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Insurance Dispute Representation

Miami Insurance DisputesAttorney

PIP litigation, UM/UIM disputes, coverage denials, undervaluation, and bad faith claims under Florida's HB 837 framework. Plaintiff and defense representation across South Florida.

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Florida bad faith claims now require strict pre-suit notice. Under HB 837 amendments to Fla. Stat. § 624.155, written notice and a 90-day cure period are required before filing first-party bad faith litigation.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Three Layers of Insurance Disputes

Three Types of Insurance Disputes

Insurance disputes in Florida personal injury cases fall into three 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.

01

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.

02

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.

03

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.

Three Florida Frameworks

Three Statutes That Define These Cases

Florida insurance disputes operate under three statutory frameworks. Each affects timing, procedure, and remedies in a different way. HB 837 substantially changed the bad faith landscape in 2023.

90
Days / Bad Faith Cure Period

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.

§
PIP Statute

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.

5
Years / Contract SOL

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.

Plaintiff & Defense Representation

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.

Pursuing a Dispute

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
Defending a Dispute

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
Common Insurance Disputes

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.

Dispute Type
Framework
Key Issues
PIP LitigationFirst-Party
Fla. Stat. § 627.736
Medical necessity, reasonableness of charges, 14-day rule compliance, 80% / 60% reimbursement schedules, peer review and IME disputes. Attorney fees recoverable under the statute.
UM / UIM DisputesFirst-Party
Fla. Stat. § 627.727
Coverage availability, stacking rights, exhaustion of liability limits, demand and tender procedures, valuation disputes when the at-fault driver was uninsured or underinsured.
First-Party Bad FaithHB 837 Framework
Fla. Stat. § 624.155
Pre-suit civil remedy notice required. 90-day cure period before suit. Comparative bad faith now applies. Claims include unfair claim settlement practices and failure to settle within limits.
Third-Party Bad FaithCommon Law
Common law / Cunningham
Carrier's failure to settle a third-party claim within policy limits when liability and damages were clear. Excess judgment exposure becomes the carrier's responsibility under Cunningham line of cases.
Coverage DenialDeclaratory Judgment
Fla. R. Civ. P. 1.110
Declaratory judgment actions to interpret policy language, exclusions, named-driver provisions, household exclusions, business-use exclusions, and other coverage scope issues.
Underpayment / UndervaluationContract Dispute
Policy interpretation
Disputes over the carrier's valuation of property damage, total loss, diminished value, medical necessity, lost wages, or other claim components. Often resolved through appraisal or litigation.
Reservation of RightsCoverage Counsel
Coverage opinion
When a carrier defends under reservation of rights, the insured may need separate counsel for coverage issues. Coordination between defense counsel and coverage counsel becomes essential.
Comparative Bad FaithHB 837 Defense
Fla. Stat. § 624.155
HB 837 added comparative bad faith as a partial defense. The carrier can argue the insured's own conduct contributed to the loss, reducing or eliminating bad faith damages.

Summary of common Florida insurance dispute frameworks. Not legal advice. 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.

Case Approach

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 actually 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.

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.

