Understanding the Duty to Investigate Insurance Claims in Florida
Insurance companies in Florida 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 just unethical—it can cause financial and emotional harm to policyholders left without support after storm damage, fire, water intrusion, or mold.
Common Examples of Failure to Investigate a Home Insurance Claim
1. Ignoring Critical Evidence
An insurer may ignore or refuse to review photos, videos, repair estimates, or expert opinions provided by the policyholder.
2. Delayed Inspections or No Inspections
Florida law requires insurers to begin claim investigations within 14 days of receiving notice. Some insurers delay inspections indefinitely or never schedule one at all.
3. Relying Solely on Unqualified Adjusters
When insurers rely on untrained or biased field adjusters, they may overlook or undervalue the extent of damage, especially for hidden issues like roof leaks or structural deterioration.
4. Denying Without Explanation
An abrupt denial of coverage without any factual basis or explanation of the claim review process is a telltale sign of a failed investigation.
5. Refusing to Engage with the Policyholder
If the insurer fails to communicate, return calls, or respond to written inquiries, it may be attempting to delay or derail a valid claim.
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
A seasoned 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.