Can I Sue an Adjuster for Bad Faith in Miami?

No. Florida insurance law does not allow a bad faith lawsuit against an insurance adjuster of your insurance carrier. These claims are brought only against the insurance company, not its employees. 

However, the conduct of an insurance adjuster can absolutely support a bad faith lawsuit against the insurer once certain statutory steps are completed. When questionable insurance claims handling leads to financial harm, guidance from a qualified Miami bad faith insurance attorney can help clarify your rights and next steps.

If you’re confused about what qualifies as a bad faith lawsuit in Miami and want to sue the insurance adjuster who responded to your claim, one of our attorneys can help. At The Morgan Law Group, we have been helping property owners, businesses, and motorists across Miami who faced unfair treatment from insurance carriers.

What Is Bad Faith Practice in Miami?

Bad faith occurs when an insurance carrier fails to uphold the duties outlined in Florida insurance laws, including obligations to act fairly, promptly, and honestly toward policyholders. While an insurance adjuster can’t personally be sued, their conduct is often central to demonstrating that the insurer acted in bad faith.

Florida statutes require carriers to:

• Act honestly and fairly in settling claims
• Promptly investigate and communicate with policyholders
• Provide truthful and accurate explanations
• Evaluate claims based on the facts, not profit motives
• Attempt settlement when liability is clear

When an insurance carrier violates these duties, it opens the door to a bad faith lawsuit once procedural steps are satisfied. Miami claims involving storm damage, water losses, mold, fire, or hurricane impacts frequently give rise to disputes where improper claims handling may qualify as bad faith.

Examples that often justify further legal action include:

• Unreasonable Delays in Investigating or Paying a Claim: When an adjuster continuously postpones inspections, ignores calls, or delays decisions without cause, it may indicate bad faith. 
• Lowball Offers That Ignore Evidence: Adjusters may minimize damage, overlook entire categories of covered repairs, or undervalue personal property. Lowballing is one of the most common foundations for a bad faith lawsuit.
• Misrepresenting Policy Language or Coverage: When they tell policyholders that a loss isn’t covered, despite the terms of the policy stating otherwise, it can serve as evidence of improper claims handling. 
• Failure to Conduct a Full and Fair Investigation: After an insurance adjuster assessed an insurance claim, many policyholders often realize their home or business was never thoroughly inspected or that key evidence was ignored.
• Improper Denials Without Reasonable Justification: If an adjuster denies coverage without a clear and legitimate reason, or relies on vague or inaccurate explanations, the carrier may be acting contrary to Florida insurance regulations.
• Poor Communication or Refusal to Provide Information: A blatant lack of communication or refusal to answer reasonable questions, like those outlined in asking questions to insurance adjusters, can show a failure to act in good faith.

These patterns often appear in homeowners, condo, HOA, commercial, and auto insurance claims across Miami. Documenting them early is critical because they can significantly strengthen the foundation of a future bad faith action once the underlying claim is resolved.

What to Do After a Bad Faith Practice in Miami 

Even if an adjuster’s actions feel unfair or improper, Florida laws require several very specific steps before a bad faith lawsuit can be filed. 

Most importantly, a bad faith claim can’t move forward until the underlying insurance dispute is fully resolved. That means you must first complete the process of challenging the claim decision, whether through supplemental claims, negotiations, appraisal, or litigation over coverage.

Here’s what to do when you believe your adjuster acted in bad faith.

1. Continue Pursuing the Underlying Claim

Because a bad faith lawsuit hinges on whether the carrier wrongfully failed to pay what was owed under the policy, the dispute about coverage or the amount of loss must be resolved first. You cannot sue for bad faith while the insurer still has a chance to correct its breach.

2. Document Every Interaction

Maintain emails, texts, letters, claim notes, and photographs. Write down the date and content of each phone call or inspection. This documentation becomes important later if the insurer fails to correct the issue.

3. Provide Formal Notice

Before a bad faith lawsuit can be filed, the policyholder must submit a Civil Remedy Notice (CRN) through the Florida Department of Financial Services. This notice gives the carrier 60 days to fix the violation, pay undisputed funds, or otherwise resolve the misconduct. If the insurer fails to cure the issue within the statutory 60-day window, it may then be legally responsible for damages beyond policy limits in a resulting bad faith lawsuit.

4. Evaluate the Claim with a Legal Counsel

Many property owners regularly encounter improper handling of insurance claims. Experienced bad faith insurance claim attorneys in Miami can identify which conduct supports a future bad faith case and help navigate notice requirements, claim documentation, and legal deadlines.

5. Keep Communication Professional 

Whenever you feel an insurance adjuster is making inconsistent statements or providing inaccurate information, written communication helps create a clear record.

While it may feel urgent to take action against an insurance adjuster personally, Florida insurance law focuses on the insurer’s overall conduct, not the individual. Everything you document helps build a strong case once the statutory conditions for a bad faith lawsuit are met.

Let’s Evaluate Your Bad Faith Insurance Claim in Miami

Either the insurance adjuster or your insurer refuses to act fairly, ignores evidence, or improperly delays a legitimate claim – you may have the right to pursue enhanced damages through a bad faith lawsuit once statutory procedures are met.

If you believe your insurance adjuster acted improperly or that your carrier violated its obligations, The Morgan Law Group will be ready to review your rights and potential remedies. Working with our bad faith insurance claim attorneys in Miami, expect that the insurance company lives up to its legal duties and pays what is owed.

Call us today at (305) 614-5235 or contact us using our online form for a free consultation about your bad faith insurance claim at our office in Miami.