Miami Insurance Disputes Attorney
PIP litigation, UM/UIM disputes, coverage denials, undervaluation, and bad faith claims under Florida's HB 837 framework across Miami-Dade and South Florida. Plaintiff and defense representation across South Florida.
Frequently Asked Questions
What changed about Florida bad faith claims under HB 837?+
What is a Civil Remedy Notice and why is it important?+
What is the difference between first-party and third-party bad faith?+
What is PIP litigation?+
What is UM/UIM coverage and how do disputes arise?+
How long do I have to bring an insurance dispute?+
What is comparative bad faith?+
Can I recover attorney's fees in an insurance dispute?+
What does it cost to hire an insurance disputes attorney?+
Does the firm represent both insureds and insurers?+
Types of Insurance Disputes
Insurance disputes in Florida personal injury cases fall into distinct categories. Each operates under different statutes, has different procedural requirements, and produces different remedies. Identifying the right framework at the outset shapes the case.
First-Party Coverage Disputes
Disputes between the insured and their own carrier over PIP, UM/UIM, med-pay, or other first-party coverage. PIP litigation is governed by Fla. Stat. § 627.736 and frequently turns on medical necessity and reasonableness.
Bad Faith Claims
Statutory bad faith under Fla. Stat. § 624.155 against insurers that fail to settle within policy limits or improperly deny coverage. HB 837 added strict pre-suit notice and 90-day cure requirements.
Coverage Litigation
Declaratory judgment actions to determine coverage scope, exclusions, policy limits, stacking, and other coverage questions. Often required when an insurer denies or limits coverage on a personal injury claim.
The Statutes That Define These Cases
Florida insurance disputes operate under several statutory frameworks. Each affects timing, procedure, and remedies in a different way. HB 837 substantially changed the bad faith landscape in 2023.
HB 837 Notice & Cure
First-party bad faith claims under Fla. Stat. § 624.155 now require written pre-suit notice and a 90-day cure period before suit can be filed. Failure to comply bars the claim.
FS 627.736
Florida PIP framework governs no-fault medical and lost wage benefits. PIP litigation typically involves medical necessity, reasonableness of charges, and compliance with the 14-day rule.
Insurance Contract SOL
Disputes over insurance contract terms have a 5-year statute of limitations under Fla. Stat. § 95.11(2)(b). Bad faith claims have a 5-year limitations period from accrual.
Both Sides of Insurance Litigation
The firm represents both insureds and claimants pursuing insurance disputes and insurance carriers, businesses, or insureds defending coverage and bad faith claims. The strategy is different on each side, but the underlying preparation and discipline is the same.
Plaintiff & Insured Representation
- PIP litigation under Fla. Stat. § 627.736
- UM/UIM coverage disputes and stacking analysis
- HB 837 pre-suit notice preparation and 90-day cure
- First-party bad faith claims under Fla. Stat. § 624.155
- Coverage declaratory judgment actions
- Settlement negotiation and litigation through trial
Carrier & Insured Defense
- Coverage defense and policy interpretation
- HB 837 cure response and pre-suit resolution
- PIP claim defense including medical necessity challenges
- Bad faith defense including comparative bad faith analysis
- Reservation of rights and coverage opinion work
- Trial defense and post-judgment motion practice
Types of Insurance Cases
Insurance disputes in Florida personal injury cases take several recurring forms. Each carries its own legal framework, procedural requirements, and strategic considerations.
Summary of common Florida insurance dispute frameworks. Specific availability and procedural requirements depend on the policy, the facts, the type of dispute, and the timing relative to the HB 837 effective date of March 24, 2023.
How an Insurance Dispute Gets Built
Insurance disputes in Florida personal injury matters require careful procedural compliance, disciplined documentation, and strategic positioning. The HB 837 reforms substantially changed the bad faith landscape in 2023, and the cases that produce strong outcomes are the ones where the procedural requirements were satisfied and the underlying claim was developed thoroughly.
Coverage Analysis at the Outset
The first step in every insurance dispute is full policy review. Declarations page, policy form, all endorsements, exclusions, and any reservation of rights letters all matter. Coverage analysis identifies what the carrier owes and where the dispute lies. Many disputes evaporate at this stage when the policy is read correctly. Others sharpen into clear coverage litigation issues.
HB 837 Pre-Suit Compliance for First-Party Bad Faith
First-party bad faith claims under Fla. Stat. § 624.155 now require strict procedural compliance. The civil remedy notice (CRN) must be filed with the Florida Department of Financial Services and served on the insurer. The notice must specify the statutory provisions violated and the facts supporting the claim. The carrier then has 90 days to cure. If the carrier cures within 90 days, the bad faith claim cannot proceed. If the carrier does not cure, the claim ripens. Getting the CRN right is essential because deficient notices can bar the claim entirely.
In a Florida bad faith case, the case is often won or lost in the civil remedy notice that gets filed before the lawsuit even begins.
PIP Litigation Strategy
Florida PIP litigation is volume-driven. Most disputes involve medical necessity, reasonableness of charges, the 14-day rule, the 80% / 60% reimbursement schedules, and peer review or IME challenges. PIP cases benefit from the statutory attorney fee provision under Fla. Stat. § 627.428 (now significantly modified by HB 837 for non-PIP cases but PIP fees remain available in proper cases). Discovery on the insurer's claims handling, peer review processes, and medical review consultants often shapes the outcome.
UM / UIM Stacking and Exhaustion
UM and UIM disputes often turn on whether limits stack across vehicles or policies, whether the at-fault driver's liability limits were properly exhausted before UIM was demanded, and whether the carrier's valuation reflects the actual damages. Tender procedures and demand letters under Fla. Stat. § 627.727 require careful sequencing.
Litigation Readiness Across All Dispute Types
Insurance carriers respond to credible litigation pressure. Cases that resolve favorably are the ones where the claim was preserved properly, the procedural requirements were met, and the case was prepared as if it would be tried. Filing the lawsuit, completing discovery, taking the carrier's adjuster and claim handler depositions, and pushing toward trial often produces the resolution. The settlement that reflects fair value typically comes when the carrier sees the case is being prepared seriously.
Related Personal Injury Matters
Insurance disputes frequently overlap with the underlying personal injury claim. Each related practice carries its own framework.
Car Accidents
Most insurance disputes arise out of underlying motor vehicle claims. PIP, UM/UIM, and third-party liability all generate insurance litigation.
Learn More →Truck Accidents
Layered commercial coverage, MCS-90 endorsements, and excess policy disputes are common in trucking insurance disputes.
Learn More →Direct attorney access at (305) 774-7000
Insurance disputes turn on procedural compliance, careful documentation, and strategic timing. Cases that resolve well are the ones where counsel was engaged early, the procedural requirements were met, and the underlying claim was preserved with the discipline insurance carriers respect. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.
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