Common Questions

Frequently Asked Questions

What changed about Florida bad faith claims under HB 837?+
HB 837 made several major changes to first-party bad faith claims under Fla. Stat. § 624.155. Pre-suit written notice and a 90-day cure period are now required before suit can be filed. The notice must comply with strict statutory requirements. Comparative bad faith now applies as a partial defense, allowing the insurer to argue the insured's own conduct reduced or eliminated bad faith damages. The cumulative effect is that bad faith claims now require more procedural discipline and produce different outcomes than before March 24, 2023.
What is a Civil Remedy Notice and why is it important?+
The Civil Remedy Notice (CRN) is the pre-suit written notice required under Fla. Stat. § 624.155 before a first-party bad faith claim can be filed. The CRN is filed with the Florida Department of Financial Services and served on the insurer. It must identify the statutory provisions violated and the facts supporting the claim. The insurer then has 90 days to cure. A deficient CRN can bar the bad faith claim entirely. Getting the notice right is one of the most important procedural steps in a bad faith case.
What is the difference between first-party and third-party bad faith?+
First-party bad faith involves the insured suing their own carrier for unfair claim handling, governed by Fla. Stat. § 624.155 (now subject to HB 837 procedural requirements). Third-party bad faith involves the insured suing the carrier after the carrier failed to settle a third-party claim within policy limits, exposing the insured to an excess judgment. Third-party bad faith is governed by Florida common law (the Cunningham line of cases) and has different procedural requirements than first-party bad faith.
What is PIP litigation?+
PIP litigation involves disputes between PIP medical providers or insureds and PIP insurers over no-fault benefits under Fla. Stat. § 627.736. Common issues include medical necessity, reasonableness of charges, compliance with the 14-day rule, the 80% / 60% reimbursement schedules, peer review and IME challenges, and exhaustion of the $10,000 PIP limit. PIP cases have a specialized procedural framework and often involve attorney fee recovery under the statute.
What is UM/UIM coverage and how do disputes arise?+
Uninsured motorist (UM) and underinsured motorist (UIM) coverage is the insured's own coverage that pays when the at-fault driver has no liability coverage (UM) or insufficient coverage (UIM). Disputes arise over coverage availability, whether limits stack across vehicles or policies, whether the at-fault driver's liability limits were properly exhausted before UIM applies, and whether the carrier's valuation of damages reflects the actual injury. Florida's UM/UIM framework under Fla. Stat. § 627.727 has specific tender and demand procedures.
How long do I have to bring an insurance dispute?+
Insurance contract disputes generally have a 5-year statute of limitations under Fla. Stat. § 95.11(2)(b). First-party bad faith claims under Fla. Stat. § 624.155 also have a 5-year limitations period running from accrual. PIP suits are generally subject to the 5-year contract SOL. Underlying personal injury claims that may be related to the insurance dispute have their own 2-year SOL under Fla. Stat. § 95.11(4)(a). Multiple deadlines may apply to a single matter.
What is comparative bad faith?+
Comparative bad faith is a defense added by HB 837 to Fla. Stat. § 624.155. It allows the insurer to argue that the insured's own conduct contributed to the bad faith loss, reducing or eliminating bad faith damages. Examples include the insured's failure to cooperate, late notice of claim, or other conduct that interfered with the claim handling. The defense is fact-intensive and produces a comparative reduction in bad faith recovery similar to comparative negligence in tort cases.
Can I recover attorney's fees in an insurance dispute?+
Sometimes. Florida historically allowed insureds to recover attorney's fees under Fla. Stat. § 627.428, but HB 837 substantially limited this in non-PIP cases. PIP attorney fees remain available in qualifying cases. Bad faith damages may include attorney's fees as a component of recovery. Whether fees are available in a specific case depends on the type of dispute, the procedural posture, and the specific statutory provisions involved.
What does it cost to hire an insurance disputes attorney?+
Plaintiff insurance dispute cases are typically handled on contingency or hybrid arrangements depending on the type of dispute. PIP and bad faith cases with statutory fee recovery provisions often work on contingency. Coverage litigation may use hybrid or hourly arrangements. Costs (filing fees, expert fees, deposition costs) are typically advanced by the firm and reimbursed at resolution. Defense and carrier representation is structured differently, typically on hourly or flat-fee arrangements.
Does the firm represent both insureds and insurers?+
Yes. The firm represents both insureds and claimants pursuing insurance disputes and insurance carriers, businesses, or insureds defending coverage and bad faith claims. Each side requires different strategy, but the underlying preparation, document review, and disciplined approach to the case is the same. Conflicts are screened at intake on every matter.
Related Practice Areas

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.

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Truck Accidents

Layered commercial coverage, MCS-90 endorsements, and excess policy disputes are common in trucking insurance disputes.

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Serious Injury Cases

Catastrophic injury cases frequently exceed primary coverage limits and require excess policy and bad faith analysis.

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Personal Injury

Insurance disputes are part of nearly every personal injury matter. Underlying PI strategy and insurance dispute strategy work together.

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Speak With Andre

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.

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