Insurance companies are not above the law. When an insurer wrongfully denies your claim, underpays you, or handles your claim in bad faith, you have the right to sue them in Florida court.

Here is what you need to know about suing an insurance company in Florida.

You can sue an insurance company in Florida for:

If the insurer fails to pay a valid claim covered by your policy, you can sue for breach of contract. The insurer entered into a contract with you (the policy) and failed to honor its obligations.

What you can recover: The policy benefits owed, plus interest.

If the insurer handled your claim unreasonably — denying it without a valid basis, delaying payment, offering an inadequate settlement, or misrepresenting your coverage — you can sue for bad faith under Florida Statutes § 624.155.

What you can recover: Policy benefits, consequential damages, attorney's fees, and potentially punitive damages.

If the insurer made false statements about your policy or your claim, you may have a fraud claim.

Before filing suit, gather all evidence of the insurer's wrongful conduct:

• Your insurance policy
• All correspondence with the insurer (letters, emails, notes of phone calls)
• The denial letter with the stated reasons
• Your claim documentation (medical records, bills, police reports, photographs)
• Any settlement offers made by the insurer

Insurance litigation is complex. An attorney can evaluate your case, identify the strongest legal theories, and advise you on the best strategy.

If you are pursuing a bad faith claim, you must file a Civil Remedy Notice (CRN) with the Florida Department of Financial Services before filing suit. The insurer then has 60 days to cure the bad faith conduct.

This step is mandatory for first-party bad faith claims. Skipping it will bar your lawsuit.

Your attorney will file a complaint in the appropriate Florida court. The complaint will:

• Identify the parties
• Describe the insurance policy and the claim
• Allege the specific wrongful conduct
• State the legal theories (breach of contract, bad faith, etc.)
• Demand specific damages

Both sides exchange information through discovery — written questions (interrogatories), document requests, and depositions. In insurance cases, obtaining the insurer's claim file is critical — it contains all the documents, notes, and communications related to your claim.

Most insurance lawsuits settle before trial. Your attorney will negotiate with the insurer's legal team to reach a fair settlement.

If settlement is not possible, the case goes to trial. A judge or jury will decide whether the insurer breached its obligations and, if so, what damages you are entitled to receive.

• Breach of contract: 5 years from the date of the breach
• Bad faith (§ 624.155): 5 years from the date the cause of action accrues (generally after the underlying claim is resolved)

Do not wait. Evidence can disappear, and missing the deadline bars your claim entirely.

• The policy benefits owed
• Pre-judgment interest

• Policy benefits owed
• Consequential damages (losses caused by the insurer's bad faith conduct)
• Attorney's fees and costs
• Punitive damages (in egregious cases)

Technically, you can represent yourself in court. Practically, it is a significant disadvantage. Insurance companies have experienced defense attorneys who handle these cases every day. An experienced insurance litigation attorney levels the playing field and significantly improves your chances of a favorable outcome.

At Juan Cordero Lawyers, we handle insurance disputes on a contingency fee basis — you pay nothing unless we recover compensation for you.

Juan Cordero Lawyers fights insurance companies throughout Florida on Car Accident Lawyer Florida, Slip and Fall Lawyer Florida, and Wrongful Death Lawyer Florida claims. Call 305.525.8957 for a free consultation — available 24 hours a day, 7 days a week.