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What Is Bad Faith in Insurance?

Bad faith occurs when an insurance company fails to meet its legal obligation to act honestly and fairly toward policyholders.

This includes:

  • Unreasonable delays
  • Failure to properly investigate a claim
  • Misrepresenting policy coverage
  • Denying or underpaying valid claims

In Florida, insurers must handle claims in good faith—and delays can be a major violation.


What Is a Bad Faith Delay?

A bad faith delay happens when an insurance company intentionally or unreasonably slows down your claim.

This can include:

  • Ignoring your claim for extended periods
  • Failing to respond to communication
  • Repeatedly asking for unnecessary documentation
  • Delaying inspections or decisions without cause
  • Keeping your claim in “pending” indefinitely

Learn more:
Why Insurance Claims Get Stuck in “Pending”


When Does a Delay Become Bad Faith?

Not all delays are illegal—but many cross the line.

A delay may qualify as bad faith if:

  • There is no valid reason for the delay
  • The insurance company fails to communicate
  • You’ve provided all required documentation
  • The delay is used to pressure you into a lower settlement

If your claim feels stuck with no explanation, it’s worth investigating further.


Examples of Bad Faith Delay Tactics

Insurance companies may:

  • Delay processing to avoid paying quickly
  • Request the same documents repeatedly
  • Postpone inspections or follow-ups
  • Avoid making a decision altogether

These tactics are often used to wear down policyholders.


Don’t Let the Insurance Company Stall Your Claim

If your claim is delayed, you may be entitled to more than just the original payout.


What Can You Do About a Bad Faith Delay?

If you suspect bad faith, you can:

1. Document Everything

Keep records of:

  • Emails
  • Calls
  • Requests and responses

2. Request Written Explanations

Ask the insurance company to explain:

  • Why your claim is delayed
  • What is needed to move forward

3. Escalate the Claim

You can:

  • Request a supervisor review
  • File a formal complaint
  • Demand a timeline

4. Consider Legal Action

If delays continue, you may have the right to:

  • File a bad faith insurance claim
  • Recover additional damages
  • Hold the insurance company accountable

Learn more:
Can You Sue an Insurance Company for Delay?


What Can You Recover in a Bad Faith Claim?

In some cases, you may be able to recover:

  • The full value of your original claim
  • Additional damages caused by the delay
  • Legal fees and costs

Bad faith claims can significantly increase what the insurance company owes.


Common Mistakes to Avoid

  • Ignoring long delays
  • Not documenting communication
  • Accepting vague explanations
  • Waiting too long to act
  • Assuming delays are normal

Related Resources


FAQ: Bad Faith Insurance Delays

What is a bad faith delay in insurance?

A bad faith delay occurs when an insurance company unreasonably or intentionally delays handling your claim.

How do I prove bad faith?

Documentation of delays, lack of communication, and unreasonable actions by the insurer can help support a bad faith claim.

Can I sue for a delayed insurance claim?

Yes, if the delay is unreasonable and violates the insurer’s duty to act in good faith.

What damages can I recover?

You may recover your original claim amount, additional damages, and legal costs depending on the case.


Hold the Insurance Company Accountable

If your claim has been delayed in bad faith, we can help you take action.