damages for the client. When other law firms hire us, they get more experience, better service, better quality, and their bad faith and punitive damage case’s value increases exponentially.  

With more than $500 million achieved in case results, Corless Barfield Trial Group can walk you through successes involving bad faith claims, insurance disputes, and punitive damages.  Turn to a trial lawyer who has the experience investigating and litigating these types of cases.  If you’re ready to speak to a member of our team, we encourage you to call us at 813-258-4998.  We look forward to assisting you. 

Trials are fundamental to the administration of justice.  On January 20, 2022, our client Mrs. Bingham will have her day in court as our law firm pursues full and fair compensation stemming from sinkhole damage while seeking punitive damages against her insurer, Tower Hill Preferred Insurance Company (hereinafter “Tower Hill”).  

For details about this watershed case, we encourage you to read our newsletter and blog.  After perusing these materials, if you have experienced a similar treatment by your insurer, please contact us at 813-258-4998.  We continue to collect evidence in Mrs. Bingham’s case and would be grateful to hear from you.  

Statutory Authority 

Florida law provides a civil remedy for insureds when their insurance companies engage in bad faith.  Under Florida Statute § 624.155, a person may bring a civil action against an insurer when such person is damaged by the insurer’s violation of statutory provisions, all designed to level the playing field between well-funded insurers and their insureds. 

If an insurance company doesn’t play by the rules, it can be ordered to pay substantial punitive damages as punishment.  Florida Statute § 624.155(5) states punitive damages can be awarded where the violations are so frequent as to indicate a “general business practice.”  When an insurance company intentionally denies or does not cover a valid residential insurance claim, the insurer may have breached its contract by not acting in good faith and fair dealing.  When insurance companies fail to uphold their duties to insureds, those customers have a right to file a claim based on breach of contract.  After the breach of the policy is established, the insured may then pursue punitive damages.

The Court examined the proffer of evidence made by our firm on behalf of Mrs. Bingham, pursuant to Section 768.72, Florida Statutes.  While the Court’s findings are procedural in nature, the Court’s Order established we have met the threshold of proof to now be able to present evidence seeking punitive damages.  A trial is set for January 20, 2022.  Ultimately, whether punitive damages are appropriate will be decided by a jury.

“Punitive damages are intended to express society’s collective outrage for the insurer’s misconduct and deter similar egregious behavior in the future by punishing the defendant,” notes Ted Corless.  “In this case, the Court granted Mrs. Bingham the required permission to seek punitive damages against Tower Hill.  We can show Tower Hill treated 50 additional insureds in the same manner as Mrs. Bingham.”    

Money Talks

Punitive damages may be significantly more than out-of-pocket expenses or the principal as they are paid in excess of the insurance claim and are based upon the financial strength of the insurer.

When dealing with your insurance company, keep an eye out for bad faith practices and document any actions or inactions made by your insurer and its representatives, so that they may be held responsible for their actions later on.

The underpinnings of a bad faith case with teeth usually include actions by the insurance company that demonstrate they are acting in the best interests of their own pocketbook, and not in the best interests of its insureds. 

Justice for Mrs. Bingham 

In an active case styled Bingham v. Tower Hill Preferred Insurance Company, in Pasco County, Florida, our firm has a pending bad faith case with punitive damages against Tower Hill.  

As more fully described in the Complaint, our client accuses Tower Hill of engaging in a general business practice to leverage a class of insureds, and not just one family.  With regard to the sinkhole damage claim in Bingham, our firm’s investigation revealed a general business practice of prohibited and unlawful conduct in more than 50 other sinkhole claims.  If believed by a jury, this information would prove the insurer’s conduct was more than just a single act by a rogue claims adjuster. 

Tower Hill disputes these accusations, as is described in their Answer.  Tower Hill alleges their conduct was within the standard of care it owed to its insureds.  It also claims much of the evidence means something else, and not what is alleged in Mrs. Bingham’s Complaint. 

We have asserted that Tower Hill’s conduct was not an anomaly in Mrs. Bingham’s case but instead a consistent bad faith handling of sinkhole damage claims that was a “general business practice.”  If the jury believes both the theory described and the evidence supporting it,  the door may swing open for a verdict worth millions.  Conversely, the jury could reject her theories, and instead find for Tower Hill.

We never want another insured to experience the type of egregious, unlawful, and prohibited behavior we believe Tower Hill engaged in against Mrs. Bingham.  To find out if you or your current lawyer can pursue punitive damages for an insurance claim, call our experienced Florida insurance claim attorneys at 813-258-4998.

About Corless Barfield Trial Group

Our law firm has helped hundreds of insureds recover more than $500 million in compensation for insurance losses.  The greater the complexity of the case, the more frequent collaboration and sharing of resources is required.  We are retained by other law firms that seek expertise in cases that compel punitive damages.  Call 813-258-4998 for a free consultation.  

Repealing PIP, a state study found, could save Floridians $81 per car per year, nearly $1 billion collectively. Lawmakers for years have debated whether to get rid of the PIP system, which requires motorists to carry $10,000 in PIP coverage to help pay medical bills after accidents.

Floridians pay the nation’s third-highest car insurance rates despite state roads being relatively straight, flat, and snow/ice-free. 

PIP repeal bills are working through committees, with sponsors citing tweaks that make them more appealing to insurers, physicians, and hospitals that have vigorously opposed past reform attempts.

The proposal, at least for now, appears stalled in the Senate over a proposed amendment designed to restrict “bad faith” lawsuits, which involve allegations that insurers have not properly looked out for the interests of their customers (policyholders).  

Unfortunately, insurers regularly engage in bad faith behavior and practices.  Accident victims and policyholders must have a mechanism to hold bad faith insurers accountable. 

The law states that your insurance company must treat you fairly and honestly when evaluating the validity of your claim, and settle claims against you if it can do so within the coverage limit.  

If you are currently facing problems with your insurance company, you should get in touch with the insurance claim attorneys at Corless Barfield Trial Group.  Insurers look to delay, deny or underpay valid personal injury and property damage claims all the time. We will help you fight back against an insurer’s illegal tactics.  Please call our office at 813-258-4998 for a free and confidential case evaluation. 

Insurance companies are expected to act in “good faith” when resolving, examining, and settling claims made against their policyholders. Yet in many situations, insurance companies act in defiance of the law, which is why you need an attorney representing your rights. 

What type of activity illustrates bad faith? The following actions on the part of your insurance company may serve as the basis for prohibited bad faith conduct:

• fails to pay or settle a claim within policy limits without a reasonable basis; 
• fails to properly and promptly investigate or defend a claim; 
• fails to provide justification for denying a claim; 
• offers inconsistent or baseless interpretations of the policy; 
• uses deceptive practices or intentional misrepresentations to avoid paying claims; 
• terminates a claim that should have been paid; or 
• fails to offer the full value of a claim’s worth, or giving an unreasonably low offer to compensate damages.

It should come as no surprise that insurers have sought for years to put more restrictions on bad faith lawsuits and have attempted to tie it to no-fault auto insurance, as they are doing here when it comes to repealing PIP coverage. 

Corless Barfield Trial Group has secured record-setting judgments against insurance companies that refused to protect their insureds by properly evaluating the claims against them.  Our attorneys have successfully tried countless bad faith claims. Our goal as personal injury and property damage lawyers is to ensure the insurance company does not wrongfully deny your claim for full and just compensation. For your no-obligation, case consultation, call Corless Barfield at 813-258-4998.